Motion of the Commonwealth of Virginia for Leave to Appear and Present Oral Argument

Public Court Documents
September 4, 1970

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Motion of the Commonwealth of Virginia for Leave to Appear and Present Oral Argument preview

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Topic
- Educational Equity
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Swann v. Charlotte-Mecklenburg
Case
- Swann v. Charlotte-Mecklenburg Board of Education
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 1d0cf81a-3234-f111-88b4-7c1e527f53b4

Cite this item

Case Files, Swann v. Charlotte-Mecklenburg Working Files. Motion of the Commonwealth of Virginia for Leave to Appear and Present Oral Argument, 1970. 1d0cf81a-3234-f111-88b4-7c1e527f53b4. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/de68f273-9e92-43c1-a72a-b34e120cb2d1/motion-of-the-commonwealth-of-virginia-for-leave-to-appear-and-present-oral-argument. Accessed June 02, 2026.

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     [||8687393c-6917-4370-9015-3e77c90d6f1c||] 51/167 9/74/70 

  

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1970 

  

No. 281 

  

James E. Swann, et al., 

Petitioners 

Vv. 

Charlotte-Mecklenberg Board of Education, et al., 

Respondents 

  

MOTION OF THE COMMONWEALTH OF VIRGINIA FOR 

LEAVE TO APPEAR AND PRESENT ORAL ARGUMENT 

  

The Commonwealth of Virginia, by its Attorney General 

and by its Special Counsel, hereby respectfully moves for leave 

to appear and present oral argument in the above case. The 

Commonwealth of Virginia intends to file, pursuant to Rule 42, 

a brief amicus curiae with the Clerk of the Supreme Court within 
  

the time limits prescribed by the Rules, and it is believed 

that oral argument in support of that brief will be helpful to 

the Court in its consideration of this case. 

. The Commonwealth of Virginia is deeply interested in 

the resolution of the constitutional questions (1) whether the 

busing of school children is required to achieve racial balance 

and (2) if racial balance is not a constitutional imperative, 

what standard should guide the courts in their review of pupil 

assignment plans of local school boards.       
 



      

The Commonwealth of Virginia will be directly and 

substantially affected by the Court's decision on the merits 

in this case. Desegregation plans involving Norfolk and Richmond 

the two largest school divisions in Virginia, are now being 

litigated in lower federal courts. The decision in this case 

also will have a major impact upon these cities and others across 

the nation with large areas of residential segregation and high 

black to white student population ratios. 

Respectfully submitted, 

Andrew P. Miller, Attorney General 
of Virginia 

William G. Broaddus 
Theodore J. Markow 

Assistant Attorneys General 

Supreme Court-State Library Building 
Richmond, Virginia 23219 

George D. Gibson 

Lewis F. Powell, Jr. 
John W. Riely 

George H. Hettrick 

Guy K. Tower 

Special Counsel 

/s/ Lewis F. Powell, Jr. 
Lewis F. Powell, Jr. 
  

Hunton, Williams, Gay, Powell & Gibson 
/00 East Main Street 

Richmond, Virginia 23212 

September 4, 1970   

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Motion of the Commonwealth of Virginia for Leave to Appear and Present Oral Argument

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

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