DAYTON BOARD OF EDUCATION v. BRINKMAN Et Al.

Background

The Dayton Board of Education asked a Justice to pause (stay) the Sixth Circuit’s judgment and mandate about the school district’s desegregation plan. Mr. Justice Stewart denied that request in an in-chambers opinion, noting a related case, Columbus Board of Education v. Penick, in which a stay had been granted on August 11, 1978. The applicant sought the same relief for Dayton while the courts consider the dispute.

Reasoning

The key question was whether the Court should pause the lower court’s order while the case is considered. Mr. Justice Stewart emphasized a practical difference: Columbus had never been under a desegregation remedy, but Dayton was about to begin the third year under its current plan on September 7. In Columbus a stay preserved the status quo; in Dayton, the only way to preserve the status quo was to deny a stay. To avoid disrupting the school system during review, Stewart concluded the stay should be denied. Justice Rehnquist agreed with that reasoning and denied the application. The denial does not express any view on the underlying merits of the desegregation issues.

Real world impact

The immediate effect is that Dayton will continue operating under its current desegregation plan while appeals proceed, avoiding sudden changes to school operations or student assignments. This decision is procedural only and does not resolve the underlying legal disputes about the desegregation plan; those questions remain for later review.

Dissents or concurrances

Mr. Justice Stewart wrote the in-chambers opinion explaining the practical distinction from Columbus, and Justice Rehnquist expressly agreed with that disposition.