Calhoun v. Latimer

PETITIONER: Calhoun
RESPONDENT: Latimer
LOCATION: Cumberland Hospital

DOCKET NO.: 623
DECIDED BY: Warren Court (1962-1965)
LOWER COURT: United States Court of Appeals for the Fifth Circuit

CITATION: 377 US 263 (1964)
ARGUED: Mar 31, 1964
DECIDED: May 25, 1964

Facts of the case

Question

Media for Calhoun v. Latimer

Audio Transcription for Oral Argument - March 31, 1964 (Part 1) in Calhoun v. Latimer

Audio Transcription for Oral Argument - March 31, 1964 (Part 2) in Calhoun v. Latimer

Earl Warren:

-- continue your argument.

A. C. Latimer:

Mr. Chief Justice Warren.

Earl Warren:

But before you -- before you start, there -- where you in somewhat stated confusion because of the different approaches that you and -- and counsel for the petitioners have -- the -- the basis of your arguments and so I'm going to extend your time for 15 minutes to explore these things and Mrs. Motley, you may have 10 minutes to -- additional to reply and Mr. Marshall, you may have 5.

And we'll see if we can get down to a basis where we're all talking about the same things.

A. C. Latimer:

Mr. Chief Justice Warren, I wanted to say at the outset that I do not think -- do not contend that Mrs. Motley is in anyway misquoting the record.

The difficulty of this in -- in most of these cases isn't this record is what we say is ancient history, it's two years or more older.

And that in the meantime, Atlanta has been discharging what it considered to be the requirements of the Brown decision, wherein this Court said that the speed of a plan and how it waits and so forth, is first, addresses itself to the local school authorities and second, to the local district courts.

So, I make that statement, I don't know that anybody would consider that Mrs. Motley has misquoted the record and I'm sure she is -- has not and would not.

But that these depositions were taken sometime along in June of, I think, 1962 and since that time, we have tried to move forward with our plan.

Earl Warren:

But do you have any -- any resolutions of your -- of your Board of Education or -- or any documents of any kind that would establish this new policy that you're talking about but which neither counsel nor ourselves seem to know anything about?

A. C. Latimer:

Yes, sir.

The official records and minutes of the Board of Education would contain that portion of this argument that we're talking about which concerned those applicants in 1963 who had been turned down on the testing criteria, who were called back in and told that they could go to the school of their choice if they live closer to it.

Earl Warren:

But do we have documents that will -- will answer the precise question that -- that Mr. Justice Brennan asked -- asked of you --

A. C. Latimer:

I don't --

Earl Warren:

-- about the right of -- right of the colored youngster?

A. C. Latimer:

No, sir, I do not think we do have precise document.

I might suggest this Your Honor that --

Earl Warren:

Now, may I ask you this then, do you have any documents that -- that will establish your answer to -- to the question of Justice Goldberg about youngsters who do go to school under those circumstances?

A. C. Latimer:

No, sir, I don't think there's anything in the record.

Now, we could probably --

Earl Warren:

But how can we establish at them to -- to be the fact?

A. C. Latimer:

Yes, sir.

We can stipulate here and now what the Atlanta plan is as of this time.

Earl Warren:

And where has it been enunciated in -- in a public way prior to your statement here?

A. C. Latimer:

Well, Mr. Chief Justice, in the summer months of 1963, following Judge Bell's opinion, it was widely publicized the effect of the opinion on the Atlanta plan.

Earl Warren:

Well, yeah -- but -- but where was the action of the Board of Education published?

A. C. Latimer:

Well, the only --

Earl Warren:

Pursuant to that, pursuant to that.

A. C. Latimer:

In its official records in minutes.

Earl Warren:

Is it thereby resolution or -- or how?