Supreme Court of the United States, 1960

Bush v. Orleans Parish School Board

Supreme Court of the United States · Decided December 12, 1960

364 U.S. 500; 5 L. Ed. 2d 245; 81 S. Ct. 260; 1960 U.S. LEXIS 26 (United States Reports)

Counsel

Jack P. F. Gremillion, Attorney General of Louisiana, for the State of Louisiana et al., W. Scott Wilkinson and Thompson Clarke for the Legislature of Louisiana et al., Solicitor General Rankin for the United States., Robert G. Polack, Peter H. Beer, William M. Campbell, Jr. and Ralph N. Jackson for the Orleans Parish School Board et al., in opposition., Thurgood Marshall, Constance Baker Motley and A. P. Tureaud for Bush et al., in opposition.

Cases that cite this one

1 later published case cites this decision.

United States v. State of Louisiana Earl Benjamin Bush v. Orleans Parish School Board Harry K. Williams v. Jimmie H. Davis (Supreme Court of the United States 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

These are motions for stay of an injunction by a three-judge District Court which nullified a series of enactments of the State of Louisiana. The scope of these enactments and the basis on which they were found in conflict with *501the Constitution of the United States are not matters of doubt. The nub of the decision of the three-judge court is this:

“The conclusion is clear that interposition is not a constitutional doctrine. If taken seriously, it is illegal defiance of constitutional authority.” United States v. Louisiana, 188 F. Supp. 916, 926.

The main basis for challenging this ruling is that the State of Louisiana “has interposed itself in the field, of public education over which it has exclusive control.” This objection is without substance, as we held, upon full consideration, in Cooper v. Aaron, 358 U. S. 1. The others are likewise without merit.

Accordingly, the motions for stay are denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.