Bush v. Orleans Parish School Board
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364 U.S. 500 (1960)
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U.S. Supreme Court
Bush v. Orleans Parish School Board, 364 U.S. 500 (1960)
Bush v. Orleans Parish School Board,
Decided December 12, 1960*
364 U.S. 500
ON MOTION FOR STAY
A three-judge Federal District Court declared unconstitutional, and temporarily enjoined enforcement of, a series of enactments of the Louisiana Legislature designed to prevent partial desegregation of the races in certain public schools in New Orleans pursuant to an earlier federal court order. It was contended, inter alia, that the State of Louisiana had "interposed itself in the field of public education over which it has exclusive control," and motions were made for a stay of the injunction pending direct appeal to this Court.
Held: this contention and others made in the motions are without substance, and the motions for stay are denied.
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
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.
* Together with United States v. Louisiana et al. and Williams et al. v. Davis et al., also on motions for stay.