Opinion

Bush v. Orleans Parish School Board

  • 364 U.S. 500
  • 5 L. Ed. 2d 245
  • 81 S. Ct. 260
  • 1960 U.S. LEXIS 26
Court
Supreme Court of the United States
Filed
Dec 12, 1960
Status
Published
Cited by
1 cases
Authority
More cited than 56.8%

The opinion

Per Curiam.

These are motions for stay of an injunction by a three-judge District Court which nullified a series of enactments of the State of Louisiana. The scope of these enactments and the basis on which they were found in conflict with *501 the Constitution of the United States are not matters of doubt. The nub of the decision of the three-judge court is this:

“The conclusion is clear that interposition is not a constitutional doctrine. If taken seriously, it is illegal defiance of constitutional authority.” United States v. Louisiana, 188 F. Supp. 916, 926 .

The main basis for challenging this ruling is that the State of Louisiana “has interposed itself in the field, of public education over which it has exclusive control.” This objection is without substance, as we held, upon full consideration, in Cooper v. Aaron, 358 U. S. 1 . The others are likewise without merit.

Accordingly, the motions for stay are denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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