No. The legislation before us flatly forbids assignment of any student on account of race or for the purpose of creating a racial balance or ratio in the schools. Pp. 11 CRS 53458 JOHN ROBERT SWANN Appeal by Defendant from judgment entered 9 April 2012 by Judge Bradley Letts in Superior Court, Henderson County. Fifty years ago, on April 20, 1971, the U.S. Supreme Court issued a landmark ruling in Swann v.Charlotte Mecklenburg Board of Education.The case authorized federal judges to require reluctant school districts to fully desegregate their schools, even if it meant busing students across town. However, the District Court amended its original opinion by withdrawing Part V and entering an order dated June 22, 1970, which enjoined all parties "from enforcing, or seeking the enforcement of," the portion of the statute found unconstitutional. John L. Cheney, Jr., ed., North Carolina Government, 15851974 (1975). The District Court declared unconstitutional a portion of the North Carolina General. STATE of North Carolina v. John Robert SWANN, III. The District Court declared unconstitutional a portion of the North Carolina General Statutes known as the Anti-Busing Law,1 and granted an injunction against its enforcement.2 The proceeding before the three-judge court was an ancillary proceeding connected with the school desegregation case heretofore discussed, Swann v. Charlotte-Mecklenburg, 402 U.S. 1, 91 S.Ct. The 1829 decision of the North Carolina Supreme Court in State v.Mann declared that chattel slaves had no rights from their masters.Thomas Ruffin authored the opinion of the court, in which he asserted the full dominion of the owner over the slave.. Roberts v. Wortham, 17 N.C. 173; Palmer v. Armstrong, ibid., 268; Dickens v. Cotten, 22 N.C. 272; Graham v. Little, 40 N.C. 407; Kirkpatrick v. Rogers, 42 N.C. 44. The board submitted a series of proposals, all rejected by the District Court as inadequate. R. D. W. Connor, History of North Carolina: The Colonial and Revolutionary Periods, 15841783 (1919). 4546. with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. No. The remainder of the order of the District Court is affirmed for the reasons stated in its opinion, 312 F. Supp. In 1968, petitioner Swann moved for further relief based on Green v. County School Board, 391 U. S. 430, which required school boards to "come forward with a plan that promises realistically to work now until it is clear that state-imposed segregation has been completely removed." In addition, certain persons who had brought a suit in state court to enjoin or impede the order of the federal court, the attorneys for those litigants, and state judges who at various times entered injunctions against the school authorities and blocked compliance with orders of the District Court were also joined; a three-judge court was then convened. So far as here relevant, N.C.Gen.Stat. Swann v. Charlotte-Mecklenburg. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Following enactment of the anti-busing statute the plaintiffs in the Swann case obtained leave to file a supplemental complaint which sought injunctive and declaratory relief against the statute. 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