United States v. Scotland Neck City Bd. Of Ed., 407 U.S. 484 (1972)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

A state statute authorized creation of a new school district for Scotland Neck, N.C. a city that was part of the larger Halifax County school district, then in the process of dismantling a dual school system. The District Court in this litigation instituted by the United States enjoined implementation of the statute as creating a refuge for white students and promoting school segregation in the county. The Court of Appeals reversed, ruling that the statute’s impact on dismantling the county dual system was minimal, and that it should not be regarded as an alternative desegregation plan for the county, since it was enacted by the legislature, and not by the school board.

Held: Whether the action affecting dismantling of a dual school system is initiated by the legislature or by the school board is immaterial, North Carolina Board of Education v. Swann, 402 U.S. 43; the criterion is whether the dismantling is furthered or hindered by carving a new school district from the larger district having the dual school system, and a proposal that would impede the dismantling process may be enjoined. Wright v. Council of City of Emporia, ante p. 451. Pp. 488-491.

442 F.2d 575, reversed.

STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, and MARSHALL, JJ., joined. BURGER, C.J., filed an opinion concurring in the result, in which BLACKMUN, POWELL, and REHNQUIST, JJ., joined, post, p. 491.