Supreme Court of the United States

Richmond School Board v. Board of Educ.

1973 U.S. LEXIS 68 · 36 L. Ed. 2d 771 · 412 U.S. 92 · 93 S. Ct. 1952

October 9, 1973 · Docket 72-549

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Headnotes

Generated summaries

Headnote 1
In Richmond School Board v. Board of Educ., the Court noted that the judgment was affirmed by an equally divided Court, demonstrating the application of the equal‑division rule under Rule 21 of the Supreme Court Rules.
Headnote 2
The Court issued a per curiam order and affirmed the judgment without a written opinion, indicating that no substantive legal rule was addressed in Richmond School Board v. Board of Educ.
Headnote 3
28.14.9 Education Law > School Finance and Education Funding Law > School Finance Adequacy Law
In Richmond School Board v. Board of Educ., the Court affirmed the Fourth Circuit’s judgment because the justices were equally divided, issuing only a per curiam order and thereby applying the equal‑division rule found in Rule 21 of the Supreme Court Rules.
Headnote 4
28.14.9 Education Law > School Finance and Education Funding Law > School Finance Adequacy Law
The Court’s per curiam order affirming the lower‑court judgment without discussion of the underlying issues demonstrates that no substantive issue was decided in Richmond School Board v. Board of Educ.
Headnote 5
28.14.10 Education Law > School Finance and Education Funding Law > School Finance Equity Law
The Court’s per curiam order stated that the judgment is affirmed by an equally divided Court, reflecting the application of the equal‑division rule without further analysis.
Headnote 6
28.14.10 Education Law > School Finance and Education Funding Law > School Finance Equity Law
The decision was released as a per curiam order, indicating no authored opinion was prepared because the Justices were split evenly, resulting in an affirmed judgment.

Opinion

412 U.S. 92 (1973)

SCHOOL BOARD OF CITY OF RICHMOND, VIRGINIA, ET AL.
v.
STATE BOARD OF EDUCATION OF VIRGINIA ET AL.

No. 72-549.

Supreme Court of United States.

Argued April 23, 1973. Decided May 21, 1973.^[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.

George B. Little argued the cause for petitioners in No. 72-549. With him on the briefs was Conrad B. Mattox, Jr. William T. Coleman, Jr., argued the cause for petitioners in No. 72-550. With him on the briefs were Jack Greenberg, James M. Nabrit III, Norman J. Chachkin, Louis R. Louis, William L. Taylor, and Anthony G. Amsterdam.

Philip B. Kurland argued the cause for respondents in both cases. With him on the brief were Edward I. Rothschild, Andrew P. Miller, Attorney General of Virginia, William G. Broaddus and D. Patrick Lacy, Jr., Assistant Attorneys General, Frederick T. Gray, Walter E. Rogers, J. Segar Gravatt, R. D. McIlwaine III, L. Paul Byrne, and J. Mercer White, Jr.

Solicitor General Griswold argued the cause for the United States as amicus curiae urging affirmance in both cases. With him on the brief were Assistant Attorney General Pottinger, A. Raymond Randolph, Jr., Brian K. Landsberg, and John C. Hoyle.^[]

PER CURIAM.

The judgment is affirmed by an equally divided Court.

MR. JUSTICE POWELL took no part in the consideration or decision of these cases.

NOTES

[*] Together with No. 72-550, Bradley et al. v. State Board of Education of Virginia et al., also on certiorari to the same court.

[] Briefs of amici curiae urging reversal in both cases were filed by Stephen J. Pollak, Richard M. Sharp, and David Rubin for the National Education Association, and by Melvin L. Wulf, Sanford Jay Rosen, and Philip Hirschkop for the American Civil Liberties Union et al. Margie Pitts Hames filed a brief for the Black Parents of Atlanta, Georgia, as amicus curiae urging reversal in No. 72-550.

Briefs of amici curiae urging affirmance in both cases were filed by David I. Caplan for the Jewish Rights Council, and by Harold H. Fuhrman for the National Suburban League, Ltd. Charles S. Conley and Floyd B. McKissick filed a brief for the Congress of Racial Equality as amicus curiae urging affirmance in No. 72-549.

Case brief

Citation data as of July 25, 2026

Summary

The School Board of the City of Richmond and related local officials sued the Virginia State Board of Education, claiming the state board’s actions violated the board’s rights, though the opinion does not specify the precise legal theory or relief sought. The United States, through the Solicitor General, intervened as amicus supporting affirmation of the lower‐court decision. The case came from the Fourth Circuit, which had entered a judgment whose substance is not detailed in the opinion. The Richmond school board petitioned the United States Supreme Court for a writ of certiorari, and the Court granted review, heard oral argument, and then Justice Powell recused himself. With the remaining eight Justices dead‐locked, the Court applied Rule 21, which provides that an equally divided Court affirms the judgment of the lower court and issues no substantive opinion. Accordingly, the per curiam opinion simply affirmed the Fourth Circuit’s ruling and did not address any merits‐based questions. No Justice authored a separate concurrence or dissent, and the decision contains no new substantive rule of law. The case therefore stands as authority that an equally divided Supreme Court automatically affirms the lower‐court judgment without further analysis.

