Avent v. North Carolina

Background

This case involved Avent and others against the State of North Carolina, brought to the Supreme Court after review of the North Carolina Supreme Court’s decision. The case was argued in November 1962 and decided on May 20, 1963. Counsel for the defendants included Jack Greenberg and several colleagues; the State was represented by an Assistant Attorney General, and the Solicitor General of the United States participated as an outside adviser urging reversal.

Reasoning

The Supreme Court did not issue a final ruling on the underlying dispute. Instead, it vacated—that is, set aside—the judgment of the North Carolina court and sent the case back to that court for further consideration. The Court directed the state court to reconsider the matter in light of the Court’s decision in Peterson v. City of Greenville, which the opinion specifically references. The United States, through the Solicitor General acting as amicus, had urged that the lower judgment be reversed.

Real world impact

Practical effects fall first on the people directly involved: the state court must reevaluate the case, so the result the parties thought final is no longer settled. The Supreme Court’s action is procedural and not a determination of the merits, so the ultimate outcome may change after the state court’s reconsideration. The federal government’s participation shows a national interest but does not itself decide the case’s result.

Dissents or concurrances

The opinion notes a separate opinion by Mr. Justice Harlan referenced elsewhere, which readers may consult for additional viewpoints on the Court’s action.