RESPONDENT: James E. Swann, et al.
LOCATION: Charlotte-Mecklenburg School District
DOCKET NO.: 498
DECIDED BY: Burger Court (1970-1971)
CITATION: 402 US 43 (1971)
ARGUED: Oct 13, 1970
DECIDED: Apr 20, 1971
Andrew A. Vanore, Jr. - For the Appellants
James M. Nabrit, III, - For the Appellees
Facts of the case
Following a desegregation case that began in 1965, on February 5, 1970, the district court ordered the Charlotte-Mecklenburg school system to implement a court-approved desegregation plan. Prior to this order, a suit had been filed in state court that sought an order enjoining the use of public funds for the transportation of students for desegregation purposes. In the midst of the extensive litigation, the North Carolina legislature enacted an anti-busing bill. Swann and other plaintiffs sought injunctive and declaratory relief against the statute, and a three-judge panel was convened to consider the issue. The three-judge panel declared the statute unconstitutional.
Does the North Carolina anti-busing law violate the Fourteenth Amendment?