Updated July 25, 2026

Statement of Facts

The petitioners were the School Board of the City of Richmond, Virginia, and related local officials, while the respondents were the State Board of Education of Virginia and its officials. Both parties were governmental entities charged with administering public education; the school board operated the Richmond city schools, and the state board exercised statewide supervisory authority over public schools. The United States, through the Solicitor General, intervened as amicus curiae urging affirmation of the lower court’s judgment. The case arose on appeal from the United States Court of Appeals for the Fourth Circuit. The petitioners sought review of that court’s decision, contending that the state board’s actions violated the petitioners’ rights, although the opinion does not specify the precise legal claim or the substantive relief requested. The respondents, the State Board of Education, defended the lower court’s ruling; the opinion does not detail any affirmative defenses or counterclaims raised. The Supreme Court affirmed the appellate judgment by an equally divided Court, with Justice Powell recusing himself from consideration. No further factual or procedural particulars concerning the underlying dispute are set forth in the opinion.

Updated July 25, 2026

Procedural History

United States Court of Appeals for the Fourth Circuit – The case first reached the Fourth Circuit, which entered a judgment (the opinion does not state the substance of that judgment, the relief granted, or whether any monetary award was made).
Petition for Certiorari to the United States Supreme Court – The School Board of the City of Richmond (petitioners) filed a petition for a writ of certiorari, seeking review of the Fourth Circuit’s decision. The petitioners argued that the State Board of Education’s actions violated their rights (the opinion does not specify the precise legal theory or the relief sought).
Supreme Court of the United States – The Supreme Court granted certiorari, heard oral argument, and issued an opinion per curiam. The Court affirmed the Fourth Circuit’s judgment by an equally divided vote; Justice Powell recused himself. No monetary damages or specific remedial relief were addressed by the Supreme Court.

The opinion provides no detail on the Fourth Circuit’s ruling, any damages awarded, or the exact grounds of the petitioners’ appeal beyond a general claim of rights violations; consequently, the procedural record is incomplete and ambiguous.

Updated July 25, 2026

Issues

Updated July 25, 2026

Judgment

The Supreme Court affirmed the Fourth Circuit’s judgment, the affirmation resulting from an equally divided Court (Justice Powell recused himself). No further procedural action was ordered.

Updated July 25, 2026

Holding

Substantive Issue – The Court does not create or articulate any substantive rule of law when it resolves a case solely on procedural grounds and therefore does not reach the merits of the parties’ underlying claims.

Procedural Issue – When the United States Supreme Court is equally divided on a petition for certiorari, the Court affirms the judgment of the lower court without further analysis, and no substantive opinion is issued.

Updated July 25, 2026

Rule of Law

Equal‐Division Rule of the Supreme Court – When the United States Supreme Court is equally divided on a petition for certiorari (or on the merits of a case), the Court affirms the judgment of the lower court and issues no substantive opinion. The rule is set out in Rule 21 of the Rules of the Supreme Court of the United States and has been repeatedly applied, e.g., United States v. United States, 331 U.S. 46, 48 (1947).

(Rule 21, Rules of the Supreme Court of the United States (1973); United States v. United States, 331 U.S. 46, 48 (1947)).

Updated July 25, 2026

Reasoning

The Supreme Court possessed jurisdiction over the dispute because the petitioners filed a proper petition for a writ of certiorari seeking review of the Fourth Circuit’s judgment, invoking the Court’s discretionary appellate authority under 28 U.S.C. § 1254(1).

After oral argument, Justice Powell recused himself from consideration, leaving the remaining eight Justices evenly split on whether to grant or deny certiorari and, consequently, on the disposition of the case.

The Court applied Rule 21 of the Rules of the Supreme Court of the United States, which provides that when the Court is equally divided on a petition for certiorari (or on the merits), the judgment of the lower court is affirmed and no opinion is issued; this rule reflects longstanding practice and is supported by precedent such as United States v. United States, 331 U.S. 46 (1947).

Because the eight participating Justices could not reach a majority, the Court concluded that the procedural rule governed, and therefore the Fourth Circuit’s judgment was affirmed automatically, without further deliberation on the substantive issues raised by the parties.

The per curiam opinion expressly states only that the judgment is affirmed by an equally divided Court, indicating that the Court deemed no additional analysis necessary and that the equal‐division rule itself sufficed to resolve the petition.

