Order

    SUPREME COURT OF THE UNITED STATES 

  

No. 632.—OCTOBER TerM, 1969. 

et ————————— 

Beatrice Alexander et al., 

Petitioners, On Writ of Certiorari to the 

v. United States Court of Ap- 

Holmes County Board of peals for the Fifth Circuit. 

Tiducation et al. 

[October 29, 1969. ] 

Per CURIAM. 

These cases come to the Court on a petition for cer- 

tiorari to the Court of Appeals for the Fifth Circuit. 

The petition was granted on October 9, 1969, and the 

case set down for early argument. The question pre- 

sented is one of paramount importance, involving as 1t 

does the denial of fundamental rights to many thousands 

of school children, who are presently attending Missis- 

sippi schools under segregated conditions contrary to 

the applicable decisions of this Court. Against this back- 

ground the Court of Appeals should have denied all mo- 

tions for additional time because continued operation of 

segregated schools under a standard of allowing “all 

deliberate speed” for desegregation 1s no longer constitu- 

tionally permissible. Under explicit holdings of this 

Court the obligation of every school district 1s to ter- 

minate dual school systems at once and to operate NOW 

and hereafter only unitary schools. Griffin v. School 

Board, 377 U.S. 218,234 (1964); Green v. County School 

Board of New Kent County, 391 U. S. 430, 438-439, 442 

(1968). Accordingly, 

It is hereby adjudged, ordered, and decreed: 

1. The Court of Appeals’ order of August 28, 1969, is 

cated, and the cases are remanded to that court to 

issue its decree and order, effective immediately, declari. & 

 



  

632—PER CURIAM 

2 ALEXANDER v. BOARD OF EDUCATION. pa 

that each of the school districts here involved-nay no 

longer operate a dual school system based on race or 

color, and directing that they begin immediately to 
— . 

operate as unitary school systems within which no person 

is to be effectively excluded from any school because of 

    

    

      
  

    

race or color. 

2. The Court of Appeals may in its discretion direct 

the schools here involved to accept all or any part of 

the August 11, 1969, recommendations of the Depart- 

ment of Health, Education, and Welfare, with any modi- 

fications which that court deems proper insofar as those 

recammendations insure a totally unitary school system 

for all eligible pupils without regard to race or color. 

The Court of Appeals may make its determination and 

enter its order without further arguments or submissions. 

3. While each of these school systems is being operated 

as a unitary system under the order of the Court of 

Appeals, the District Court may hear and consider objec- 

tions thereto or proposed amendments thereof, provided, 

however, that the Court of Appeals’ order shall be com- 
plied with in all respects while the District Court con- 
siders such objections or amendments, if any are made. 
No amendment shall become effective before being passed 
upon by the Court of Appeals. 

4. The Court of Appeals shall retain jurisdiction to 
insure prompt and faithful compliance with its order, 
and may modify or amend the same as may be deemed 
necessary or desirable for the operation of a unitary 
school system. : 

5. The order of the Court of Appeals dated August 28, 
1969, having been vacated and the case remanded for 
proceedings in conformity with this order, the judgment 
shall issue forthwith and the Court of Appeals is re- 
quested to give priority to the execution of this judgment 
as far as possible and necessary. 

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