The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, October 12, 1970
Decision: Tuesday, April 20, 1971
Issues: Civil Rights, Desegregation, Schools
Categories: discrimination, education, equal protection, race, race discrimination, segregation

Advocates

Julius LeVonne Chambers (Argued the cause for petitioners in No. 281 and respondents in No. 349)
Erwin N. Griswold (Argued the cause for the United States as amicus curiae in both cases)
Benjamin S. Horack (Argued the cause for respondents in No. 281 and petitioners in No. 349)
James M. Nabrit, III (Argued the cause for petitioners in No. 281 and respondents in No. 349)
William J. Wagonner (Argued the cause for respondents in No. 281 and petitioners in No. 349)

Facts of the Case

After the Supreme Court's decision in 1954 in Brown v. Board of Education, little progress had been made in desegregating public schools. One example was the Charlotte-Mecklenburg, North Carolina, system in which approximately 14,000 black students attended schools that were either totally black or more than 99 percent black. Lower courts had experimented with a number of possible solutions when the case reached the Supreme Court.

Question

Were federal courts constitutionally authorized to oversee and produce remedies for state-imposed segregation?

Conclusion

In a unanimous decision, the Court held that once violations of previous mandates directed at desegregating schools had occurred, the scope of district courts' equitable powers to remedy past wrongs were broad and flexible. The Court ruled that 1) remedial plans were to be judged by their effectiveness, and the use of mathematical ratios or quotas were legitimate "starting points" for solutions; 2) predominantly or exclusively black schools required close scrutiny by courts; 3) non-contiguous attendance zones, as interim corrective measures, were within the courts' remedial powers; and 4) no rigid guidelines could be established concerning busing of students to particular schools.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Charlotte-Mecklenburg Bd. of Ed., 0 vote(s) against
Wrote the majority opinion
Burger
Voted with the majority
Black
Voted with the majority
Douglas
Voted with the majority
Harlan
Voted with the majority
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971),
available at: <http://www.oyez.org/cases/1970-1979/1970/1970_281/>
(last visited ).