United States v. Jefferson County Board of Education

File — Folder: 3

Identifier: Folder 3

Staff Only

Judge Rives, not a member of the en banc court in Jefferson, heard argument in Broussard v. Houston Independent School District, 395 F.2d 917 (1968), on reh'g 403 F.2d 34 (1968), and was scheduled to hear argument in Lee v. Macon County Board of Education, 267 F.Supp. 458 (M.D.Ala. 1967) (three-judge court) and Alabama NAACP State Conference of Branches v. Wallace, 269 F.Supp. 346 (N.D.Ala. 1967) (three-judge court), involving issues similar to those presented in Jefferson. Not in agreement with the Jefferson opinion, he was faced with the decision of waiting for the en banc decision in Jefferson, or proceeding with the MaconÃ¢Â€Âƒ County/ Alabama NAACP and Broussard cases. Judge Bell suggested that the three-judge opinions be released when ready; Chief Judge Tuttle suggested that they be withheld pending Jefferson. Includes TLS (7), TL and memorandum of Judge Rives, TLS of Judge Wisdom, TLS of Judge Bell, and TLS of Chief Judge Turtle on the Wisdom opinion in Jefferson and on disposition of Macon County, Alabama NAACP and Broussard in light of Jefferson. Also includes TLS of Judge Rives, TLS of Judge Gewin and TLS of Chief Judge Tuttle on the exchange of transcripts of oral argument held in Jefferson and the three-judge cases among the judges who heard them.