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''Swann v. Charlotte-Mecklenburg Board of Education'', 402 U.S. 1 (1971) was a landmark United States Supreme Court case dealing with the busing of students to promote integration in public schools. The Court held that busing was an appropriate remedy for the problem of racial imbalance in schools, even when the imbalance resulted from the selection of students based on geographic proximity to the school rather than from deliberate assignment based on race. This was done to ensure the schools would be "properly" integrated and that all students would receive equal educational opportunities regardless of their race. Judge John J. Parker of the U.S. Court of Appeals for the Fourth Circuit, like many in the South, interpreted Brown as a charge not to segregate rather than an order to integrate. In 1963, the Court ruled in McNeese v. Board of Education and Goss v. Board of Education in favor of integration, and showed impatience with efforts to end segregation. In 1968 the Warren Court ruled in ''Green v. County School Board'' that freedom of choice plans were insufficient to eliminate segregation, thus it was necessary to take proactive steps to integrate schools. In United States v. Montgomery County Board of Education (1969), Judge Frank Johnson’s desegregation order for teachers was upheld, allowing an approximate ratio of the races to be established by a district judge. ==The Facts of the Case== North Carolina was one of the more moderate Southern states, and its resistance to integration was much weaker than in most other areas of the South. After Brown, it had ended segregation with a school assignment plan based on neighborhoods that was approved by the Court. However, when Charlotte consolidated school districts from the city itself with a surrounding area totaling , the majority of black students (who lived in central Charlotte) still attended mostly black schools as compared with majority white schools further outside the city. The NAACP Legal Defense Fund brought the Swann case on behalf of six-year-old James Swann and nine other families, with Julius L. Chambers presenting the case. Swann was chosen because his father was a theology professor, and was thus unlikely to be economically burdened by local retaliation. In 1965, Judge J. Braxton Craven decided ''Swann v. Charlotte-Mecklenburg Board of Education'' in favor of Charlotte-Mecklenburg, because there was no requirement in the Constitution to act purposely to increase racial mixing. After the Green ruling, the Swann case was filed again, and this time taken by Judge James B. McMillan as his first important case on the federal bench. McMillan had at one point been a public opponent of busing to integrate schools, but when the case was presented to him he said that the facts outweighed his feelings, and busing was the only way to fulfill the constitutional requirement of desegregation. Experts from Rhode Island College were brought in for the Plaintiff's side to judge the effectiveness of the school board's new plan. From April to November 1969, McMillan repeatedly ordered the board to revise the plan. The Board eventually submitted a plan rezoning neighborhoods into pie-shaped wedges, where blacks living in the center of Charlotte would be divided up and distributed to outlying, formerly white high schools. The school board's plan required busing and would achieve a black population of 2-36% in all ten of the high schools. Due to the greater number of elementary schools, elaborate gerrymandering was required and would achieve greater integration, but would leave more than half of black elementary students at majority-black schools. The Court rejected the Board's plan in favor of outsider Dr. John Finger's plan. The Finger Plan required busing of an additional 300 black students, established "satellite zones" and required pairing and grouping techniques to achieve even greater integration. As a consequence, McMillan became a local pariah.〔"The Charlotte Mecklenburg Story" http://cmstory.org/content/signs-times#McMillan〕 Chambers' home, office and car were bombed when he first took up the case.〔"The Charlotte Mecklenburg Story" https://web.archive.org/web/20050217014254/http://www.cmstory.org/aaa2/events/70/111e.html〕 When the case was appealed to the U.S. Court of Appeals for the Fourth Circuit, six of the seven judges sat on the case (the last disqualified himself due to prior involvement). The opinion was 3-2-1 that the restructured busing orders should be affirmed for older students, but that it be remanded for those of elementary school age. Two dissenters would have affirmed the whole decision, while one would reverse McMillan’s ruling in its entirety. McMillan decided to follow his original plan for elementary school students after the case was remanded to him. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Swann v. Charlotte-Mecklenburg Board of Education」の詳細全文を読む スポンサード リンク
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