The death penalty, I think, is a terrible scar on American justice, especially the concept of equal justice under law, but also of due process. And it goes state by state, and it's different in different states.

The following year the University of Mississippi was forced to admit James Meredith a well qualified black student. He argued to not to use the 14th Amendment to overcome discrimination instead favoring the federal government's constitutional power to regulate interstate commerce. Marshall and the Attorney General persuaded President Kennedy to enforce the order using federal troops.