Swann v. Charlotte-Mecklenburg Board of Education | |
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Argued October 12, 1970 Decided April 20, 1971 | |
Full case name | Swann et al. v. Charlotte-Mecklenburg Board of Education et al. |
Citations | 402 U.S. 1 ( more ) 91 S. Ct. 1267; 28 L. Ed. 2d 554; 1971 U.S. LEXIS 52 |
Case history | |
Subsequent | 431 F.2d 138 (4th Cir. 1970), affirmed as to those parts in which it affirmed the District Court's judgment. |
Holding | |
Busing students to promote integration is constitutional. | |
Court membership | |
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Case opinion | |
Majority | Burger, joined by unanimous |
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. [1] 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.
Judge John J. Parker of the U.S. Court of Appeals for the Fourth Circuit interpreted the Brown v. Board of Education case as a charge not to segregate rather than an order to integrate. In 1963, the Court ruled in McNeese v. Board of Education and Goss v. Board of Education in favor of integration, and showed impatience with efforts to end segregation[ citation needed ]. In 1968 the Warren Court ruled in Green v. County School Board that freedom of choice plans were insufficient to eliminate segregation; thus, it was necessary to take proactive steps to integrate schools. In United States v. Montgomery County Board of Education (1969), Judge Frank Johnson's desegregation order for teachers was upheld, allowing an approximate ratio of the races to be established by a district judge.
North Carolina was one of the more moderate Southern states, and its resistance to integration was much weaker than in most other areas of the South. After Brown, it had ended segregation with a school assignment plan based on neighborhoods that was approved by the Court. However, when Charlotte consolidated school districts from the city itself with a surrounding area totaling 550 square miles (1,400 km2), the majority of black students (who lived in central Charlotte) still attended mostly black schools as compared with majority white schools further outside the city.
The NAACP Legal Defense Fund brought the Swann case on behalf of six-year-old James Swann and nine other families, with Julius L. Chambers presenting the case. Swann was chosen because his father was a theology professor, and was thus unlikely to be economically burdened by local retaliation.
In 1965, Judge J. Braxton Craven decided Swann v. Charlotte-Mecklenburg Board of Education in favor of Charlotte-Mecklenburg, because there was no requirement in the Constitution to act purposely to increase racial mixing.
After the Green ruling, the Swann case was filed again, and this time taken by Judge James Bryan McMillan as his first important case on the federal bench. McMillan had at one point been a public opponent of busing to integrate schools, but when the case was presented to him he said that the facts outweighed his feelings, and busing was the only way to fulfill the constitutional requirement of desegregation.
Experts from Rhode Island College were brought in for the Plaintiff's side to judge the effectiveness of the school board's new plan. From April to November 1969, McMillan repeatedly ordered the board to revise the plan. The Board eventually submitted a plan rezoning neighborhoods into pie-shaped wedges, where blacks living in the center of Charlotte would be divided up and distributed to outlying, formerly white high schools. The school board's plan required busing and would achieve a black population of 2-36% in all ten of the high schools. Due to the greater number of elementary schools, elaborate gerrymandering was required and would achieve greater integration, but would leave more than half of black elementary students at majority-black schools.
The Court rejected the Board's plan in favor of outsider Dr. John Finger's plan. The Finger Plan required busing of an additional 300 black students, established "satellite zones" and required pairing and grouping techniques to achieve even greater integration. As a consequence, McMillan became a local pariah. [2] Chambers' home, office and car were bombed when he first took up the case. [3]
When the case was appealed to the U.S. Court of Appeals for the Fourth Circuit, the case was heard en banc by six of the seven judges sitting on the court. [4] The seventh judge Judge J. Braxton Craven, recused himself due to him being the original trial court judge. The opinion was 3-2-1 that the restructured busing orders should be affirmed for older students, but that it be remanded for those of elementary school age. Two dissenters would have affirmed the whole decision, while one would reverse McMillan's ruling in its entirety. McMillan decided to follow his original plan for elementary school students after the case was remanded to him.
Justice Douglas had previously been strongly opposed to busing. The Court was urged to begin their term early to hear the case, but decided to wait until the first day of their new term to begin.
Despite his relative youth and inexperience, Julius Chambers argued the case, because of his intimate knowledge of the facts involved. Erwin Griswold, the Solicitor General of the United States, represented the federal government, advocating Nixon's “go-slow” policy. Though no official vote was taken, Chief Justice Burger and Justice Black wanted to reverse McMillan's order, while Justices Douglas, Harlan, Brennan, and Marshall wanted a strong affirmation of the order; Justices Stewart, White, and Blackmun did not express a strong feeling either way. Douglas, Brennan, and Marshall were quite liberal, but Harlan was usually conservative. When Burger circulated his very grudging affirmation of McMillan that limited future action and action in other areas by the Court, he met strong resistance. Douglas, Harlan, Brennan, and Marshall all demanded revisions and circulated suggestions for alternate drafts. Justice Stewart also reacted strongly after carefully considering the facts of the case, and wrote a “dissent” that would have been the opinion of the court without revisions of Burger's drafts.
Burger revised the opinion five times, each time making a stronger affirmation of McMillan and incorporating the language of Harlan, Brennan, Stewart, and others into it. After the fifth draft, Justice Black threatened a dissent if the opinion was made any stronger an affirmation, and so a sixth and final draft was created that was close to what Justice Stewart had composed after the first conference. The final opinion was 9-0 affirming McMillan's order.
The decision led to the widespread use of busing to end segregation by federal judges in the South.
When the courts mandated that busing should occur to desegregate the schools, they also noted that one day when the school system was thought to be unitary, busing would end and the school board would be able to come up with a new plan which would best suit the education of students in Charlotte-Mecklenburg.
