409 U.S. 1228 (1972), A-250, Drummond v. Acree

Docket Nº:No. A-250 (72-167)
Citation:409 U.S. 1228, 93 S.Ct. 18, 34 L.Ed.2d 33
Party Name:Drummond v. Acree
Case Date:September 01, 1972
Court:United States Supreme Court

Page 1228

409 U.S. 1228 (1972)

93 S.Ct. 18, 34 L.Ed.2d 33




No. A-250 (72-167)

United States Supreme Court

Sept. 1, 1972



Where the lower courts held that an order for the transportation of students was entered to accomplish desegregation of the elementary school system of Augusta, Georgia, an application for stay premised solely on that portion of § 803 of the Education Amendments of 1972 prohibiting effectuation of an order for student busing to achieve a racial balance among students until all appeals have been exhausted is denied.

See: 458 F.2d 486.

POWELL, J., lead opinion

[93 S.Ct. 19] MR. JUSTICE POWELL, Circuit Justice.

This application, filed by parent intervenors in this school desegregation case from Richmond County (Augusta), Georgia, seeks a stay of a judgment of the Court of Appeals for the Fifth Circuit. That court, on March 31, 1972, affirmed an order of the United States District Court for the Southern District of Georgia adopting a plan for the desegregation of 29 elementary schools in Augusta. Acree v. County Board of Education of Richmond County, 458 F.2d 486 (1972). After the Fifth Circuit's affirmance, I denied a stay because that relief had not been requested from the appropriate Court of Appeals, as ordinarily required by Rule 27 of the Supreme Court Rules. Applicants immediately sought a stay from the Fifth Circuit, which was denied.1 Applicants have now reapplied to me.

This reapplication is premised solely on the contention that a stay is required under § 803 of the Education Amendments of 1972. That section reads in pertinent part as follows:

[I]n the case of any order on the part of any United States district court which requires the transfer or

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transportation of any student . . . for the purposes of achieving a balance among students with respect to race . . . , the effectiveness of such order shall be postponed until all appeals . . . have been exhausted. . . .

Education Amendments of 1972, Pub.L. 92-318, Tit. VIII, § 803, 86 Stat. 372, 20 U.S.C. § 1653 (1970 ed., Supp. II) (emphasis added). By those terms, the statute requires that the effectiveness of a district court order be postponed pending appeal only if the order requires the "transfer or transportation" of students "for the purposes of achieving a balance among students with...

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