North Carolina State Board of Education v. Swann

United States Supreme Court

402 U.S. 43

North Carolina State Board of Education et al.  v.  Swann et al.

Appeal from the United States District Court for the Western District of North Carolina

No. 498.  Argued: October 13, 1970 --- Decided: April 20, 1971

North Carolina's Anti-Busing Law, which flatly forbids assignment of any student on account of race or for the purpose of creating a racial balance or ratio in the schools and which prohibits busing for such purposes, held invalid as preventing implementation of desegregation plans required by the Fourteenth Amendment. Pp. 45-46.

312 F. Supp. 503, affirmed.

BURGER, C.J., delivered the opinion for a unanimous Court.

Andrew A. Vanore, Jr., Assistant Attorney General of North Carolina, argued the cause for appellants. With him on the brief were Robert B. Morgan, Attorney General, and Ralph Moody, Deputy Attorney General.

James M. Nabrit III argued the cause for appellees. With him on the brief were Jack Greenberg, Norman J. Chachkin, J. LeVonne Chambers, C.O. Pearson, and Anthony G. Amsterdam.

Solicitor General Griswold and Assistant Attorney General Leonard filed a brief for the United States as amicus curiae.

Notes