396 U.S. 290 (1970), 944, Carter v. West Feliciana Parish School Board

Docket Nº:No. 944
Citation:396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477
Party Name:Carter v. West Feliciana Parish School Board
Case Date:January 14, 1970
Court:United States Supreme Court
 
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Page 290

396 U.S. 290 (1970)

90 S.Ct. 608, 24 L.Ed.2d 477

Carter

v.

West Feliciana Parish School Board

No. 944

United States Supreme Court

January 14, 1970

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Certiorari granted; 419 F.2d 1211, reversed and remanded.

Page 291

Per curiam opinion.

PER CURIAM.

Insofar as the Court of Appeals authorized deferral of student desegregation beyond February 1, 1970, that court misconstrued our holding in Alexander v. Holmes County Board of Education, ante, p. 19. Accordingly, the petitions for writs of certiorari are granted, the judgments of the Court of Appeals are reversed, and the cases remanded to that court for further proceedings consistent with this opinion. The judgments in these cases are to issue forthwith.

HARLAN, J., concurring

MR. JUSTICE HARLAN, with whom MR. JUSTICE WHITE joins, concurring.

I join the Court's order. I agree that the action of the Court of Appeals in these cases does not fulfill the requirements of our recent decision in Alexander v. Holmes County Board of Education, ante, p. 19, and accordingly that the judgments below cannot stand. However, in fairness to the Court of Appeals [90 S.Ct. 609] and to the parties, and with a view to giving further guidance to litigants in future cases of this kind, I consider that something more is due to be said respecting the intended effect of the Alexander decision. Since the Court has not seen fit to do so, I am constrained to set forth at least my own understanding of the procedure to be followed in these cases. Because of the shortness of the time available, I must necessarily do this in a summary way.

The intent of Alexander, as I see it, was that the burden in actions of this type should be shifted from plaintiffs, seeking redress for a denial of constitutional

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rights, to defendant school boards. What this means is that, upon a prima facie showing of noncompliance with this Court's holding in Green v. County School Board of New Kent County, 391 U.S. 430 (1968), sufficient to demonstrate a likelihood of success at trial, plaintiffs may apply for immediate relief that will at once extirpate any lingering vestiges of a constitutionally prohibited dual school system. Cf. Magnum Import Co. v. Coty, 262 U.S. 159 (1923).

Such relief, I believe it was intended, should consist of an order providing measures for achieving disestablishment of segregated school systems, and should, if appropriate, include provisions for pupil and teacher reassignments, rezoning, or any other steps necessary to accomplish the desegregation of the public school system as required by Green. Graduated implementation of the relief is no longer constitutionally permissible. Such relief shall become...

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