The Legislature of Louisiana v. Earl Benjamin Bush Memorandum Amicus Curiae in Support of Motion to Affirm

Public Court Documents
February 28, 1961

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Brief Collection, LDF Court Filings. The Legislature of Louisiana v. Earl Benjamin Bush Memorandum Amicus Curiae in Support of Motion to Affirm, 1961. 874a4bc2-bb9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/0ce87f7b-ab2a-4ec7-b350-caa1f9bad601/the-legislature-of-louisiana-v-earl-benjamin-bush-memorandum-amicus-curiae-in-support-of-motion-to-affirm. Accessed December 05, 2025.

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    October T erm , 1960

T he L egislature of L ouisiana, et al., appellants

v.
E arl B enjam in  B ush , et al. /

APPEAL FROM THE VEIT ED STATES DISTRICT COURT FOR THE 
EASTERN DISTRICT OF LOUISIANA, NEW ORLEANS DIVISION

MEMORANDUM FOR THE UNITED STATES AS AMICUS CURIAE 
IN SUPPORT OF MOTION TO AFFIRM

ARCHIBALD COX,
Solicitor General,

Departmen t of Justice, Washington-25, D.C.



J n  iiw gtojrrtmt dfmtrf of ffte I t t M  States
October Term , 1960

No. 706

T he L egislature of L ouisiana, et al., appellants

v.
E arl B enjam in  B ush , et al.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE 
EASTERN DISTRICT OF LOUISIANA, NEW ORLEANS DIVISION

MEMORANDUM FOR THE UNITED STATES AS AMICUS CURIAE 
IN SUPPORT OF MOTION TO AFFIRM

In its opinion of December 12, 1960, denying the 
motions to stay the district court’s judgment invali
dating a series of enactments of the State of Louisiana 
involved on this appeal, the Court declared that the 
questions raised by the challenge to the rulings below 
had already been fully considered in prior decisions 
and were “without substance” . Since the matters 
presented by the appeal have been definitively re
solved, there is no necessity that they be further 
briefed or argued. The motion to affirm should be 
granted.

Prompt affirmance will advance the clear public 
interest in terminating difficulties engendered by the 
continuation of this litigation, which tend to interfere

( i )

584815— 61



2

with, the functioning of the public schools in New 
Orleans.

Respectfully submitted.
A rchibald Cox,

Solicitor General.
F ebruary 1961.

U.S.  GOVERNMENT PRINTING OFFICE:  1961

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The Legislature of Louisiana v. Earl Benjamin Bush Memorandum Amicus Curiae in Support of Motion to Affirm

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