Board of Education of Oklahoma City v. Dowell

Last updated

Board of Education of Oklahoma City v. Dowell
Seal of the United States Supreme Court.svg
Argued October 2, 1990
Decided January 15, 1991
Full case nameBoard of Education of Oklahoma City Public Schools, Independent School District No. 80, Oklahoma County, Oklahoma v. Robert L. Dowell, et al.
Citations498 U.S. 237 ( more )
111 S. Ct. 630; 112 L. Ed. 2d 715; 1991 U.S. LEXIS 484
Case history
Prior Cert. to the United States Court of Appeals for the Tenth Circuit
Holding
The Court of Appeals' test for dissolving a desegregation decree is more stringent than is required either by this Court's decisions dealing with injunctions or by the Equal Protection Clause of the Fourteenth Amendment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White  · Thurgood Marshall
Harry Blackmun  · John P. Stevens
Sandra Day O'Connor  · Antonin Scalia
Anthony Kennedy  · David Souter
Case opinions
MajorityRehnquist, joined by White, O'Connor, Scalia, Kennedy
DissentMarshall, joined by Blackmun, Stevens
Souter took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. XIV

Board of Education of Oklahoma City v. Dowell, 498 U.S. 237 (1991), was a United States Supreme Court case "hasten[ing] the end of federal court desegregation orders." [1]

Contents

Facts

In 1961 black students and their parents sued the Board of Education of Oklahoma City to end the de jure dual school system. In 1963 the District Court found that Oklahoma was operating a dual school system intentionally. In 1965 the District Court found that residential segregation was the reason that neighborhood zoning had not remedied the past segregation.

In 1972 the Court ordered the Board to follow the "Finger Plan" that would bus black children to all white schools in grades, and bus white children to all black schools.

In 1977 the Board filed a "Motion to Close Case" which was granted after the Court found that "substantial compliance with the constitutional requirements had been achieved":

"The School Board, under the oversight of the Court, has operated the Plan properly, and the Court does not foresee that the termination of its jurisdiction will result in the dismantlement of the Plan or any affirmative action by the defendant to undermine the unitary system so slowly and painfully accomplished"

After demographic changes in 1984 and improved residential integration black students were bussed to more distant schools. The board adopted a Student Reassignment Plan (SRP) to reduce travel times. In 1985 a "Motion to Reopen the Case" was filed by respondents alleging that the return to neighborhood zoning was a return to segregation. The District Court would not reopen the case because the 1977 finding of unitariness was res judicata and there was no mandate for additional desegregation by court order.

The Court of Appeals for the Tenth Circuit reversed. On remand, the District Court found that demographic changes, private decision making and economic factors were too attenuated from the system of de jure segregation.

The Court of Appeals reversed again. Despite the District Court's finding of unitariness made in 1977, the Appeals Court held that "an injunction takes on a life of its own" and the injunctive remedy would remain in effect permanently or indefinitely under United States v. Swift & Co. unless a showing of a "grievous wrong evoked by new and unforeseen conditions" was made.

The Supreme Court reversed the Court of Appeals.

Supreme Court decision

The Supreme Court said the 1977 order did not make dissolution of the injunction res judicata:

the 1977 order did not dissolve the desegregation decree, and the District Court's unitarianess finding was too ambiguous to bar respondents from challenging later action by Board

The Supreme Court agreed with the Court of Appeals that the injunction was not dissolved by the 1977 order because the District Court did not explain what it meant by unitary. The Court did not uphold their reasoning relying on Swift. Federal supervision of school boards was intended to remedy past discrimination. A finding of compliance with that constitutional requirement would be enough to allow the injunction to be dissolved.

The Supreme Court did not dissolve the injunction or reinstate the District Court decision dissolving the injunction. They remanded the case for the District Court to decide if the Board made a sufficient showing that they were compliant with the decree in 1985 when the SRP was adopted, including good faith compliance with the decree and elimination of the "vestiges of past discrimination" based on the Green factors.

See also

Related Research Articles

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court ruling that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal". The Court's unanimous decision in Brown, and its related cases, paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.

Milliken v. Bradley, 418 U.S. 717 (1974), was a significant United States Supreme Court case dealing with the planned desegregation busing of public school students across district lines among 53 school districts in metropolitan Detroit. It concerned the plans to integrate public schools in the United States following the Brown v. Board of Education (1954) decision.

Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971), was a landmark United States Supreme Court case dealing with the busing of students to promote integration in public schools. The Court held that busing was an appropriate remedy for the problem of racial imbalance in schools, even when the imbalance resulted from the selection of students based on geographic proximity to the school rather than from deliberate assignment based on race. This was done to ensure the schools would be "properly" integrated and that all students would receive equal educational opportunities regardless of their race.

<span class="mw-page-title-main">Desegregation busing</span> Failed attempt to racially diversify American public schools

Desegregation busing was a failed attempt to diversify the racial make-up of schools in the United States by sending students to school districts other than their own. While the 1954 U.S. Supreme Court landmark decision in Brown v. Board of Education declared racial segregation in public schools unconstitutional, many American schools continued to remain largely racially homogeneous. In an effort to address the ongoing de facto segregation in schools, the 1971 Supreme Court decision, Swann v. Charlotte-Mecklenburg Board of Education, ruled that the federal courts could use busing as a further integration tool to achieve racial balance.

