GRIFFIN ET AL.
v.
COUNTY SCHOOL BOARD OF PRINCE EDWARD COUNTY ET AL.
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The Court granted certiorari to address the merits of the case, bypassing further Court of Appeals action due to significant delay and the importance of the issues.
Following Brown v. Board, Prince Edward County schools remained segregated due to the Board of Supervisors' refusal to fund integrated schools. White …
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Per Curiam.
This ease is one of the school segregation cases which we dealt with nearly a decade ago in Brown v. Board of Education, 347 U. S. 483, 349 U. S.
294. After remand, numerous opinions were written by the District Court and the Court of Appeals* but the mandate issued at the time of the Brown case has never been implemented. In 1956 the Board of Supervisors decided not to levy taxes or appropriate funds for integrated public schools; and white children have attended white-only schools operated by the Prince Edward School Foundation, which has received state support. The District Court enjoined allowance of such support (198 F. Supp. 497) and held that the public schools could not remain closed while public schools in other counties stayed open. 207 F. Supp.
349. Thereafter litigation was instituted in the Virginia courts which resulted, in a ruling by the Virginia Supreme Court of Appeals that the Virginia Constitution compels neither the State nor the county to reopen the public schools in Prince Edward County or to furnish funds for that purpose. 204 Va. 650, 133 S. E. 2d 565. The Court of Appeals, prior to that decision, vacated the judgment of the District Court with instructions to abstain from further proceedings until the Virginia state decision became final (322 F. 2d 332) — a judgment which was stayed by Mr. Justice Brennan on September 30,1963, “pending the timely filing and disposition of a petition for a writ of certiorari.” The case is here on a petition for cer-tiorari which raises not only the propriety of the judgment of the Court of Appeals insofar as it directed the District Court to abstain until the Virginia courts had acted, but other issues going to the merits.
In view of the long delay in the case since our decision in the Brown case and the importance of the questions presented, we grant certiorari and put the case down for argument March 30, 1964, on the merits, as we have done in other comparable situations without waiting for final action by the Court of Appeals. See 28 U. S. C. § 1254 (1); Youngstown Co. v. Sawyer, 343 U. S. 579, 584; Wilson v. Girard, 354 U. S. 524, 526.
*
See 249 F. 2d 462, reversing 149 F. Supp. 431; 266 F. 2d 507, reversing 164 F. Supp. 786.
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Griffin v. Cnty. Sch. Bd. of Prince Edward Cnty., 377 U.S. 218 (U.S. 1964)…Brown case and the importance of the questions presented, we grant certiorari and put the case down for argument March 30,1964, on the merits, as we have done in other comparable situations without waiting for final action by the Court of Appeals.” 375 U. S. 391, 392. For reasons to be stated, we agree with the District Court that, under the circumstances here, closing the Prince Edward County schools while public schools in all the other counties of Virginia were being maintained denied the petitioners an…
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United States & Linda Stout v. Jefferson Cnty. Bd. OF Educ., 372 F.2d 836 (5th Cir. 1966)…atement of the district court in which “integrated” was used as we use it here. For ten years after Brown the Court refrained from using the terms “integration” or “integrated”. Then in 1964 in Griffin v. County School Board of Prince Edward County, 375 U.S. 391, 84 S.Ct. 400, 11 L.Ed.2d 409, the Court noted that “the Board of Supervisors decided not to levy taxes or appropriate funds for integrated public schools”, i. e. schools schools under a desegregtaion order. There is not one Supreme Court decision w…
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Stell v. Savannah-Chatham Cnty. Bd. OF Educ., 333 F.2d 55 (5th Cir. 1964)…the considerations discussed in Watson v. City of Memphis, 373 U.S. 526, 529, 83 S.Ct. 1314, 1316, 10 L.Ed.2d 529; Goss v. Board of Education, 373 U.S. 683, 83 S.Ct. 1405, 10 L.Ed.2d 632, and Griffin v. County School Board of Prince Edward County, [375 U.S. 391] 84 S.Ct. 400 [11 L.Ed.2d 409], decided subsequent to the District Court’s approval of the plan. In Goss, supra, 373 U.S. at 689, 83 S.Ct. at 1409, we said: “‘[W]e are not unmindful of the deeprooted problems involved. Indeed, it was consideration…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. Bd. of Educ. of Topeka, 347 U.S. 483 (U.S. 1954)
- Brown v. Bd. of Educ. of Topeka, 349 U.S. 294 (U.S. 1955)
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (U.S. 1952)
- Wilson v. Girard, 354 U.S. 524 (U.S. 1957)
- Allen v. Cnty. Sch. Bd. OF Prince Edward Cnty., 249 F.2d 462 (4th Cir. 1957)
- Cocheyse J. Griffin v. Bd. OF Supervisors OF Prince Edward Cnty. & J. W. Wilson, Jr., 322 F.2d 332 (4th Cir. 1963)
- Ulysses Allen v. Cnty. Sch. Bd. OF Prince Edward Cnty., 266 F.2d 507 (4th Cir. 1959)