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Kelley v. Board of Education of Nashville

361 U.S. 924 Court SCOTUS Decision date 1959-12-14 Docket No. 477 English

Judges The Chief Justice, Mr. Justice Douglas and Mr. Justice Brennan, although cognizant that the District Court retained jurisdiction of the action during the transition, would grant the petition for certiorari limited to the fourth question: whether the provisions of paragraphs four and five of the' plan are constitutionally invalid for the reason that they “explicitly recognized race as an absolute ground for the transfer of students between schools, thereby perpetuating rather than limiting racial discrimination.”

Delivered by Majority

Contents

Majority

p. 924
No. 477.
Kelley et al. v. Board of Education of the City of Nashville et al.
Z. Alexander Looby, Thurgood Marshall, Jack Greenberg, Constance Baker Motley and James M. Nabrit III for petitioners. Edwin F. Hunt for respondents.

C. A. 6th Cir. Certiorari denied.

The Chief Justice, Mr. Justice Douglas and Mr. Justice Brennan, although cognizant that the District Court retained jurisdiction of the action during the transition, would grant the petition for certiorari limited to the fourth question: whether the provisions of paragraphs four and five of the' plan are constitutionally invalid for the reason that they “explicitly recognized race as an absolute ground for the transfer of students between schools, thereby perpetuating rather than limiting racial discrimination.”