United States v. Scotland Neck City Board of Education

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United States v. Scotland Neck City Board of Education (1972)
Syllabus
4615127United States v. Scotland Neck City Board of Education — Syllabus1972
Court Documents
Concurring Opinion
Burger

Supreme Court of the United States

407 U.S. 484

United States  v.  Scotland Neck City Board of Education et al.

Certiorari to the United States Court of Appeals for the Fourth Circuit

No. 70-130.  Argued: February 29 - March 1, 1972 --- Decided: June 22, 1972[1]

A state statute authorized creation of a new school district for Scotland Neck, N.C., a city that was part of the larger Halifax County school district, then in the process of dismantling a dual school system. The District Court in this litigation instituted by the United States enjoined implementation of the statute as creating a refuge for white students and promoting school segregation in the county. The Court of Appeals reversed, ruling that the statute's impact on dismantling the county dual system was minimal and that it should not be regarded as an alternative desegregation plan for the county since it was enacted by the legislature and not by the school board.

Held: Whether the action affecting dismantling of a dual school system is initiated by the legislature or by the school board is immaterial, North Carolina Board of Education v. Swann, 402 U.S. 43; the criterion is whether the dismantling is furthered or hindered by carving a new school district from the larger district having the dual school system, and a proposal that would impede the dismantling process may be enjoined. Wright v. Council of City of Emporia, ante, p. 451. Pp. 488-491.

442 F. 2d 575, reversed.


STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, and MARSHALL, JJ., joined. BURGER, C.J., filed an opinion concurring in the result, in which BLACKMUN, POWELL, and REHNQUIST, JJ., joined, post, p. 491.


Deputy Solicitor General Wallace argued the cause for petitioner in No. 70-130. With him on the brief were Solicitor General Griswold, Assistant Attorney General Norman, and Brian K. Landsberg. Adam Stein argued the cause for petitioners in No. 70-187. With him on the brief were Jack Greenberg, James M. Nabrit III, Norman J. Chachkin, J. LeVonne Chambers, James R. Walker, Jr., and Samuel S. Mitchell.

C. Kitchin Josey and William T. Joyner argued the cause for respondents in both cases. With them on the brief were Robert Morgan, Attorney General of North Carolina, and Ralph Moody, Deputy Attorney General.

Notes

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  1. Together with No. 70-187, Cotton et al. v. Scotland Neck City Board of Education et al., also on certiorari to the same court.