402 U.S. 47 (1971), 444, Moore v. Charlotte-Mecklenburg Board of Education

Docket NºNo. 444
Citation402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590
Party NameMoore v. Charlotte-Mecklenburg Board of Education
Case DateApril 20, 1971
CourtUnited States Supreme Court

Page 47

402 U.S. 47 (1971)

91 S.Ct. 1292, 28 L.Ed.2d 590

Moore

v.

Charlotte-Mecklenburg Board of Education

No. 444

United States Supreme Court

April 20, 1971

Argued October 13, 1970

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Syllabus

Since both parties in this action challenging a school desegregation plan seek the same result, viz., a holding that North Carolina's Anti-Busing Law is constitutional, there is no Art. III case or controversy. Additionally, on the facts of this case, no direct appeal to this Court lies under 28 U.S.C. § 1253.

312 F.Supp. 503, appeal dismissed for lack of jurisdiction.

Per curiam opinion.

PER CURIAM.

Appellants seek review of the decision of the United States District Court for the Western District of North Carolina declaring a portion of the North Carolina anti-busing statute unconstitutional, and enjoining its enforcement. It is a companion case to No. 498, North Carolina State Board of Education v. Swann, ante, p. 43. We postponed decision on the question of jurisdiction, 400 U.S. 803 (1970), and, after hearing on the merits, we now dismiss the appeal for lack of jurisdiction.

At the hearing, both parties argued to the three-judge court that the anti-busing law was constitutional and urged that the order of the District Court adopting the Finger plan should be set aside. We are thus confronted

Page 48

with the anomaly that both litigants desire precisely the same result, namely a holding that the anti-busing statute is constitutional. There is, therefore, no case or controversy within the meaning of Art. III of the Constitution. Muskrat v. United States, 219 U.S. 346 (1911). Additionally, since neither party sought an injunction to restrain a state officer from enforcing a state statute alleged to be unconstitutional, 28 U.S.C. § 2281, this is not an appeal from "any civil action, suit or proceeding required . . . to be heard . . . by a district court of three judges," 28 U.S.C. § 1253, and hence no direct appeal to this Court is available.

Dismissed.

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59 practice notes
  • 381 F.Supp. 327 (D.Md. 1974), Civ. Y-74-748, Kirkley v. State of Maryland, by Mandel
    • United States
    • Federal Cases United States District Courts 4th Circuit United States District Court (Maryland)
    • August 26, 1974
    ...as to whether there here exists a case or controversy as required by Article III of the Constitution. See, Moore v. Board of Education, 402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590 Although plaintiff Kirkley was allowed to file as a candidate despite the restriction in the Maryland Constituti......
  • 398 F.Supp. 1 (S.D.Tex. 1975), Civ. A. 75-H-884, Atlantic Richfield Co. v. F.T.C.
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Southern District of Texas
    • July 3, 1975
    ...short, this Court concludes, as has the United States Supreme Court in another context, Moore v. Charlotte-Mecklenburg Board of Education, 402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590 (1971), that both plaintiff and the corporate defendants seek the same or a similar result from this litigati......
  • Judicial Review
    • United States
    • The Path of Constitutional Law Part III: The Efficient Causes Of Constitutional Law
    • January 1, 2007
    ...of International Human Rights Law, 38 Stan. J. Int'l L. 241, 245-49 (2002). [518] See, e.g., Moore v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 47, 47-48 (1971). [519] See, e.g., United States v. Johnson, 319 U.S. 302, 303-05 (1943). [520] See, e.g., Evers v. Dwyer, 358 U.S. 202, 203-04 ......
  • 337 N.E.2d 23 (Ill. 1975), 47187, Gatto v. Walgreen Drug Co.
    • United States
    • Illinois Supreme Court of Illinois
    • September 26, 1975
    ...the issues they are purportedly litigating before the trial court. See generally Moore v. Charlotte-Mecklenburg Board of Education (1971), 402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590; Sturgeon v. Powell (1969), 118 Ill.App.2d 382, 254 N.E.2d 837; Wright, Law of Federal Courts, sec. 12 (1970)......
  • Request a trial to view additional results
56 cases
  • 381 F.Supp. 327 (D.Md. 1974), Civ. Y-74-748, Kirkley v. State of Maryland, by Mandel
    • United States
    • Federal Cases United States District Courts 4th Circuit United States District Court (Maryland)
    • August 26, 1974
    ...as to whether there here exists a case or controversy as required by Article III of the Constitution. See, Moore v. Board of Education, 402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590 Although plaintiff Kirkley was allowed to file as a candidate despite the restriction in the Maryland Constituti......
  • 398 F.Supp. 1 (S.D.Tex. 1975), Civ. A. 75-H-884, Atlantic Richfield Co. v. F.T.C.
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Southern District of Texas
    • July 3, 1975
    ...short, this Court concludes, as has the United States Supreme Court in another context, Moore v. Charlotte-Mecklenburg Board of Education, 402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590 (1971), that both plaintiff and the corporate defendants seek the same or a similar result from this litigati......
  • 337 N.E.2d 23 (Ill. 1975), 47187, Gatto v. Walgreen Drug Co.
    • United States
    • Illinois Supreme Court of Illinois
    • September 26, 1975
    ...the issues they are purportedly litigating before the trial court. See generally Moore v. Charlotte-Mecklenburg Board of Education (1971), 402 U.S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590; Sturgeon v. Powell (1969), 118 Ill.App.2d 382, 254 N.E.2d 837; Wright, Law of Federal Courts, sec. 12 (1970)......
  • League of Women Voters of Virginia v. Virginia State Board of Elections, 050520 VAWDC, 6:20-cv-00024
    • United States
    • Federal Cases United States District Courts 4th Circuit United States District Court (Western District of Virginia)
    • May 5, 2020
    ...when "both litigants desire precisely the same result. . . ." Moore v. Charlotte-Mecklenburg Bd. Of [Educ], 402 U.S. 47, 47-48 (1971). Dkt. 58. But that is not the case before this Court. Rather, as the parties have made express both during the status ......
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3 books & journal articles
  • Judicial Review
    • United States
    • The Path of Constitutional Law Part III: The Efficient Causes Of Constitutional Law
    • January 1, 2007
    ...of International Human Rights Law, 38 Stan. J. Int'l L. 241, 245-49 (2002). [518] See, e.g., Moore v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 47, 47-48 (1971). [519] See, e.g., United States v. Johnson, 319 U.S. 302, 303-05 (1943). [520] See, e.g., Evers v. Dwyer, 358 U.S. 202, 203-04 ......
  • The dark side of efficiency: Johnson v. M'Intosh and the expropriation of American Indian lands.
    • United States
    • University of Pennsylvania Law Review Vol. 148 Nbr. 4, April 2000
    • April 1, 2000
    ...jurisdiction in feigned cases since there is no "case or controversy." See, e.g., Moore v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 47, 48 (1971) (dismissing for lack of jurisdiction because of the absence of a "case or controversy"); Lord v. Veazie, 49 U.S. (8 How.)......
  • Table of Cases
    • United States
    • The Path of Constitutional Law Suplemmentary Materials
    • January 1, 2007
    ...v. Del Monte Dunes, 526 U.S. 687, 119 S.Ct. 1624, 143 L.Ed.2d 882 (1999), 939-42, 994, 1250 Moore v. Charlotte-Mecklenburg Bd. of Educ. 402 U .S. 47, 91 S.Ct. 1292, 28 L.Ed.2d 590 (1971), 676 Moore v. City of East Cleveland, Ohio, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977), 130, 372......