<i>Gebhart v. Belton</i> United States Supreme Court case

Gebhart v. Belton, 33 Del. Ch. 144, 87 A.2d 862, aff'd, 91 A.2d 137, was a case decided by the Delaware Court of Chancery in 1952 and affirmed by the Delaware Supreme Court in the same year. Gebhart was one of the five cases combined into Brown v. Board of Education, the 1954 decision of the United States Supreme Court which found unconstitutional racial segregation in United States public schools.

McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950), was a United States Supreme Court case that prohibited racial segregation in state supported graduate or professional education. The unanimous decision was delivered on the same day as another case involving similar issues, Sweatt v. Painter.

<span class="mw-page-title-main">NAACP Legal Defense and Educational Fund</span> Organization in New York, United States

The NAACP Legal Defense and Educational Fund, Inc. is an American civil rights organization and law firm based in New York City.

Massive resistance was a strategy declared by U.S. senator Harry F. Byrd Sr. of Virginia and his son Harry Jr.'s brother-in-law, James M. Thomson, who represented Alexandria in the Virginia General Assembly, to get the state's white politicians to pass laws and policies to prevent public school desegregation, particularly after Brown v. Board of Education.

Missouri v. Jenkins, 515 U.S. 70 (1995), is a case decided by the United States Supreme Court. On June 12, 1995 the Court, in a 5–4 decision, reversed a district court ruling that required the state of Missouri to correct intentional racial discrimination in Kansas City schools by funding salary increases and remedial education programs.

<span class="mw-page-title-main">Robert M. Bell</span> American judge (born 1943)

Robert Mack Bell is an American lawyer and jurist from Baltimore, Maryland. From 1996 to 2013, he served as Chief Judge on the Maryland Court of Appeals, now known as the Supreme Court of Maryland, the state's highest appellate court. He was the first African American to hold the position.

Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007), also known as the PICS case, is a United States Supreme Court case which found it unconstitutional for a school district to use race as a factor in assigning students to schools in order to bring its racial composition in line with the composition of the district as a whole, unless it was remedying a prior history of de jure segregation. Chief Justice Roberts wrote in his plurality opinion that "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

<span class="mw-page-title-main">Scott Matheson Jr.</span> American judge (born 1953)

Scott Milne Matheson Jr. is a United States circuit judge of the United States Court of Appeals for the Tenth Circuit. He has served on that court since 2010.

Green v. County School Board of New Kent County, 391 U.S. 430 (1968), was an important United States Supreme Court case involving school desegregation. Specifically, the Court dealt with the freedom of choice plans created to avoid compliance with the Supreme Court's mandate in Brown II in 1955. The Court held unanimously that New Kent County's freedom of choice plan did not adequately comply with the school board's responsibility to determine a system of admission to public schools on a non-racial basis. The Supreme Court mandated that the school board must formulate new plans and steps towards realistically converting to a desegregated system. Green v. County School Board of New Kent County was a follow-up of Brown v. Board of Education.

Monroe Gunn McKay was a United States circuit judge of the United States Court of Appeals for the Tenth Circuit.

NAACP v. Button, 371 U.S. 415 (1963), is a ruling by the Supreme Court of the United States which held that the reservation of jurisdiction by a federal district court did not bar the U.S. Supreme Court from reviewing a state court's ruling, and also overturned certain laws enacted by the state of Virginia in 1956 as part of the Stanley Plan and massive resistance, as violating the First and Fourteenth Amendments to the United States Constitution. The statutes struck down by the Supreme Court had expanded the definitions of the traditional common law crimes of champerty and maintenance, as well as barratry, and had been targeted at the NAACP and its civil rights litigation.

Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979), is a United States Supreme Court decision on the free speech rights of public employees. The Court held unanimously in favor of a schoolteacher fired for her critical remarks in conversations with her principal. Justice William Rehnquist wrote the opinion, with a short concurrence by John Paul Stevens.

Hobson v. Hansen, 269 F. Supp. 401, was a federal court case filed by civil rights activist Julius W. Hobson against Superintendent Carl F. Hansen and the District of Columbia's Board of Education on the charge that the current educational system deprived Black people and the poor of their right to equal educational opportunities relative to their white and affluent counterparts, on account of race and socioeconomic status. Having established de jure segregation unconstitutional in Bolling v. Sharpe (1954), the federal court addressed questions of de facto segregation in D.C. schools, seen in the trends that survived legal desegregation, in Hobson v. Hansen. Judge J. Skelly Wright's decision, in favor of the plaintiffs, sought to remedy the re-segregation or de facto segregation enforced by the educational policies, including tracking and optional-transfer zones, adopted by the Board of Education in an attempt to accommodate the consequences of the shift to integrated schools in the aftermath of Bolling, and within the wider context of emerging racially and socioeconomically rigid residential patterns.

<span class="mw-page-title-main">2016 term per curiam opinions of the Supreme Court of the United States</span>

The Supreme Court of the United States handed down nine per curiam opinions during its 2016 term, which began October 3, 2016 and concluded October 1, 2017.

<span class="mw-page-title-main">Graymont School</span> Elementary school in the United States

Graymont Elementary School was first opened in 1908 as a part of the then independent town of Graymont, in Jefferson County, Alabama. It taught elementary students from the local community for 81 years. Graymont Elementary was the first school in the Birmingham system to be integrated.

References

  1. Chemerinsky, Erwin (2005). Constitutional Law. New York: Aspen Publishers. p. 703.