396 U.S. 19 (1969), 632, Alexander v. Holmes County Board of Education
|Docket Nº:||No. 632|
|Citation:||396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19|
|Party Name:||Alexander v. Holmes County Board of Education|
|Case Date:||October 29, 1969|
|Court:||United States Supreme Court|
Argued October 23, 1969
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Continued operation of racially segregated schools under the standard of "all deliberate speed" is no longer constitutionally permissible. School districts must immediately terminate dual school systems based on race and operate only unitary school systems. The Court of Appeals' order of August 28, 1969, delaying that court's earlier mandate for desegregation in certain Mississippi school districts is therefore vacated, and that court is directed to enter an order, effective immediately, that the schools in those districts be operated on a unitary basis. While the schools are being thus operated, the District Court may consider any amendments of the order which may be proposed, but such amendments may become effective only with the Court of Appeals' approval.
Vacated and remanded.
Per curiam opinion.
This case comes to the Court on a petition for certiorari to the Court of Appeals for the Fifth Circuit. The petition was granted on October 9, 1969, and the case set down for early argument. The question presented is one of paramount importance, involving as it does the denial of fundamental rights to many thousands of school children, who are presently attending Mississippi schools under segregated conditions contrary to the applicable decisions of this Court. Against this background the Court of Appeals should have denied all motions for additional time because continued operation of segregated schools under a standard of allowing "all deliberate speed" for desegregation is no longer constitutionally permissible. Under explicit holdings of this Court, the obligation of every school district is to terminate dual school systems at once and to operate now and hereafter only unitary schools. Griffin v. School Board, 377 U.S. 218, 234 (1964); Green v. County School Board of New Kent County, 391 U.S. 430, 438-439, 442 (1968). Accordingly,
It is hereby adjudged, ordered, and decreed:
1. The Court of Appeals' order of August 28, 1969, is vacated, and the case is remanded to that court to issue its decree and order, effective immediately, declaring that each of the [90 S.Ct. 30] school districts here involved may no longer operate a...
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