The Burger Court Opinion Writing Database

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SUPREME COURT OF THE UNITED STATES,OCTOBER TERM 1969. CARTER ET AL v WEST FELICIANA PARISH,SCHOOL BOARD ET AL and. SINGLETON ET AL v JACKSON MUNICIPAL,SEPARATE SCHOOL DISTRICT ET AL. ON PETITIONS FOR WRITS OF CERTIORARI TO THE UNITED. STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT,Nos 944 and 972 Decided January 1970 7. PER CURIAM,Insofar as the Court of Appeals authorized.
deferral of the implementation of plans for unitary. schools beyond February 1 1970 that court miscon,strued our holding in Alexander v Holmes County. Board of Education 396 U S 19 4 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 proceed. ings in accordance with our opinion in Alexander V. Holmes County Board of Education supra The judgments. in these cases are to issue forthwith,Attpunte Qlourt of tilt gtiter Atsks. Tirasiliugtott p 21V14,CHAMBERS OF,THE CHIEF JUSTICE. MEMORANDUM FOR THE CONFERENCE,Re Carter v West Feliciana Parish School Board.
I have Justice Black s December 11 memo on the,above case. It may be that we will not complete all our business. tomorrow and will continue over on Monday,This case appears to warrant prompt consideration. but I assume we are in no position to act on the petition for. certiorari until we have a response, I will place the petition on the Friday Conference List. cc The Clerk, Memorandum of the Chief Justice and Mr Justice Stewart. We would not peremptorily reverse the judgments of. the Court of Appeals for the 5th Circuit That court sitting en. banc and acting unanimously after our decision in Alexander v. Holmes County Bd of Educ 396 U S 19 has required the. respondents to effect desegregation in their public schools by. February 1 1970 save for the student bodies which are to be. wholy desegregated during the current year no later than September. In light of the measures the Court of Appeals has directed the. respondent school districts to undertake with total desegregation. required for the upcoming school year we are not prepared summarily. to set aside its judgments That court is far more familiar than we. with the various situations of these several school districts some. large some small some rural and some metropolitan and has. exhibited responsibility and fidelity to the objectives of our holdings. in school desegregation cases To say peremptorily that the Court of. Appeals erred in its application of the Alexander doctrine to these. cases and direct summary reversal without argument and without. opportunity for exploration of the varying problems of individual. school districts seems unsound to us,xcmr QTraut of Ulf Atitet pitats.
Waif fringtint 4 zog4g,alan l e tt ih FC Order,t W i tt T Ut. y 77 77 777 7 71 777 7 1419 71 ti 7,uprrint Court of tilt i tatto. Vaoltington p 203,CHAMBERS OF,JUSTICE HUGO L BLACK. December 11 1969,MEMORANDUM FOR THE CONFERENCE,Re Robert Carter et al v West Feliciana Parish. School Board et al, There has been presented to me an application for a temporary.
injunction together with a motion to the Court to grant certiorari. in another southern school case Louisiana along the lines of our. recent Mississippi case This is the day before conference to. morrow which will likely be the last one until after New Year s. For this reason I am distributing the papers to the whole. Court so that we may consider it at conference tomorrow. Otwrtott Court of thr raitg b states,Pasfrington P Q 2a1i4. December 13 1969,MEMORANDUM TO THE CONFERENCE,Re Applications in Southern School Cases. There are presently pending before me three applications. similar to the one in Carter et al v West Feliciana Parish. School Board et al No 944 OT 1969 and the Clerk informs. me that more such applications will be coming soon It is my. present inclination to issue the attached order in these cases as. the Circuit Justice I do not however want to take any action. inconsistent with the views of other members of the Conference. and will change my plans to accomodate suggestions for changes. in the order or procedure,4 Applicants are,41 December 13 1969. Re Robert Carter et al v West Felicia,Parish School Board et al. Dear Potter,I though you might like to see what I intend to.
