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 instructed the United States District Court for the Eastern District of Virginia that all schools should be opened without segregation. The District Court initially delayed its order to first decide if the Virginia state constitution necessitated public school operations.