Carter v. West Feliciana Parish School Board Singleton v. Jackson Municipal Separate School District, 944
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM; HARLAN; Mr. Justice BLACK, Mr. Justice DOUGLAS |
| Citation | 24 L.Ed.2d 477,90 S.Ct. 608,396 U.S. 290 |
| Parties | Robert CARTER et al. v. WEST FELICIANA PARISH SCHOOL BOARD et al. Derek Jerome SINGLETON et al. v. JACKSON MUNICIPAL SEPARATE SCHOOL DISTRICT et al |
| Docket Number | No. 944,No. 972,944,972 |
| Decision Date | 14 January 1970 |
v.
WEST FELICIANA PARISH SCHOOL BOARD et al.
JACKSON MUNICIPAL SEPARATE SCHOOL DISTRICT et al.
Supreme Court of the United States
See 396 U.S. 1053, 90 S.Ct. 705.
On Petitions for writs of Certiorari to the United States Court of Appeals for the Fifth Circuit.
Richard B. Sobol, Murphy W. Bell, Robert F. Collins, Norman C. Amaker, and Melvyn Zarr, for petitioners Robert Carter and others.
Jack Greenberg, James M. Nabrit III, Norman C. Amaker, Melvyn Zarr, Oscar W. Adams, Jr., John H. Ruffin, Jr., and Earl M. Johnson, for petitioners Derek Jerome Singleton and others.
John F. Ward, Jr., for respondents West Feliciana Parish School Board and others.
Robert C. Cannada and Thomas H. Watkins, for respondents Jackson Municipal Separate School District and others.
Hardy Lott, for respondent Marshall County Board of Education.
Reid B. Barnes, for respondent Jefferson County Board of Education.
Edwin L. Brobston, for respondents Board of Education of City of Bessemer and others.
Palmer Pillans and George F. Wood, for respondents Board of School Commissioners of Mobile County and others.
Frank C. Jones and Wallace Miller, Jr., for respondents Bibb County board of Education and others.
H. A. Aultman, for respondent Houston County Board of Education.
W. Fred Turner, for respondent Board of Public Instruction of Bay County.
Sam T. Dell, Jr., for respondents Board of Public Instruction of Alachua County and others.
Solicitor General Griswold, for the United States, amicus curiae.
Page 291
John F. Ward, Jr., for Louisiana Teachers Ass'n, amicus curiae.
Rivers Buford, Jr., and Gerald Mager, for State Board of Education of Florida, amicus curiae.
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, 396 U.S. 19, 90 S.Ct. 29. 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.
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 School Board, 396 U.S. 19, 90 S.Ct. 29, and accordingly that the judgments below cannot stand. However, in fairness to the Court of Appeals 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 may 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...
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Spangler v. Pasadena City Board of Education, Civ. No. 68-1438-R.
...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 (January 20, 1970). 21. School officials are obliged under the Fourteenth Amendment to attempt to make an equita......
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Gates v. Collier, No. 79-1844
...729 (5th Cir. 1965) (Singleton I); 355 F.2d 865 (5th Cir. 1966) (Singleton II); 419 F.2d 1211 (5th Cir.) (en banc) (Singleton III) rev'd, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477, cert. denied, 396 U.S. 1032, 90 S.Ct. 612, 24 L.Ed.2d 530 (1970); 426 F.2d 1364 (5th Cir. 1970) (Singleton IV......
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Thomas v. BD. OF TRUSTEES, ETC., Civ. A. No. G-78-31.
...Mun. Sep. Sch. Dist., 419 F.2d 1212 (5th Cir. 1969) reversed on other grounds and remanded sub nom. Carter v. West Feliciana Sch. Board, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 (1970), on remand, 425 F.2d 1211 (5th Cir. 1970), and Johnson v. San Jacinto Junior College, supra, depriving h......
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Crawford v. Board of Education
...'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 pronouncements, however, 'were directed toward recalcitrant school boards that had stubbornly se......
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Spangler v. Pasadena City Board of Education, Civ. No. 68-1438-R.
...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 (January 20, 1970). 21. School officials are obliged under the Fourteenth Amendment to attempt to make an equita......
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Gates v. Collier, 79-1844
...729 (5th Cir. 1965) (Singleton I); 355 F.2d 865 (5th Cir. 1966) (Singleton II); 419 F.2d 1211 (5th Cir.) (en banc) (Singleton III) rev'd, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477, cert. denied, 396 U.S. 1032, 90 S.Ct. 612, 24 L.Ed.2d 530 (1970); 426 F.2d 1364 (5th Cir. 1970) (Singleton IV......
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Crawford v. Board of Education
...'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 pronouncements, however, 'were directed toward recalcitrant school boards that had stubbornly se......
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Bradley v. School Board of City of Richmond, Virginia, Civ. A. No. 3353.
...Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1970), rev'd. in part sub nom. Carter v. West Feliciana Parish School Board, 396 U.S. 290, 90 S.Ct. 608, 24 L.Ed.2d 477 In the Richmond metropolitan area, assignment under the current school division arrangement creates a "built-in......