James E. Swann, and Cross-Appellants v. Charlotte-Mecklenburg Board of Education, and Cross-Appellees

The Court commands the Charlotte-Mecklenburg Board of Education to provide busing of pupils to its public schools for “achieving integration”. (Accent added.) “[Achieving integration” is the phraseology used, but actually, achieving racial balance is the objective. Busing to prevent racial imbalance is not as yet a Constitutional obligation. Therefore, no matter the prior or present utilization of busing for this or other reasons, and regardless of cost considerations or duplication of the bus routes, I think the injunction cannot stand.

Without Constitutional origin, no power exists in the…