VETTERLI Et Al. v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Et Al.
Headline: School board challenge denied as Justice Rehnquist refuses to pause a lower-court order, finding it did not reimpose a ban on majority-minority schools and avoids forcing annual student reassignments.
Holding: The Justice refused to stay the lower-court order, finding it did not reimpose the Spangler "no majority" requirement and therefore did not require the school board to resume annual student reassignments.
- Prevents the board from being forced into annual systemwide student reassignments.
- Leaves the district’s assignment method frozen as of October 21, 1977 while proceedings continue.
- Allows the board to seek review if the court later reimposes the 'no majority' rule.
Summary
Background
A group of members of the Pasadena City Board of Education asked a Justice to pause a lower court order while they sought a special court review. The dispute traces back to a 1970 desegregation order that once included a "no majority" rule saying no school should have a majority of any minority students. This Court’s 1976 decision in Spangler limited how that rule could be enforced. The District Court struck the "no majority" language in July 1977, but later issued a February 1978 order freezing the district’s student assignment method as of October 21, 1977, prompting the board to seek relief.
Reasoning
The key question was whether the February 28 order effectively reimposed the forbidden "no majority" requirement. Justice Rehnquist examined the record and noted the July 1, 1977 order that removed the "no majority" provision. He concluded the February order simply prohibited changes to the assignment method in effect on October 21, 1977, a date after the elimination of the "no majority" language. A brief, offhand courtroom comment did not show the judge meant to reinstate that rule. Because the record showed no clear conflict with Spangler, Rehnquist refused to issue the requested stay.
Real world impact
As a result, the school board is not immediately forced to carry out annual reassignments to prevent any school from having a majority of minority students. The February 28 order remains in effect while the case proceeds, and the board’s claim of likely irreparable harm was not accepted. If the District Court later clearly reimposes the "no majority" rule, the board can seek further review.
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