423 U.S. 963 (1975)

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U.S. Supreme Court

BUCHANAN v. EVANS , 423 U.S. 963 (1975)

423 U.S. 963

Madeline BUCHANAN et al. v. Brenda EVANS et al.
No. 74-1418.

Supreme Court of the United States

November 17, 1975 Rehearing Denied Jan. 19, 1976.

See 423 U.S. 1080.

The judgment is affirmed.

Mr. Justice REHNQUIST, with whom THE CHIEF JUSTICE and Mr. Justice POWELL join as to Parts I and II B, dissenting.

Appellants insist that the judgment of the District Court is wrong under our holding in Milliken v. Bradley, 418 U.S. 717 (1974), while appellees insist that it is consistent with that case. But this case comes here as an appeal from an order of a three- judge District Court enjoining the enforcement of a state statute, a question not even present in Milliken. The three-judge District Court by its order of April 16, 1975, enjoined appellants from relying upon1

Page 423 U.S. 963 , 964

provisions of a Delaware statute which by their terms had expired six years earlier. Because in doing so I believe the District Court decided an issue that is demonstrably moot, I would reverse its judgment on this point. Since the additional question of whether the Milliken issues briefed by the parties are properly before us under any conceivable theory is one which veritably bristles with jurisdictional problems, I would note probable jurisdiction and set the case for argument on these points. The Court's summary affirmance, in my opinion, not only wrongfully upholds an erroneous injunction issued by the District Court, but because of the difficult jurisdictional questions present in this case leaves totally beclouded and uncertain what is decided by that summary affirmance.


The challenged Delaware statute, known as the Educational Advancement Act, was enacted by the legislature in June 1968 'to provide the framework for an effective and orderly reorganization of the existing school districts of this State through the retention of certain existing school districts and the combination of other existing school districts.' 14 Del. C. 1001.2 [423 U.S. 963 , 965]

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