Bile should the order circulated last evening or anything close. to it be approved by the Conference At this juncture I am. sending this only to you,Mr Justice Stewart,Re Robert Carter et al v West Feliciana. Parish School Board et al,Memorandum of Mr Justice Harlan I cannot. possibly subscribe to today s order which seems to me to offend. the very rudiments of orderly judicial process The order. purports to grant only interim relief but in fact it decides the. merits of the case and it does this without even awaiting a re. sponse to the petition for certiorari This goes far beyond. anything that the petitioners have requested,I would enter an order 1 requiring respondents. to file their response to the petition for certiorari on or before. Dec 22 1969 and 2 directing the going forward of the prepa. ration of plans consistent with our decision in Alexander. v Holmes County School Board U S looking, toward the complete disestablishment of the existing segregated. school systems on or before February 1 1970 in the event. that petitioners prevail upon the issues tendered in their petition. for certiorari Consideration of petitioners papers satisfies. me that petitioners are under settled principles governing. applications for emergency relief entitled to such an order. Magnum Import Co v Coty 262 U S 159,Supreme Court of the United States.
Memorandum,AAA N 1 21970,Dear Chief,Here is my trv I have. not circulated it but will,have xeroxed copies ready. ibution to the,erence if that seems,dim oaks qe9ocs bnie. tdott Y1 cj vs 0 t J F n,ay r 0 nicx k r,Supreme Court of the United States. Memorandum,JanuaTy 12 19 111,Dear Chief,The piece which I put together.
yesterday for a possible disposition of,the Louisiana school cases is being typed. this morning I plan to go over it during,the luncheon recess and to have it ready. for you by the 2 30 adjournment hour if,not during our afternoon sitting. The Chief Justice,To The Chief jal c,Mr Justice Blact. Justice Dc uglad,r Justice Brennan,Mr Justice Stewart.
Mr Juat i e,Mr JI 17 ice 7,Mr ju 11 111,SUPREME COURT OF THE UNITED STATE6rom. October Term 1969 Circulate,CARTER ET AL v WEST FELICIANA PARISH. Recirculated,SCHOOL BOARD ET AL and,SINGLETON ET AL v JACKSON MUNICIPAL. SEPARATE SCHOOL DISTRICT ET AL, ON PETITIONS FOR WRITS OF CERTIORARI TO THE UNITED. STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT,Nos 944 and 972 Decided January 1970.
MR JUSTICE HARLAN concurring, 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 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 more. guidance to litigants in future cases of this kind I con. sider 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 my 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,Proposed per curiam in Louisiana school cases. 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 constitutional. rights to defendant school boards What this means, is that upon a prima facie showing of noncompliance.
with this Court s holding in Green v New Kent County. School Board 391 U S 430 1968 sufficient to demon, strate a likelihood of success at trial plaintiffs may apply. for immediate relief that will at once extirpate any linger. o Tne Chief Jutltice,3 Mr Justice Black,Mr Justice Douglas. Mr Justice Brennan,Mr jurtie Stewart,SUPREME COURT OF THE UNITED STATES. October Term 1969 FrO 394,CARTER ET AL v WEST FELICIANA PANiated. SCHOOL BOARD ET AL and,SINGLETON ET AL v JACKSON MUNICIPA rculat e.
SEPARATE SCHOOL DISTRICT ET AL, ON PETITIONS FOR WRITS OF CERTIORARI TO THE UNITED. STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT,Nos 944 and 972 Decided January 1970. MR JUSTICE HARLAN concurring fA, 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 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 con. sider that something more is due to be said respecting. the intended effect of the Alexander decision Since the 0. Court has not seen fit to do so I am constrained to set. forth at least my 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 constitutional. rights to defendant school boards What this means, is that upon a prima facie showing of noncompliance. with this Court s holding in Green v New Kent County. School Board 391 U S 430 1968 sufficient to demon, strate a likelihood of success at trial plaintiffs may apply. for immediate relief that will at once extirpate any linger. The Burger Court Opinion Writing Database Carter v West Feliciana Parish School Board 396 U S 226 1969 Paul J Wahlbeck George Washington University James F Spriggs II Washington University Forrest Maltzman George Washington University SUPREME COURT OF THE UNITED STATES OCTOBER TERM 1969 CARTER ET AL v WEST FELICIANA PARISH SCHOOL BOARD ET AL and SINGLETON ET AL v JACKSON

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