Ross v. Eckels’s Empirical Analysis

Citation profile

19 federal appellate ·

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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is rapidly becoming apparent that despite express disclaimers (See Singleton v. Jackson Municipal Separate School Dist., 426 F.2d 1364 (5th Cir. 1970) (Footnote 5), the special school case panels of this circuit are now out ahead of the requirement laid down by the Supreme Court and have adopted sub silento some unmentionable standard of numerical pupil racial balance to govern the affirmance or reversal of school case decisions (citing cases). For the good of the schools and pupils of this circuit, I for one do not understand why the ‘magic figures’ must remain a mystery enshrouded in nebulous phrasing that says that the plan adopted is ‘ineffective’ or ‘unacceptable’. ■ “The true principle that underlies the reversal of the district court here is that the neighborhood school system ordered for Houston did not achieve that degree of racial balance some judges of this circuit have declared is ‘enough’. We do nothing but delude ourselves when we adopt such a premise. Like chasing the pot of gold at the end of the rainbow, this reasoning embarks us on a course without end. Unless someone would be boldly foolish enough to assert that courts can deprive school district patrons of their freedom, then it follows as the night follows the day that the courts will never finish litigating such ‘numbers game’ cases.””

   1 later decision quote this exact passage · from the majority
   e.g. 366 F. Supp. 813 - Morales v. Shannon

2. “. there are areas within the city limits of Houston that are not included within the boundaries of the school district. Is the equal protection clause of the Constitution too impotent to reach the all-white cut-glass set in Spring Branch and the predominantly Negro area in Northeast Houston? Indeed, why would a document as all-pervasive as our Constitution allow the imaginary boundary lines of Pasadena or Galena Park (or even the contiguous all-white Alief or Katy Districts) to thwart racial balance if that balance be constitutionally required?”

   1 later decision quote this exact passage · from the majority
   e.g. 457 F. Supp. 18 - Ross v. Houston Independent School District

3. ““In the conversion from dual school systems based on race to unitary school systems, the continued existence of all-black or virtually all-black schools is unacceptable where reasonable alternatives exist.... The tenor of our decisions is unmistakable: where all-black or virtually all-black schools remain under a zoning plan, but it is practicable to desegregate some or all of the black schools by using the tool of pairing, the tool must be used.””

   1 later decision quote this exact passage · from the majority
   e.g. Price v. Denison Independent School District