Johnson v. Board of Educ. of City of Chicago,
457 U.S. 52 (1982)

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U.S. Supreme Court

Johnson v. Board of Educ. of City of Chicago, 457 U.S. 52 (1982)

Johnson v. Board of Education of the City of Chicago

No. 81-1097

Decided June 7, 1982

457 U.S. 52


The Court of Appeals' original judgment upholding, over petitioners' constitutional challenge, respondent Board of Education's racial quota plan for high schools, was vacated by this Court, and the case was remanded for further consideration in light of a subsequent decree in a related case. On remand from the Court of Appeals, the District Court held, without taking further evidence that, the challenge was not rendered moot by the decree, and the Court of Appeals affirmed.

Held: Although the case is not moot and the subsequent development did not undermine the Court of Appeals' original judgment, that development might be relevant to petitioners' challenge, and accordingly the Court of Appeals' later judgment is vacated with the direction to consolidate the matter with the related case so that the District Court may decide petitioners' challenge on the basis of a complete factual record.

Certiorari granted; 664 F.2d 1069, vacated and remanded.

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