The Municipal Schools and the Federal Courts

Education, Politics, Schools

Does the formation of municipal schools in Shelby County violate Federal court orders pertaining to the rights of Black children to attend integrated schools? It certainly seems to, based on this quote from the Supreme Court’s holding in Cooper vs. Aaron (1958): In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation whether attempted “ingeniously or ingenuously.” Smith v. Texas, 311 U. S. 128, 311 U. S. 132.
Now it is obvious that the formation of municipal school districts is not a DIRECT attempt at nullifying Brown vs. Board of Education. But it is the second phrase that is more concerning- “nor nullified INDIRECTLY by them through evasive schemes for segregation whether attempted “ingeniously or ingenuously.” In other words, in the light of Cooper vs. Aaron, actions that would ordinarily be perfectly lawful and constitutional are not if they result in school segregation. And the courts in my opinion cannot merely look at how diverse the new municipal districts would be. By that standard, Millington, Bartlett and Germantown would likely pass constitutional muster, although I still am not sure how many of those communities’ current Black students actually reside in those towns. Arlington, Lakeland and Collierville will likely run into problems on the diversity issue within their own districts.
But courts in the past have also looked at the effect the new districts would have on the district that is being left behind, namely the Shelby County Schools. And nobody has denied that the net effect of the new districts will be to leave SCS almost entirely Black and Hispanic, which is a clear violation of those children’s rights under Brown vs. Board and related cases, including Northcross vs. Memphis Board of Education. The municipal district supporters claim their motives have nothing to do with race, and if that indeed is the case, they should be prepared to prove it in court, not only by agreeing to allow all students who currently attend suburban schools to continue to do so, but also by agreeing to allow a certain number of inner city Memphis children into the new districts. Both would greatly increase the likelihood of Federal court approval for the municipal districts. But I doubt that suburban residents will support either, particularly when a certain Arlington municipal booster is making threats to limit enrollment to Arlington residents only unless their district is given the school buildings for free.