Winston-Salem County Bd. Of Educ. v. Scott, 404 U.S. 1221 (1971)

ON APPLICATION TO STAY ORDER OF COURT OF APPEALS

PENDING WRIT OF CERTIORARI

Syllabus

Following the decision in Swann v. Board of Education, 402 U.S. 1, the Court of Appeals remanded this school desegregation case to the District Court with instructions to obtain a new plan from the School Board to give effect to Swann. The Board, considering itself required to do so, submitted, under protest, a revised plan designed "to achieve a racial balance" throughout the system. On July 26, 1971, the District Court accepted the plan for the school year commencing August 30, 1971. On August 23 the Board applied for the instant stay, to which response was received on August 26. The Board has stated, as to travel time, merely that the "average time" of travel is one hour. The stay is denied as, on this inadequate record, it cannot be determined with assurance whether the lower courts correctly read Swann’s holdings negating any constitutional requirements of racial balance or racial quotas and suggesting limits for student transportation.

See: 444 F.2d 99.