Legal Opinion
Newburg Area Council, Inc. v. Board of Education of Jefferson County, Kentucky, Department of Education of the Commonwealth of Kentucky
Court of Appeals for the Sixth Circuit
Decided August 14, 1978No. 76-1989PublishedCited by 1 opinion
1Opinion of the Court
PHILLIPS, Chief Judge.
This appeal involves the constitutionality of a Kentucky statute which conflicts with a court ordered 1 desegregation plan in Jefferson County, Kentucky. The district court declared the statute unconstitutional as applied to Jefferson County. We agree with the decision of the district court.
In April, 1978, plaintiffs, Newburg Area Council, Inc., filed a motion for a declaratory judgment asking the district court to declare unconstitutional as applied to Jefferson County, Kentucky, an amendment to K.R.S. 159.070, House Bill 193, which provides:
Within the appropriate…
2Cases cited15 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Phillips v. United StatesSupreme Court of the United States · 1941
- North Carolina State Board of Education v. SwannSupreme Court of the United States · 1971
- Board of Regents v. New Left Education ProjectSupreme Court of the United States · 1972
- Schneider v. RuskSupreme Court of the United States · 1963
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Joslin v. BOARD OF EDUC. OF FAYETTE COUNTY, KY.District Court, E.D. Kentucky · 1983