Board of Ed. Of Los Angeles v. Superior Court, 448 U.S. 1343 (1980)

Board of Ed. of Los Angeles v. Superior Court


No. A-214


Decided September 12, 1980
448 U.S. 1343

ON APPLICATION FOR STAY

Syllabus

An application to stay, pending consideration of a petition for certiorari, the California Supreme Court’s order which left standing a lower court’s order requiring mandatory reassignment and busing of upwards of 80,000 first- through ninth-grade students attending approximately 165 elementary and junior high schools in the Los Angeles school system, is denied. Although this Court would probably have jurisdiction over the present action should a petition for certiorari be filed by the applicant Board, nevertheless it is unlikely that four Justices of this Court would vote to grant certiorari in this case, and a stay granted less than a week before the scheduled opening of school, when school officials and state courts are still trying to put in place the final pieces of a desegregation plan, would not be a proper exercise of the function of a Circuit Justice.