Other public schools in the community, however, are operated on a nonsegregated basis. Pursuant to that authority, the Topeka Board of Education elected to establish segregated elementary schools. They brought this action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population to maintain separate school facilities for Negro and white students. Board of Education, the plaintiffs are Negro children of elementary school age residing in Topeka. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion. These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware.
CHIEF JUSTICE WARREN delivered the opinion of the Court.
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