COOK ET AL.
v.
HUDSON ET AL.
Per Curiam.
Certiorari was granted to consider the question presented: whether, consistently with the First and Fourteenth Amendments, a Mississippi public school board may terminate the employment of teachers sending their children not to public schools, but to a private racially segregated school.
However, since the grant of certiorari, Runyon v. McCrary, 427 U. S. 160 (1976), held that 42 U.
S. C. § 1981 prohibits private, commercially operated, nonseetarian schools from denying admission to prospective students because they are Negroes.
Moreover, a Mississippi statute, Miss. Code Ann. § 37-9-59 (Supp., 1976), enacted in 1974 after the school board action here complained of, prohibits school boards “from denying employment or reemployment to any person . . . for the single reason that any eligible child of such person does not attend the school system in which such [person] is employed.” Though § 37-9-59 was cited in the record at the time of granting the writ, examination of the merits on oral argument in light of Runyon v. McCrary and § 37-9-59 satisfies us that the grant was improvident.
Accordingly, the writ of certiorari is dismissed as improvidently granted. Cf. Rice v. Sioux City Cemetery, 349 U. S. 70 (1955).
Mr. Chief Justice Burger,
concurring in the result.
I join in the Court’s disposition of this case. In doing so, I emphasize that our decision to dismiss the writ of certiorari as improvidently granted intimates no view on the question of when, if ever, public school teachers — or any comparable public employees — may be required, as a condition of their employment, to enroll their children in any particular school or refrain from sending them to a school which they, as parents, in their sole discretion, consider desirable. Few familial decisions are as immune from governmental interference as parents’ choice of a school for their children, so long as the school chosen otherwise meets the educational standards imposed by the State. See Pierce v. Society of Sisters, 268 U. S. 510 (1925); Meyer v. Nebraska, 262 U. S. 390 (1923); Wisconsin v. Yoder, 406 U. S. 205 (1972).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kremens v. Bartley, 431 U.S. 119 (U.S. 1977)…the Court — a remand for consideration in light of intervening law — is regularly ordered in one or two short paragraphs without such fanfare or gratuitous discussion. See, e. g., Philadelphia v. New Jersey, 430 U. S. 141 (1977); cf. Cook v. Hudson, 429 U. S. 165 (1976). I do not express this objection to the Court’s opinion due to a concern for craft alone. Jurisdictional and procedural matters [*140] regularly dealt with by the Court often involve complex and esoteric concepts. An opinion that is likely t…
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Mrs. Tobie Brantley v. M.F. Surles, 718 F.2d 1354 (5th Cir. 1983)…secondary to the rights of parents “to provide an equivalent education for their children in a privately operated school of [their] choice.” Norwood v. Harrison, 413 U.S. 455, 461, 93 S.Ct. 2804, 2808, 37 L.Ed.2d 723 (1973). See also Cook v. Hudson, 429 U.S. 165, 166, 97 S.Ct. 543, 543, 50 L.Ed.2d 373 (1976) (Burger, C.J., concurring in dismissal of writ of certiorari). The record before us contains no suggestion that the private school involved failed to satisfy Mississippi’s minimum educational standards…1 / 3
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Stough v. Crenshaw Cnty. Bd. OF Educ.: John Rex Sport, 744 F.2d 1479 (11th Cir. 1984)…t performs through its employees.” Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 1731, 1734, 20 L.Ed.2d 811 (1968). The school board argues that this issue is governed by Cook v. Hudson, 511 F. 2d 744 (5th Cir.1975), cert. dismissed, 429 U.S. 165, 97 S.Ct. 543, 50 L.Ed.2d 373 (1976). In that case a panel of the former Fifth Circuit addressed a similar situation in Mississippi and affirmed the lower court’s ruling against the teachers. While Cook is binding precedent for this court, see Bonne…1 / 2
Authorities Cited
- Wisconsin v. Yoder, 406 U.S. 205 (U.S. 1972)
- Meyer v. State of Neb., 262 U.S. 390 (U.S. 1923)
- Pierce v. Soc'y of Sisters, 268 U.S. 510 (U.S. 1925)
- Runyon et ux. v. McCrary, 427 U.S. 160 (U.S. 1976)
- Rice v. Sioux City Mem'l Park Cemetery, Inc., 349 U.S. 70 (U.S. 1955)