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Court Tries Legality Of Consolidation

News Analysis

By LAURA HAMMEL

The Richmond
school consolidation
case, a landmark trial now
before the Supreme Court, will
determine once and for all the
constitutionality of crossing
political boundary lines for
desegregation purposes.

The Supreme Court case
follows a decision by U.S.
District Court Judge Robert R.
Merhige Jr. ordering a merger
of the Richmond school
district with the districts of
Henrico and Chesterfield
counties, saying that
desegregation in Richmond
schools is impossible within
only the city limits.

Mr. Merhige's decision was
reversed by the Fourth U.S.
Circuit Court of Appeals which
claimed Mr. Merhige was
attempting to restructure local
government in defiance of the
tenth Amendment.

Government Prof. Henry J.
Abraham commented on the
final appeal to the Supreme
Court saying, "The big issue in
this case is one involving the
meaning of federalism in the
1970's."

"If we are a federal country
still," Mr. Abraham asked,
"can states be told they must
ignore their historic right to
draw county lines?"

Unconstitutional

"If boundaries are drawn
on racial lines then that is
unconstitutional," Mr.
Abraham declared. "However,
the question arises when the
boundaries are drawn on
purely residential lines which
happen to involve racial
communities."

"In the absence of clear cut
racial discrimination as such,
the issue is can the courts tell
the states not to draw lines a
certain way if there are racial
divisions," Mr. Abraham said.

"We know that segregation
is unconstitutional," he
continued, "but can you
compel states to redraw county
lines to achieve aims which
might be nice without the
clear-cut evidence."

Mr. Abraham is concerned
that if the Supreme Court
upholds the constitutionality
of the county school district
merger "then an interstate
merger of school districts may
be the next step."

Robert J. Harris, James
Hart professor of government,
agreed with Mr. Abraham that
"the Supreme Court case is full
of serious implications for
federal and local government."

Mr. Harris cited the
Charlotte Mecklenburg County
court case which sustained the
local court's decision to
implement busing. According
to Mr. Harris, the court did say
that busing is not required to
achieve racial balance.

"Racial balance is not
required by the Constitution
under the present court
decisions," Mr. Harris added.
"Racial imbalance may be part
of constitutional
discrimination."

The Supreme Court's
decision is expected within the
next two months, before the
court's final recess.