United States v. Texas Education Agency

File — Folder: 1

Identifier: Folder 1

Staff Only

No. 71-2508; 467 F.2d 848 (1972), motion for clarification den. 470 F.2d 1001 (1973), later appeal 532 F.2d 380, reh. den. 533 F.2d 1135, vac'd Austin Independent School District v. United States, 429 U.S. 990 (1976), on remand United States v. Texas Education Agency, 564 F.2d 162 (1977), reh. den. 579 F.2d 910 (1978), cert. den. Austin Independent School District v. United States, 443 U.S. 915 (1979). Judge Wisdom first circulated a proposed opinion to Judges Coleman and Simpson, both on the panel in this case, then to Chief Judge Brown, and to Judges Gewin, Goldberg and Dyer, the panel originally to have heard. Cisneros v. Corpus Christi Independent School District, 467 F.2d 142 (1972) and [Flax v. Potts, 464 F.2d 865 (1972)]. All with one exception of Judge Coleman agreed with the opinion, and Judge Simpson concurred in it. The opinion was then circulated to the remaining judges, and it was voted. Judge Thornberry having excused himself, to reconsider the case en banc. The opinion was revised subsequent to the en banc conference, to meet suggestions there made. Includes original opinion of Judge Wisdom: TLS of Judge Wisdom on his proposed opinion, on the speech and proposed legislation of President Nixon of March 16, 1972, and on release of the opinion in view of the President's speech. Also includes ANS of Judge Simpson on the opinion and on its circulation among the entire court prior to release as appropriate, on the policy of so circulating school opinions, generally, and referring to the Nixon speech; and, TLS of Judge Wisdom on the prompt release of the opinion as desireable. And includes TL of Judge Wisdom on clarification of the opinion made at the request of Judge Gewin: TL (draft bearing holograph revisions, only) of Judge Wisdom on the merits, the opinion, the decision to consider the case en banc, and on the position of Judge Bell [as set out in his memorandum of April 7, 1972 --not in file]; TLS of Judge Bell on the merits and the proposed opinion, and, TL (draft bearing holograph revisions, only) of Judge Wisdom on the Bell TLS. And includes memoranda of Judge Wisdom on revisions made in the opinion subsequent to en banc consideration; and, TLS of Judge Wisdom on the revised opinion and on its prompt releasa as desireable. And includes TL of Judge Ingraham on Acree v. County Board of Education of Richmond County, Georgia, 459 F.2d 486 (1972). SEE ALSO Box 249; Box 365, Folder 1; Box 365, Folder 2; Box 375; Box 378