In 1959, the United States Court of Appeals for the Fourth Circuit had ordered the United States District Court for the Eastern District of Virginia to require that the schools open without segregation. The District Court initially refrained from ordering the schools opened pending the separate question whether the Virginia state constitution required the operation of public schools.
In 1959, the United States Court of Appeals for the Fourth Circuit directed the United States District Court for the Eastern District of Virginia that all schools should be opened without segregation. The District Court initially postponed its order to first ascertain if the Virginia state constitution required public school operations.