board must explain why it determined to close all-black school
How later courts described this case
- board must explain why it determined to close all-black school
Written by the judges who cited it.
The opinion
ALBERT Y. BRYAN,
Circuit Judge (dissenting):
I think the District Court, and now this court, go far too far in their exactions of the School Board. It has sincerely endeavored since the 1966-67 and 1967-68 school terms to comply with each order of the District Court.
As the majority opinion notes, by August 19, 1968 all of the Negro high school students had been placed in “white” schools, and without complaint of discrimination. Moreover
“All elementary school children were under the plan to be assigned ‘to the school nearest their home without regard to race, subject to space limitation, in which event the children will be assigned to the second nearest school nearest their home, without *1077 regard to race * provided for transportation of all students without racial discrimination.” * *.’ The plan
To me this seems a fair and just arrangement and should end the litigation. But the decree now appealed by the Board demands even more of the school authorities. The administration should have been allowed room in effectuating the plan of August 19, 1968 and been let alone until corrective measures were necessitated. Not until then should the court have interfered. Overreadiness to oversee is disruptive of school operation; too, it encourages captious faultfinding, as here.
The present rulings, at trial and on appeal, are meddlesome and oppressive. I would reverse.