En Banc Appellate Court Hearing
From 1973 to 1975 the city of Baltimore and the U.S. Department of Health, Education, and Welfare (HEW) negotiated the desegregation of schools. In reaction to the slow pace, the federal government threatened to suspend aid to the city's schools in 1975. During this time, discussions between HEW and the state of Maryland on integrating higher education had also stalemated. In 1976 Baltimore and the state of Maryland filed separate actions against HEW in Federal district court. The cases were joined when HEW appealed the matter to the U.S. Fourth Circuit Court in Richmond, Virginia. The Fourth Circuit heard the case "en banc," meaning all seven judges attended, Mayor and City of Baltimore v. Mathews, 562 F.2d 914, (1977). Only six are shown in the drawing because Judge James Braxton Craven, Jr., died before the opinion was issued. A footnote in the court's decision states he had concurred with the majority opinion, which found the state was entitled to proceed with the action, but the city was not.