Raney v. Board of Education of Gould School District

PETITIONER: Raney
RESPONDENT: Board of Education of Gould School District
LOCATION: United States District Court of Maryland

DOCKET NO.: 805
DECIDED BY: Warren Court (1967-1969)
LOWER COURT: United States Court of Appeals for the Eighth Circuit

CITATION: 391 US 443 (1968)
ARGUED: Apr 03, 1968
DECIDED: May 27, 1968

Facts of the case

Question

Media for Raney v. Board of Education of Gould School District

Audio Transcription for Oral Argument - April 03, 1968 in Raney v. Board of Education of Gould School District

Earl Warren:

Number 805, Arthur Lee Raney et al., petitioner versus Board of Education of the Gould School District, et al.

Mr. Greenberg.

Jack Greenberg:

Mr. Chief Justice and may it please the Court.

This case like the two cases preceding it involves an issue of remedy, and that is the question of what a school district must do to come into conformity with the requirements of this Court in the case of Brown v. Board of Education are not merely to come into conformity with the requirements of this Court in the case of Brown as to having maintained generations of segregation but after having maintained segregation for a decade, following this Court's decision in Brown.

The Gould --

William J. Brennan, Jr.:

I gather, Mr. Greenberg, when your emphasis is on remedy --

Jack Greenberg:

Yes.

William J. Brennan, Jr.:

-- you're suggesting we don't have to decide that this is constitutionally required.

Jack Greenberg:

Well, it was -- it is perhaps difficult to disentangle the procedure that is required --

William J. Brennan, Jr.:

Well, the principle of desegregation.

Jack Greenberg:

Yes.

William J. Brennan, Jr.:

But whether or not the Constitution compels a certain way of accomplishing.

It's not so much the problem as how to accomplish desegregation as a remedy.

Jack Greenberg:

I -- I might put it that way, yeah.

William J. Brennan, Jr.:

Is that it?

Jack Greenberg:

Yes, I might put it that way.

The Gould Special School District is a small district of approximately 3,000 population.

In the 1965-66 school year, when this litigation began, the total school enrolment was 879.

As of December 1965, the District had taken no steps whatsoever to comply with this Court's decision, Brown against Board of Education.

It maintained at that time and indeed continues to maintain at this time two complexes of buildings about 10 blocks from each other, each one having an elementary and a secondary school.

The Gould School, named after the community, is the White school complex; the Field School is all Negro.

After passage of Title VI of the Civil Rights Act of 1964, Gould instituted freedom of choice.

It covered all 12 grades and it's interesting to note that a hundred students applied.

There was not adequate -- a hundred Negro students applied to go to the White school; no White students applied to go to the Negro school.

There was not adequate room for all the Negro students who applied to go to the White school, and 28 were sent back.

I might note that since then, freedom of choice has continued to operate and never again has the level attained anywhere close to a hundred.

It is covered around 70 and this school year's gone up to 80.

But when it started, there was sufficient eagerness for a hundred to apply, which we haven't reached again.

And these were children the 5th, 10th, and 11th grades and they were the plaintiffs in this lawsuit.

Potter Stewart:

How many -- how many students in each one of the schools?