Opinion · Supreme Court of the United States
Moore v. Charlotte-Mecklenburg Board of Education
Moore v. Charlotte-Mecklenburg Bd. of Educ., 28 L. Ed. 2d 590 (1971)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1971-04-20
- Topic
- general
holding that no Article III case or controversy exists where the parties to an action desire “precisely the same result” | finding “no case or controversy within the meaning of Art. III” where both parties agreed the law was constitutional and required setting aside a district court order | dismissing case when both sides argued that a law was constitutional and should be upheld | finding no case or controversy under Article III of the United States Constitution where “both litigants desire[d] precisely the same result” | finding no “case or controversy” where both parties to the suit had.argued that the statute was constitutional and urged that a desegregation order be set aside | considering “the anomaly that both litigants desire precisely the same result, namely a holding that the anti-busing statute is constitutional,” and holding “[t]here is, therefore, no case or controversy within the meaning of Art. III of the Constitution” | both parties to the lawsuit jointly sought a judicial determination that an anti-busing statute was unconstitutional | no case or controversy where both parties argued that statute was constitutional | If “both litigants desire precisely the same result,” then “no case or controversy” persists. | case dismissed based on lack of case or controversy where both sides argued that an anti-busing law was constitu- tional, thus “confront[ing]” the Court “with the anomaly that both litigants desire precisely the same result” | case dismissed based on lack of case or controversy where both sides argued that an anti-busing law was constitutional, thus “con- front[ing]” the Court “with the anomaly that both litigants desire precise- ly the same result”
Citator
- Cited by
- 38 opinions
Appellants seek review of the decision of the United States District Court for the Western District of North Carolina declaring a portion of the North Carolina anti-busing statute unconstitutional, and enjoining its enforcement. It is a companion case to No. 498, North Carolina State Board of Education v. Swann, ante, p. 43. We postponed decision on the question of jurisdiction, 400 U. S. 803 (1970), and after hearing on the merits we now dismiss the appeal for lack of jurisdiction.
At the hearing both parties argued to the three-judge court that the anti-busing law was constitutional and urged that the order of the District Court adopting the Finger plan should be set aside. We are thus confronted *48 with the anomaly that both litigants desire precisely the same result, namely a holding that the anti-busing statute is constitutional. There is, therefore, no case or controversy within the meaning of Art. Ill of the Constitution. Muskrat v. United States, 219 U. S. 346 (1911). Additionally, since neither party sought an injunction to restrain a state officer from enforcing a state statute alleged to be unconstitutional, 28 U. S. C. § 2281, this is not an appeal from “any civil action, suit or proceeding required ... to be heard ... by a district court of three judges,” 28 U. S. C. § 1253, and hence no direct appeal to this Court is available.
Dismissed.