MOORE ET AL.
v.
CHARLOTTE-MECKLENBURG BOARD OF EDUCATION ET AL.

U.S. | 1971-04-20
No. 444
402 U.S. 47 Supreme Court of the United States (1971) Positive Treatment
Also reported at: 91 S. Ct. 1292 · 28 L. Ed. 2d 590 · 1971 U.S. LEXIS 56 · SCDB 1970-086
Cited by 79 cases

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Synopsis

The Supreme Court dismissed an appeal challenging a North Carolina anti-busing statute because both parties to the litigation agreed that the statute was constitutional and sought the same outcome, creating no actual case or controversy as required by Article III of the Constitution. The Court also found that the case did not satisfy the jurisdictional requirements for a direct appeal from a three-judge district court under federal statute.

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Per_curiam
Per Curiam.

Per Curiam.

Appellants seek review of the decision of the United States District Court for the Western District of North Carolina declaring a portion of the North Carolina anti-busing statute unconstitutional, and enjoining its enforcement. It is a companion case to No. 498, North Carolina State Board of Education v. Swann, ante, p. 43. We postponed decision on the question of jurisdiction, 400 U. S. 803 (1970), and after hearing on the merits we now dismiss the appeal for lack of jurisdiction.

At the hearing both parties argued to the three-judge court that the anti-busing law was constitutional and urged that the order of the District Court adopting the Finger plan should be set aside. We are thus confronted with the anomaly that both litigants desire precisely the same result, namely a holding that the anti-busing statute is constitutional. There is, therefore, no case or controversy within the meaning of Art. Ill of the Constitution. Muskrat v. United States, 219 U. S. 346 (1911). Additionally, since neither party sought an injunction to restrain a state officer from enforcing a state statute alleged to be unconstitutional, 28 U. S. C. § 2281, this is not an appeal from “any civil action, suit or proceeding required ... to be heard ... by a district court of three judges,” 28 U. S. C. § 1253, and hence no direct appeal to this Court is available.

Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (22 total)

  • Columbus Bd. of Educ. v. Penick, 443 U.S. 449 (U.S. 1979)
    …s of the District Judge who, on at least three occasions, urged the board to submit plans.” Id., at 24. Four other cases came down the same day as Swann. One was dismissed for lack of jurisdiction, Moore v. Charlotte-Mecklenburg Board of Education, 402 U. S. 47 (1971); one upheld a declaration that a North Carolina antibusing law was unconstitutional, North Carolina State Board of Education v. Swann, 402 U. S. 43 (1971); and another remanded a remedy order for reconsideration in light of criteria laid down…
  • Wright v. Council of the City of Emporia, 407 U.S. 451 (U.S. 1972)
    …. 70-187, Cotton v. Scotland Neck City Board of Education. The companion cases were Davis v. Board of School Commissioners, 402 U. S. 33; McDaniel v. Barresi, 402 U. S. 39; Board of Education v. Swann, 402 U. S. 43; and Moore v. Board of Education, 402 U. S. 47. On the same day that it reversed the District Court orders in ’ this case and in the Scotland Neck cases, the Court of Appeals for the Fourth Circuit affirmed an order enjoining the creation of a new school district in another county of North Caro…
  • GTE Sylvania, Inc. v. Consumers Union of the United States, Inc., 445 U.S. 375 (U.S. 1980)
    …uoting Baker v. Carr, 369 U. S. 186, 204 (1962). See also Flast v. Cohen, supra, at 96-97. Accordingly, there is no Art. Ill case or controversy when the parties desire “precisely the same result,” Moore v. Charlotte-Mecklenburg Board of Education, 402 U. S. 47, 48 (1971) (per curiam). See also Muskrat v. United States, 219 U. S. 346, 361 (1911). The CPSC and the requesters do not want “precisely the same result” in this litigation. It is true that the federal defendants have expressed the view that the r…

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