North Carolina State Board of Education v. Swann

PETITIONER: North Carolina State Board of Education, et al.
RESPONDENT: James E. Swann, et al.
LOCATION: Charlotte-Mecklenburg School District

DOCKET NO.: 498
DECIDED BY: Burger Court (1970-1971)
LOWER COURT:

CITATION: 402 US 43 (1971)
ARGUED: Oct 13, 1970
DECIDED: Apr 20, 1971

ADVOCATES:
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.

Question

Does the North Carolina anti-busing law violate the Fourteenth Amendment?

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