Ralph Stell v. Savannah-Chatham County Board of Education and Lawrence Roberts, Carolyn Eleanor Harris v. Linda Sue Gibson, Glynn County Board of Education v. Linda Sue Gibson’s Empirical Analysis
333 F.2d 55 · 1964
Citation profile
56 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 84 later decisions — most recently March 2008 · most notably United States v. Jefferson County Board of Education (1966), United States v. Jefferson County Board of Education (1967)
56 federal appellate · 2 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Brown et al. v. Board of Education of Topeka et al. · Brown v. Board of Education · McNeese v. Board of Education for Community Unit School District 187 Cahokia · Glidden Company v. Zdanok Et Al. · Cooper v. Aaron
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In this connection, it goes without saying that there is no constitutional prohibition against an assignment of individual students to particular schools on a basis of intelligence, achievement or other aptitudes upon a uniformly administered program but race must not be a factor in making the assignments. However, this is a question for educators and not courts.” ( 333 F.2d 55 , 61, 62)”
3 later decisions quote this exact passage · from the majority“[T]he District Court was bound by the decision of the Supreme Court in Brown. We reiterate that no inferior federal court may refrain from acting as required by that decision even if such a court should conclude that the Supreme Court erred either as to its facts or as to the law. * * Thus was the Savannah case ended then, and there it must end now. We do not read the major premise of the decision of the Supreme Court in the first Brown case as being limited to the facts of the cases there presented. We read it as proscribing segregation in the public education process on the stated ground that separate but equal schools for the races were inherently unequal. This being our interpretation of the teaching of that decision, it follows that it would be entirely inappropriate for it to be rejected or obviated by this court. See Brown v. School District No. 20, Charleston, E.D.S.C., 1964, 226 F.Supp. 819, affirmed, 4 Cir., 1964, 328 F.2d 618 [Cert. denied 379 U.S. 825, 85 S.Ct. 52, 13 L.Ed.2d 351; Youngblood v. Board of Public Instruction of Bay County, N.D.Fla., 1964, 230 F.Supp. 74; and see also our opinion this date rendered in Armstrong v. Board of Education of City of Birmingham, 5 Cir., 333 F.2d 47 .”
2 later decisions quote this exact passage · from the majoritye.g. Jackson Municipal Separate School District v. Darrell Kenyatta Evers, Biloxi Municipal Separate School District v. Gilbert R. Mason, Jr., Leake County School Board v. Dian Hudson · Ralph Stell, a Minor, by L. S. Stell, Jr., His Father and Next Friend, and United States of America v. Board of Public Education for the City of Savannah and the County of Chatham, Board of Public Education for the City of Savannah and the County of Chatham v. Ralph Stell, a Minor, by L. S. Stell, Jr., His Father and Next Friend, and United States of America““Plans providing for the integration of only one grade a year are now rare; and the possibility of judicial approval of such a grade-a-year plan has become increasingly remote due to the passage of time since the Brown decisions. * * * The 12th grade of the Birmingham School System was desegregated as ordered by the Court, using the Alabama Pupil Placement Law, during the year 1963. Commencing with the opening of school in September of 1964, this plan must be expanded to include the 10th and 11th grades in addition <to the 12th grade. Commencing with the opening of school in September of 1965, the plan must be applied to the 9th grade and continue thereafter with one grade a year until the plan applies to the 8th and 7th grades, thus making it applicable to all high school grades. The plan will be applied to one grade per year in the elementary schools, commencing with the 1st grade in September, 1964, and shall continue thereafter at the rate of one additional grade per year in the elementary schools until the plan is applied to all elementary school grades. The dual or bi-racial school attendance system, that is, any separate attendance areas, districts or zones, shall be abolished as to each grade to which the plan is applied ancb-'at the time of the application thereof to such grades, and thereafter to additional grades as the plan progresses.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.