Johnson v. Board of Ed. of Chicago

Background

A group of applicants challenged the Chicago Board of Education’s voluntary adoption of racial quotas at two high schools. They said the quotas were meant to stop “white flight” and resulted in some Black applicants being denied admission while no white applicants were denied. The District Court upheld the plan, and the Court of Appeals affirmed. Later the Board entered a consent decree in a related federal case promising a systemwide integration plan and announced it had abandoned the quotas, though the appeals court later found the Board had readopted them.

Reasoning

The Supreme Court said the case is not moot and that the later developments do not by themselves undo the appeals court’s earlier decision. But because the Court would review the constitutional challenge from scratch, it found the Board’s subsequent actions might be relevant. The Court therefore granted review, vacated the Court of Appeals’ judgment, and remanded with directions to consolidate this challenge with the ongoing related district proceeding so the lower court can decide the dispute on a full factual record. Vacating the judgment also removes the earlier constraint of the appeals court’s prior statements.

Real world impact

The order sends the dispute back to the trial court for further fact-finding and consolidation with the related case, so applicants, families, and the school board will face additional proceedings rather than a final Supreme Court ruling on the merits. The constitutionality of the racial quotas remains undecided and could change after a fuller record and any further appeals.

Dissents or concurrances

Justice Rehnquist, joined by Justice Marshall, dissented and criticized the Court for not explaining its reasons before vacating and ordering consolidation; Justice Brennan would have granted review for argument, and Justice White did not participate.