sentences:  Instead, Justice Miller sided with his mentor, now-Congressman Tuck, and U.S.Senator Harry F. Byrd, and contended that the U.S. Supreme Court had made Section 129 of the state Constitution (mandating maintenance of "efficient, free public schools") inoperative by the desegregation opinion invalidating Section 140.Other aspects of the Stanley Plan were found unconstitutional by a three judge panel on the same day, January 19, 1959 (Robert E. Lee's birthday, a state holiday in Virginia), and by the U.S. Supreme Court after Miller's death.