After busing was enforced in 1971, throughout the 1970s and the 1980s, Charlotte was known across the nation as the “city that made desegregation work.” It paved the way for many different school systems to use the busing plan to force integration in the school systems. [5]
However, due to the booming economy of the city in the late 1980s and early 1990s, Charlotte experienced a rapid immigration from the Northeast and the Midwest, which resulted in a decline of the acceptance of busing. In 1992, in response to these complaints, CMS created a managed choice plan to reduce the number of students being bused. This new choice plan revolved around magnet schools, making one-third of the schools in Charlotte-Mecklenburg either magnets or partial magnets, and each magnet had a quota of black and white students that were allowed to attend. But this didn't please many white families who were denied entrance into magnet schools that had fulfilled their quotas.
In 1997, a parent, William Capacchione, sued the school system when his daughter was denied entrance into a magnet school for the second time based on her race. [6] While the school system opposed the end of busing, Judge Robert D. Potter declared the mandate of a unitary system had been met and lifted the court order on mandatory busing by race or ethnicity. This ruling was upheld by the appeals court in Richmond, Virginia in 2000 and after the final appeal was declined to be heard by the U.S. Supreme Court, federal order of busing was ended in Charlotte-Mecklenburg and it was left in the hands of the city school board to decide how to redo the assignment policy for school attendance. [7]
The new assignment policy which was adopted in the fall of 2002 was known as the “School Choice Plan.” This new choice plan divided the city into four large attendance zones based on neighborhoods. Students were allowed to choose to stay at their neighborhood "home school," or they could rank their top three choices of any other school in CMS; however they would only receive free transportation to their home school or any of the magnet schools in the district. If families chose their home school as their first choice, they were guaranteed that school; otherwise they were entered into a lottery that gave available spaces in overenrolled schools. If people did not choose a school, they were immediately placed into their home school. After creating a variety of programs to inform families about the new plan, over 95% of the families in the Charlotte-Mecklenburg school system submitted choices for the new school year. [5]
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled 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 decision in Brown 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.
Race-integration busing in the United States was the practice of assigning and transporting students to schools within or outside their local school districts in an effort to diversify the racial make-up of schools. 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 uni-racial due to housing inequality. 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.
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The NAACP Legal Defense and Educational Fund, Inc. is a leading United States civil rights organization and law firm based in New York City.
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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.” Some have credited this decision as contributing to schools resegregating in the United States, and it's been noted that American schools are more racially segregated now than in the late 1960s.
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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.
Alexander v. Holmes County Board of Education, 396 U.S. 19 (1969), was a United States Supreme Court case in which the Court ordered immediate desegregation of public schools in the American South. It followed 15 years of delays to integrate by most Southern school boards after the Court's ruling in Brown v. Board of Education (1954) that segregated public schools were unconstitutional.
James Bryan McMillan was a United States district judge of the United States District Court for the Western District of North Carolina.
Daniel Holcombe Thomas was a United States district judge who served nearly five decades on the United States District Court for the Southern District of Alabama.
Black schools, also referred to as "colored schools", were racially segregated schools in the United States that originated after the American Civil War and Reconstruction era. The phenomenon began in the late 1860s during Reconstruction, when Southern states under biracial Republican governments created public schools for the formerly enslaved. They were typically segregated. After 1877, conservative whites took control across the South. They continued the black schools, but at a much lower funding rate than white schools.
Racial diversity in United States schools is the representation of different racial or ethnic groups in American schools. The institutional practice of slavery, and later segregation, in the United States prevented certain racial groups from entering the school system until midway through the 20th century, when Brown v. Board of Education forbade racially segregated education. Globalization and migrations of peoples to the United States have increasingly led to a multicultural American population, which has in turn increased classroom diversity. Nevertheless, racial separation in schools still exists today, presenting challenges for racial diversification of public education in the United States.
Morgan v. Hennigan was the case that defined the school busing controversy in Boston, Massachusetts during the 1970s. On March 14, 1972, the Boston chapter of the NAACP filed a class action lawsuit against the Boston School Committee on behalf of 14 black parents and 44 children. Tallulah Morgan headed the list of plaintiffs, and James Hennigan, then chair of the School Committee, was listed as the main defendant.
The desegregation of Boston public schools (1974–1988) was a period in which the Boston Public Schools were under court control to desegregate through a system of busing students. The call for desegregation and the first years of its implementation led to a series of racial protests and riots that brought national attention, particularly from 1974 to 1976. In response to the Massachusetts legislature's enactment of the 1965 Racial Imbalance Act, which ordered the state's public schools to desegregate, W. Arthur Garrity Jr. of the United States District Court for the District of Massachusetts laid out a plan for compulsory busing of students between predominantly white and black areas of the city. The hard control of the desegregation plan lasted for over a decade. It influenced Boston politics and contributed to demographic shifts of Boston's school-age population, leading to a decline of public-school enrollment and white flight to the suburbs. Full control of the desegregation plan was transferred to the Boston School Committee in 1988; in 2013 the busing system was replaced by one with dramatically reduced busing.
School segregation in the United States is the separation of students based on their ethnicity. More than half of all students in the United States attend school districts with high concentrations of people of their own ethnicity and about 40% of black students attend schools where 90%-100% of students are non-white.
School integration in the United States is the process of ending race-based segregation within American public and private schools. Racial segregation in schools existed throughout most of American history and remains an issue in contemporary education. During the Civil Rights Movement school integration became a priority, but since then de facto segregation has again become prevalent.
Wisconsin has some of the most segregated schools in the United States. Despite laws demanding school integration, a 2012 study by the UCLA Civil Rights Project found that Wisconsin still has significant segregation in its classrooms.