North Carolina State Board of Education v. Swann (1970)

Docket
498
Decided
1970-01-01
Category
General

Summary

Question: Does the North Carolina anti-busing law violate the Fourteenth Amendment? Conclusion: Yes. Chief Justice Warren E. Burger delivered the opinion of the unanimous Court. The Court held that, while state officials have a great deal of discretion in formulating school policy, that discretion does not override federal constitutional guarantees. The anti-busing statute flies in the face of the Court’s holding in Brown v. Board of Education and the requirement to provide desegregated education. The Court also held that the anti-busing statute would actively prevent government authorities from remedying the constitutional violations that stem from segregation.

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