United States v. Scotland Neck City Board of Education

407 U.S. 484, 92 S. Ct. 2214, 33 L. Ed. 2d 75, 1972 U.S. LEXIS 32
CourtSupreme Court of the United States
DecidedJune 22, 1972
Docket70-130
StatusPublished
Cited by156 cases

This text of 407 U.S. 484 (United States v. Scotland Neck City Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Scotland Neck City Board of Education, 407 U.S. 484, 92 S. Ct. 2214, 33 L. Ed. 2d 75, 1972 U.S. LEXIS 32 (1972).

Opinions

Mr. Justice Stewart

delivered the opinion of' the Court.

The petitioners in these consolidated cases challenge the implementation of a North Carolina statute authorizing the creation of a new. school district for Scotland Neck, a city which' at the time of the statute’s enactment was part of a larger school district then in the process of dismantling a dual school system. In a judgment entered the same day as its judgment in Council of City of Emporia v. Wright, 442 F. 2d 570, a decision which we reverse today, ante, p. 451, the Court of Appeals held that the District Court erred in efih.. joining'\the creation of the new school district.

Scotland Neck is a community, of about 3,000 persons, . located in the southeastern portion of Halifax County, North Carolina. Since 1936, the city has been a part of the Halifax County Administrative Unit, a school district comprising the entire county with the exception of two towns located in the northern section. In the 1968-1969 school year, 10,655 students attended schools in this system, of whom 77% were Negro, -22% white, and 1% American Indian.

- The schools of Halifax County were completely segre-. gated by race until 1965. In that year, the school board adopted a freedom-of-choice plan that produced very [486]*486little actual desegregation. . In the 1967-1968 school year, all of the white students in the county attended the four traditionally all-white schools, while 97% of the Negro students attended the 14 traditionally all-Negro schools. The school-busing system, used by 90% of the students, was segregated by race, and faculty desegregation was minimal.

In 1968, the United States Department of Justice entered into negotiations with the Halifax County School-Board to bring the county’s school system into compliance with federal law. An agreement was reached whereby the school board undertook to provide some desegregation in the fall of 1968, and to effect a completely unitary system in the 1969-1970 school year. The State Department of Public Instruction, acting on a request from the county board, recommended a detailed plan (the Interim Plan) for the unitary system that would have put some white students in every school in the county, and that would have left a white majority in only one school.

In January 1969, after the Interim Plan had been submitted to the county school board but before any action had been taken upon it, a bill was introduced in the state legislature to authorize the creation of a new school district bounded by the .city limits of Scotland Neck, upon approval by a majority of the city’s voter's.1 The bill was enacted on March 3, 1969, as Chapter 31 of the 1969 Session Laws of North Carolina. The citizens of Scotland Neck approved the new school [487]*487district in a referendum a month later,2 and the new district began taking steps toward beginning a separate school system in the fall of. 1969.

The effect of Chapter 31 wasf to carve out of the Halifax school district a new unit with 695 students, of whom 399 (57%) were white and 296 (43%) were Negro. Under a transfer plan devised by the newly appointed Scotland Neck City Board of Education, .360 students (350 white and 10 Negro) residing outside the city limits - applied .to transfer into the Scotland Neck schools, while 44 students (all Negro) applied to transfer out of the city system to a nearby school in the Halifax County system. The new district planned to use the facilities of the formerly all-white Scotland Neck High School, including one building located outside the city limits that would be leased from the county.

The United States filed this lawsuit in June 1969 against both city and" county officials, seeking desegregation of the existing Halifax County schools.3 The complaint asked for preliminary and permanent injunc- . tions against the implementation of Chapter 31. Various Negro children, parents, and teachers, the petitioner^ in No. 70-187, were permitted to intervene as plaintiffs.

After a three-day hearing before two district judges on both this case and a similar' case involving two newly created school districts in neighboring Warren County, [488]*488the District Court preliminarily enjoined the implementation of Chapter 31, finding that “the Act in its application creates a refuge for white students, and promotes segregated schools in Halifax County,” and further that “[t]he Act impedes and defeats the Halifax County Board of Education from implementing its plan to completely desegregate all of the public schools in Halifax County by the openihg of the school year 1969-70.”4 After further hearings, the District Court on May 23, 1970, found Chapter 31 unconstitutional and permanently enjoined its enforcement. 314 F. Supp. 65. The Court of Appeals reversed, 442 F. 2d 575, and we granted certiorari. 404 U. S. 821.

The Court of Appeals did not believe that the separation of Scotland Neck from the Halifax County system should be viewed as an alternative plan for desegregating the county system, because the “severance was not part of a desegregation plan proposed by the • school board but was instead an action by the Legislature redefining the boundaries of local governmental units.” 442 F. 2d, at 583. This suggests that an action of a state legislature affecting the desegregation of a dual system stands on a footing different from an action of a school board. But in North Carolina Board of Education v. Swann, 402 U. S. 43, decided after the decision of the Court of Appeals in this case, we held that “if a state-imposed limitation on a school authority’s discretion operates to inhibit or obstruct . . . the disestablishing of a dual school system, it must fall; state policy must give way when it operates' to hinder vindication of federal constitutional guarantees.” Id., at 45. The fact that the creation of the Scotland Neck school district was authorized by a special act of the state legisla[489]*489ture rather than by the school board or city authorities thus has no constitutional significance.

We have today held that any attempt by state or local officials to carve out a new school district from an existing district that is in the process of dismantling a dual school system “must be judged according to whether it hinders or furthers the process of school desegregation. If the proposal would impede the dismantling of a dual system, then a district court, in the exercise of-its remedial discretion, may enjoin it from being carried out.” Wright v. Council of City of Em-poria, supra, at 460. The District Court in this case concluded that Chapter 31 “was enacted- with the effect of creating a refuge for white students of the Halifax County School system, and interferes with the desegregation of the Halifax County School system .-. . .” 314 F. Supp., at 78. The Court of Appeals, however, did not regard the separation of Scotland Neck as Creating a refuge for white students' seeking to escape desegregation, and it held that “the effect of the separation of the Scotland Neck schools and students on the desegregation of the remainder of the Halifax County system is minimal and insufficient to invalidate Chapter 31.” 442 F. 2d, at 582.

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Bluebook (online)
407 U.S. 484, 92 S. Ct. 2214, 33 L. Ed. 2d 75, 1972 U.S. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-scotland-neck-city-board-of-education-scotus-1972.