Alexander v. Holmes County Board of Education, 632

Decision Date29 October 1969
Docket NumberNo. 632,632
Citation396 U.S. 19,90 S.Ct. 29,24 L.Ed.2d 19
PartiesBeatrice ALEXANDER et al., Petitioners, v. HOLMES COUNTY BOARD OF EDUCATION et al
CourtU.S. Supreme Court

Jack Greenberg, New York City, for petitioners.

Louis F. Oberdorfer, Washington, D.C., for Lawyers' Committee for Civil Rights Under Law, as amicus curiae.

Jeris Leonard, Washington, D.C., A. F. Summer and John C. Satterfield, Jackson, Miss., for respondents.

PER CURIAM.

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. County School Board, 377 U.S. 218, 234, 84 S.Ct. 1226, 1235, 12 L.Ed.2d 256 (1964); Green v. County School Board of New Kent County, 391 U.S. 430, 438—439, 442, 88 S.Ct. 1689, 1694—1695, 1696, 20 L.Ed.2d 716 (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 school districts here involved may no longer operate a dual school system based on race or color, and directing that they begin immediately to operate as unitary school systems within which no person is to be effectively excluded from any school because of race or color.

2. The Court of Appeals may in its discretion direct the schools here involved to accept all or any part of the August 11, 1969, recommendations of the Department of Health, Education, and Welfare, with any modifications which that court deems proper insofar as those recommendations insure a totally unitary school system for all eligible pupils without regard to race or color.

The Court of...

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280 cases
  • Spangler v. Pasadena City Board of Education
    • United States
    • U.S. District Court — Central District of California
    • March 12, 1970
    ...opportunity is of "paramount importance," and delays in vindicating that right are intolerable. Alexander v. Holmes County Board of Education, 396 U.S. 19, 20, 90 S.Ct. 29, 24 L.Ed. 2d 19 (1969); Carter v. West Feliciana Parish School Board, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 (Janua......
  • Crawford v. Board of Education
    • United States
    • California Supreme Court
    • June 28, 1976
    ...U.S. at p. 13, 91 S.Ct. 1267) and has indicated that this obligation must be complied with 'at once.' (Alexander v. Board of Education (1969) 396 U.S. 19, 20, 90 S.Ct. 29, 24 L.Ed.2d 19; Carter v. West Feliciana School Bd. (1969) 396 U.S. 290, 291, 90 S.Ct. 608, 24 L.Ed.2d 477.) These prono......
  • San Francisco Unified School Dist. v. Johnson
    • United States
    • California Supreme Court
    • January 26, 1971
    ...States Supreme Court has directed that segregation in public schools must terminate 'at once.' (Alexander v. Holmes Board of Education (1969) 396 U.S. 19, 20, 90 S.Ct. 29, 24 L.Ed.2d 19.) Since section 1009.5, under one interpretation, may delay desegregation, prompt judicial action is esse......
  • Keyes v. School Dist. No. 1, Denver, Colo., Nos. 74-1349
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • September 16, 1975
    ...See, e. g., Swann v. Charlotte-Mecklenburg Board of Educ., 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554; Alexander v. Holmes County Board of Educ., 396 U.S. 19, 90 S.Ct. 29, 24 L.Ed.2d 19. In Keyes however, the Court confronted a different variety of intentional, system-wide segregation, to be......
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9 books & journal articles
  • Termination of Desegregation Decrees and the Elusive Meaning of Unitary Status
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 81, 2021
    • Invalid date
    ...City Bd. of Educ. v. Spangler, 427 U.S. 424, 434-35 (1976). 273. Swann, 402 U.S. at 30-31. 274. Alexander v. Holmes County Bd. of Educ., 396 U.S. 19, 20 (1969) (per curiam). 275. Swann, 402 U.S. at 31. 276. See id. at 26. 277. See id. at 28. 278. See id. at 21. 279. See id. at 25; Pasadena ......
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    • United States
    • Washington University Law Review Vol. 99 No. 5, June 2022
    • June 1, 2022
    ...Id. at 807 & n. 112. (429.) See id. at 805-07; Davidson, supra note 384. (430.) See, e.g., Alexander v. Holmes Cnty. Bd. of Educ., 396 U.S. 19, 20 (1969) (per curiam) (ordering school districts "to terminate dual school systems at once and to operate now and hereafter only unitary (431.......
  • The Road to Bush v. Gore:1 the History of the Supreme Court's Use of the Per Curiam Opinion
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    • University of Nebraska - Lincoln Nebraska Law Review No. 79, 2021
    • Invalid date
    ...v. Meyers, 466 U.S. 380, 382 (1984)(noting that "[t]he District Court of Appeal either misunderstood or ignored our prior rulings"). 181. 396 U.S. 19 (1969). 182. Id*. at 20. 183. See id*. 184. See id.* at 20-21. 185. 358 U.S. 1 (1958). v.* United States*, 186 the constitutionality of the d......
  • Case Comment: Desegregating a Demographically Changing School District - Pasadena City Board of Education v. Spangler
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    • Seattle University School of Law Seattle University Law Review No. 1-01, September 1977
    • Invalid date
    ...in the sense required by our decisions in Green [v. County School Bd., 391 U.S. 430 (1968)) and Alexander [v. Holmes County Bd. of Educ, 396 U.S. 19 (1969)]. It does not follow that the communities served by such systems will remain demogTaphically stable, for in a growing, mobile society, ......
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