Daniel v. Paul/Concurrence Douglas

Mr. Justice DOUGLAS, concurring.

While I join the opinion of the Court, I also rest on the Fourteenth Amendment. My views were set forth in Bell v. Maryland, 378 U.S. 226, 242, 84 S.Ct. 1814, 1823, 12 L.Ed.2d 822 where I said:

'Segregation of Negroes in the restaurants and lunch counters     of parts of America is a relic of slavery. It is a badge of     second-class citizenship.

It is a denial of a privilege and immunity of national     citizenship and of the equal protection guaranteed by the      Fourteenth Amendment against abridgment by the States.' Id.,      260, 84 S.Ct. 1832.

And see my concurring opinion in Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 279 et seq., 85 S.Ct. 348, 369 et seq., 13 L.Ed.2d 258.

Mr. Justice BLACK, dissenting.