Potter Stewart

Name: Turner v. Fouche — Opinion of the Court
Author: Potter Stewart

Summary

“Turner v. Fouche — Opinion of the Court”, is a work by Potter Stewart. It explores elements such as jury, the District Court and Taliaferro County.

Quotes from Turner v. Fouche — Opinion of the Court (Potter Stewart)

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ It cannot be seriously urged that a citizen in all other respects qualified to sit on a school board must also own real property if he is to participate responsibly in educational decisions, without regard to whether he is a parent with children in the local schools, a lessee who effectively pays the property taxes of his lessor as part of his rent, or a state and federal taxpayer contributing to the approximately 85% of the Taliaferro County annual school budget derived from sources other than the board of education's own levy on real property. ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ Nor does the lack of ownership of realty establish a lack of attachment to the community and its educational values. However reasonable the assumption that those who own realty do possess such an attachment, Georgia may not rationally presume that that quality is necessarily wanting in all citizens of the county whose estates are less than freehold. [29] Whatever objectives Georgia seeks to obtain by its 'freeholder' requirement must be secured, in this instance at least, by means more finely tailored to achieve the desired goal. ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ The appellants urge that those decisions require Georgia to demonstrate a 'compelling' interest in support of its freeholder requirement for school-board membership. The appellees reply that Kramer and Cipriano are inapposite because they involved exclusions from voting, not from office-holding. We find it unnecessary to resolve the dispute, because the Georgia freeholder requirement must fall even when measured by the traditional test for a denial of equal protection: whether the challenged classification rests on grounds wholly irrelevant to the achievement of a valid state objective. ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ Some 2,500 to 3,000 people live in Taliaferro County, Georgia, of whom about 60% are Negroes. [5] The county school system consists of a grammar school and a high school, and all the students at both schools are Negroes, every white pupil having transferred elsewhere. [6] Sandra and Calvin Turner, a Negro schoolchild and her father who reside in that county, brought this class action against the members of the county board of education, the jury commissioners, and three named white grand jurors. [7] Their complaint alleged that the board of education consisted entirely of white people ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ The appellants insist the District Court has erred. They say that since the grand jury selects the board of education, the situation must be viewed as one involving a distribution of voting power among the citizens of Taliaferro County in the manner of a voting apportionment case. A grand jury with only about 25% Negro membership, they say, constitutes the school-board 'electorate' in a county whose population is about 60% Negro. ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ It is undisputed that some white pupils now attend a private institution in the county. In addition, the appellants suggest that white children continue to attend public schools in neighboring counties. Efforts to combine districts to avoid an all-Negro school system in Taliaferro County have proved unsuccessful.↑ The District Court struck the grand jurors as parties defendant for failure of the appellants to state as against them a claim upon which relief could be granted. ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ The complaint charged that the board of education had deprived the Negro schoolchildren of textbooks, facilities, and other advantages; also that the Turners and other Negro citizens had sought unsuccessfully to communicate their dissatisfaction to the board of education. ”

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Source: Wikisource

Potter Stewart, Turner v. Fouche — Opinion of the Court

“ After the February hearing of the District Court, and at that court's request, the commissioners classified by race the persons eliminated from the voter list in arriving at the 608 persons eligible for jury service. The classification revealed that 171 of those rejected as unintelligent or not upright were Negroes-96% of the total removed for that reason. ”

Potter Stewart

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