 Marshall argues the equal protection clause extends far enough to the states to prohibit segregated schools.Davis counters that control of public schools is a "states' rights" issue that Congress never intended to be covered by the 14th Amendment when it was passed.Taking the case under advisement, the stalemated justices agree to allow Marshall and Davis an opportunity to reargue their respective cases as to whether the equal protection clause specifically extends to the desegregation of schools.