In the Matter of Carolyn BRADLEY et al., Appellees,
v.
The SCHOOL BOARD OF the CITY OF RICHMOND, VIRGINIA, et al., Appellees,
v.
The SCHOOL BOARD OF CHESTER-FIELD COUNTY et al., Appellants.
National Education Association, Amicus Curiae.
American Civil Liberties Union, American Civil Liberties Union of Virginia, Amicus Curiae.
United States of America, Amicus Curiae. Congress of Racial Equality, Amicus Curiae.
In the Matter of Carolyn BRADLEY et al., Appellees,
v.
The SCHOOL BOARD OF the CITY OF RICHMOND, VIRGINIA, et al., Appellees,
v.
The SCHOOL BOARD OF HENRICO COUNTY et al., Appellants.
National Education Association, Amicus Curiae.
American Civil Liberties Union, American Civil Liberties Union of Virginia, Amicus Curiae.
United States of America, Amicus Curiae.
Congress of Racial Equality, Amicus Curiae.
In the Matter of Carolyn BRADLEY et al., Appellees,
v.
The SCHOOL BOARD OF the CITY OF RICHMOND, VIRGINIA, et al., Appellees,
v.
The STATE BOARD OF EDUCATION OF the COMMONWEALTH OF VIRGINIA et al., Appellants.
National Education Association, Amicus Curiae.
American Civil Liberties Union, American Civil Liberties Union of Virginia, Amicus Curiae.
United States of America, Amicus Curiae.
Congress of Racial Equality, Amicus Curiae,
In the Matter of Carolyn BRADLEY et al., Appellees,
v.
The SCHOOL BOARD OF the CITY OF RICHMOND, VIRGINIA, et al., Appellees,
v.
Dawn GAULDIN, an infant, by her next friend and mother, Judith Gauldin, and others, parents and school children of Chesterfield County, Appellants.
National Education Association, Amicus Curiae.
American Civil Liberties Union, American Civil Liberties Union of Virginia, Amicus Curiae.
United States of America, Amicus Curiae.
Congress of Racial Equality, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 13, 1972.
Decided June 5, 1972.
Attorney(s) appearing for the Case
Philip B. Kurland, Chicago, Ill. (Andrew P. Miller, Atty. Gen. of Va., William G. Broaddus, D. Patrick Lacy, Jr., Asst. Attys. Gen., on brief for The State Board of Education and the Superintendent of Public Instruction; Frederick T. Gray, Walter E. Rogers, Richmond, Va., and Oliver D. Rudy, Commonwealth's Atty., Chesterfield County, on brief for The Board of Supervisors of Chesterfield County; J. Segar Gravatt, Blackstone, Va., on brief for The School Board of Chesterfield County; R. D. McIlwaine, III, L. Paul Byrne, Richmond, Va., J. Mercer White, Jr., County Atty., Henrico County, on brief for The Board of Supervisors of Henrico County and the School Board of Henrico County), for appellants.
George B. Little, Richmond, Va., (John H. Obrion, Jr., James K. Cluverius, and Browder, Russell, Little, & Morris, Richmond, Va., and Conard B. Mattox, Jr., City Atty., on brief), and Norman J. Chachkin, New York City, (Louis R. Lucas, Memphis, Tenn., William L. Taylor, Richmond, Va., Jack Greenberg, James M. Nabrit, III, New York City, James R. Olphin, and M. Ralph Page, Richmond, Va., on brief), for appellees.
Stephen J. Pollak, Richard M. Sharp, David Rubin, and Shea & Gardner, Washington, D. C., on brief for amicus curiae, The National Education Association.
Richard V. Falcon, David S. Bogen, Baltimore, Md., Melvin L. Wulf, Sanford Jay Rosen, American Civil Liberties Union, New York City, and Philip Hirschkop, Alexandria, Va., on brief for amicus curiae American Civil Liberties Union, American Civil Liberties Union of Virginia.
Brian P. Gettings, U. S. Atty., David L. Norman, Asst. Atty. Gen., and Brian K. Landsberg, Atty., Dept. of Justice, on brief for amicus curiae, The United States.
Theo Walker Mitchell, Greenville, S. C., and William C. Chance, Floyd B. McKissick, Charles S. Conley, and Roy Innis, National Director, Victor Solomon, Associate National Director, Congress of Racial Equality, on brief, for amicus curiae, The Congress of Racial Equality.
Before HAYNSWORTH, Chief Judge, and BRYAN, WINTER, CRAVEN, RUSSELL and FIELD, Circuit Judges, sitting en banc.
United States Court of Appeals, Fourth Circuit.
CRAVEN, Circuit Judge:
May a United States District Judge compel one of the States of the Union to restructure its internal government for the purpose of achieving racial balance in the assignment of pupils to the public schools? We think not, absent invidious discrimination in the establishment or maintenance of local governmental units, and accordingly reverse.
This is a new aspect of an old school case begun in 1961.1 Neither...
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