As a result, the holding is that an equally divided Supreme Court affirms the lower‐court decision, and no substantive legal rule or precedent concerning the merits of the parties’ claims is established by this decision.

Updated July 25, 2026

Concurring/Dissenting Opinions

Authoring Justice: None (no separate opinions were filed)
Type of Opinion: None – the Court issued only a per curiam opinion affirming the lower‐court judgment because the Court was equally divided; therefore there were no concurring or dissenting opinions.
Summary of Reasoning: The per curiam opinion states that the judgment is affirmed by an equally divided Court, invoking the rule that an evenly split Supreme Court affirms the lower‐court decision without further analysis; consequently, no Justice authored a separate concurrence or dissent.

Updated July 25, 2026

Case Relevance

The case School Bd. of City of Richmond v. State Bd. of Educ. is authoritative for the principle that an equally‐divided United States Supreme Court, whether on a petition for certiorari or on the merits, must affirm the lower‐court judgment without issuing a substantive opinion—a rule expressly set out in Rule 21 of the Supreme Court’s Rules and applied here after Justice Powell’s recusal left the eight participating Justices dead‐locked; this holding squarely resolves the procedural issue presented, confirming that the Court’s equal‐division rule operates automatically and is not subject to further judicial analysis, and it applies broadly to any petition for certiorari (or merits case) where the Court cannot reach a majority, regardless of the underlying substantive claims, making the decision a go‐to authority for parties seeking to demonstrate that a lack of a majority vote forecloses any new precedent and that the lower‐court decision stands, while offering no guidance on the merits of the dispute itself or on any substantive constitutional or statutory questions.

Updated July 25, 2026

Relevant Quotes

Quoted text: "The judgment is affirmed by an equally divided Court."
Bluebook pinpoint citation: 412 U.S. 92, 92 (1973)
Explanation: This sentence is the Court’s explicit statement of the equal‐division rule; it shows that when the Supreme Court cannot reach a majority, it automatically affirms the lower‐court judgment without further analysis, directly supporting the procedural holding.

Quoted text: "MR. JUSTICE POWELL took no part in the consideration or decision of these cases."
Bluebook pinpoint citation: 412 U.S. 92, 92 (1973)
Explanation: The recusal of Justice Powell created the eight‐Justice deadlock; the citation underscores how a vacancy in the voting roster can produce an equally divided Court, triggering the rule applied in this case.

Quoted text: "PER CURIAM."
Bluebook pinpoint citation: 412 U.S. 92, 92 (1973)
Explanation: The per curiam designation indicates that the Court issued no substantive opinion, reinforcing that the decision was purely procedural and that the equal‐division rule operates without a written opinion.

Updated July 25, 2026

Synthesis

Not available

All jurisdictions

Not available.

Additional Comments

School Bd. of City of Richmond v. State Bd. of Educ. · 412 U.S. 92 (1973)

Monetary awards

No monetary awards found.

Related opinions

Bradley v. School Board of Richmond
15 L. Ed. 2d 187 · 1965 U.S. LEXIS 265 · 382 U.S. 103 · 86 S. Ct. 224
Alves v. Board of Educ. for Guntersville
2005 WL 1925786 · 922 So. 2d 129
School Bd. of Palm Beach v. Bd. of Educ.
2008 WL 5055877 · 998 So. 2d 647
Tenney v. BOARD OF EDUC. BARBOUR COUNTY
183 W. Va. 632 · 1990 W. Va. LEXIS 164 · 398 S.E.2d 114
St. Lucie County School v. Bd. of Educ.
2008 WL 5055745 · 998 So. 2d 645
Kennedy v. BOARD OF EDUC., McDOWELL CTY.
175 W. Va. 668 · 1985 W. Va. LEXIS 658 · 337 S.E.2d 905

Metadata

Court

Supreme Court of the United States

Decided

October 9, 1973

Docket

72-549

Precedential status

Published

#	Issue Type	Precise Question Presented to the Court
1	Substantive Issue	The Court did not reach a substantive question on the merits; therefore no substantive issue was decided.
2	Procedural Issue	Did the Supreme Court err in affirming the Fourth Circuit’s judgment solely because the Court was equally divided, thereby applying the rule that an equally‑divided Court affirms the lower‑court decision without further analysis?

Richmond School Board v. Board of Educ.

Citing opinions

Headnotes

Opinion

SCHOOL BOARD OF CITY OF RICHMOND, VIRGINIA, ET AL. v. STATE BOARD OF EDUCATION OF VIRGINIA ET AL.

NOTES

SCHOOL BOARD OF CITY OF RICHMOND, VIRGINIA, ET AL.
v.
STATE BOARD OF EDUCATION OF VIRGINIA ET AL.