Today in Supreme Court History: September 5

captcrisis
Sep 5, 2023
1 min read

Moore v. Brown, 448 U.S. 1335 (decided September 5, 1980): Rehnquist refuses to stay injunction requiring Mobile, Alabama school board to be elected by district (instead of traditional at-large); at-large system was not facially discriminatory because it was instituted in 1826, and District Court erroneously pointed to the effect of excluding blacks, as opposed to the intent, but the parties had agreed to hold district election for now and can return to at-large later if appeal succeeds (the Court ended up agreeing with Rehnquist via a companion case, 446 U.S. 55, 1980)

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