92 14 30 19 Guey Heung Lee v. Johnson 8212 203

Citation30 L. Ed. 2d 19,404 U.S. 1215,92 S. Ct. 14
Decision Date25 August 1971
Docket NumberNo. A,A
Parties'/P> 92 S.Ct. 14 30 L.Ed.2d 19 GUEY HEUNG LEE et al. v. David JOHNSON et al. —203
CourtUnited States Supreme Court

Mr. Justice DOUGLAS, Circuit Justice.

Applicants are;Americans of Chinese ancestry who seek a stay of a Federal District Court's order reassigning pupils of Chinese ancestry to elementary public schools in San Francisco. The order was made in a school desegregation case, the San Francisco Unified School District having submitted a comprehensive plan for desegregation which the District Court approved.

There are many minorities in the elementary schools of San Francisco; and while the opiniou of the District Court mentions mostly the Blacks, there are in addition to whites, Chinese, Japanese, Filipinos, and Americans both of African and Spanish ancestry. The schools attended by the class here represented are filled predominantly with children of Chinese ancestry—-in one 456 out of 482, in another 230 out of 289, and in a third, 1,074 out of 1,111.

Historically, California statutorily provided for the establishment of sekarate schools for children of Chinese ancestry.* That was the clasic case of de jure segrega- tion involved in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873, relief ordered, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083. Schools once segregated by state action must be desegregated by state action, at least until the force of the earlier segregation policy has been dissipated. 'The objective today remains to eliminate from the public schools;all vestiges of state-imposed segregation.' Swan v. Charlotte-Mecklenburg Board otqcation, 402 U.S. 1, 15, 91 S.Ct. 1267, 1275, 28 L.Ed.2d 554. The District Court in the present case@C` findings that plainly indicate the force of the old policy has persisted: '(T)he school board * * * has drawn school attendance lines, year after year, knowing that the lines maintain or heighten racial imbalance * * *.' And further, that no evidence has been tendered to show that since Brown I 'the San Francisco schoow authorities had ever changed any school attendance line for the purpose of reducing or eliminating racial imbalance.' Johnson v. San Francisco Unified School District, 339 F.Supp. 1315, 1319 (N.D.Cal.1971).

Brown v. Board of Education was not written for Blacks alone. It rests on the Equal Protection Clause of the Fourteenth Amendment, one of the first beneficiaries of which were the Chinese people of San Francisco. See Yick Wo v. Hopkinh, 118 U.S. 356, 6 S.Ct. 1064, 30 L.Ed. 220. The theme of our school desegregation cases extends to all racial minorities treated invidiously by a State or any of its agencies.

It is not for me to approve or disapprove the plan; that is a matter that goes to the merits and the appeal has not been heard. The plan, however, has earmarks of a thoughtful plan, at least measured by some of the thoughtful concerns o} the Chinese community. The District Court ruled:

'Bi-lingual classes are not proscribed. They may be provided in any manner which does not create, maintain or foster segregation.

'There is no prohibition of courses teaching the cultural background and heritages of various racial and ethnic groups. While such courses may have particular appeal to memb~rs of the particular racial or ethnic group whose background and heritage is being studied, it would seem to be highly desirable that this...

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8 cases
  • Bradley v. School Board of City of Richmond, Virginia
    • United States
    • U.S. District Court — Eastern District of Virginia
    • January 10, 1972
    ...12 L.Ed.2d 632 (1964); Bradley v. Milliken, supra. 15 From opinion denying stay in Lee v. Johnson, et al., Supreme Court of the United States, 1971, 404 U.S. 1215, 92 S.Ct. 14, 30 L.Ed.2d 19 (1971). 16 The judgment of this Court in the Emporia case was reversed by the U.S. Court of Appeals ......
  • Morgan v. Kerrigan
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • June 3, 1975
    ...by courts of appeals. Keyes, supra, 396 U.S. at 1216, 90 S.Ct. 12 (Brennan, J., in chambers); Guey Heung Lee v. Johnson, 404 U.S. 1215, 92 S.Ct. 14, 30 L.Ed.2d 19 (1971) (Douglas, J., in chambers); Jefferson Parish School Board v. Dandridge, 404 U.S. 1219, 93 S.Ct. 306, 34 L.Ed.2d 240 (1971......
  • Lau v. Nichols
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 18, 1973
    ...v. School District, 339 F.Supp. 1315 (N. D.Cal.1971), application for stay pending appeal denied sub nom. Guey Heung Lee v. Johnson, 404 U.S. 1215, 92 S.Ct. 14, 30 L.Ed.2d 19 (1971);7 Spencer v. Kugler, 326 F.Supp. 1235, 1239, 1241-1242 (D.N.J.1971), aff'd mem., 404 U.S. 1027, 92 S.Ct. 707,......
  • Oliver v. Michigan State Bd. of Ed.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 9, 1974
    ...v. San Francisco Unified School District, 339 F.Supp. 1315, 1318 (N.D.Cal. 1971), app. for stay denied, Guey Heung Lee v. Johnson, 404 U.S. 1215, 92 S.Ct. 14, 30 L.Ed.2d 19 (1971). Findings of Fact We turn to Appellants' objections to the District Court's factual findings. Our function on r......
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