# United States v. Board of Education of Bessemer

> Court of Appeals for the Fifth Circuit · July 1, 1969 · 417 F.2d 846

URL: https://www.frixlaw.com/law-library/cases/8881619

## Case

- **Full name:** UNITED STATES of America, and Doris Elaine Brown v. The BOARD OF EDUCATION OF the CITY OF BESSEMER, Appellees UNITED STATES of America, and Dwight Armstrong v. BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, JEFFERSON COUNTY, ALABAMA, Appellees UNITED STATES of America and Linda Stout, by her father and next friend, Blevin Stout v. JEFFERSON COUNTY BOARD OF EDUCATION
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 1, 1969
- **Citations:** 417 F.2d 846
- **Precedential status:** Published
- **Opinion:** Concurrence by Bell
- **Judges:** Bell
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8881619

## Opinion text

BELL, Circuit Judge
(concurring specially) :
I concur in the opinion and the result thereof except to the extent, if any, that the decisions of this court cited therein may exceed the requirements laid down by the Supreme Court in Green v. County School Board of New Kent County, *848 Virginia, 391 U.S. 430 , 88 S.Ct. 1689 , 20 L.Ed.2d 716 (1968); Raney v. Board of Education of Gould, Arkansas, 391 U.S. 443 , 88 S.Ct. 1697 , 20 L.Ed.2d 727 (1968); Monroe v. Board of Commissioners of City of Jackson, Tennessee, 391 U.S. 450 , 88 S.Ct. 1700 , 20 L.Ed.2d 733 (1968), to-wit: that dual school systems be disestablished. I am in fundamental disagreement with the approach of an appellate court stipulating the details of transition plans where couched in terms of constantly escalating interim demands. The specter of escalation, with no end in sight, retards the disestablishment process.
Congress has never acted as it could have under § 5 of the Fourteenth Amendment to set uniform standards for disestablishing dual school systems. Meanwhile, no court has defined “disestablishment”. My view continues to be that school systems are entitled to know the ultimate standard. United States v. Jefferson County Board of Education, 5 Cir., 1967, 380 F.2d 385 , dissenting opinion at p. 413.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8881619. Public record. Not legal advice.