Constitutional Law: Abstention Doctrine Applied to Avoid Decision on Constitutionality of Closing Public Schools

SINCE its initial formulation by the Supreme Court in 1941,1 the doctrine of equitable abstention has been a subject of continuing controversy.2 Its application in the field of civil rights by a sharply divided Supreme Court in 19593 raised many questions, several of which are illustrated by Griffin v. Board of Supervisors. 4 In this latest decision in twelve years of litigation aimed at the integration of the public schools of Prince Edward County, Virginia,5 the Court of Appeals for the Fourth Circuit abstained from ruling on the constitutionality of closing the public schools in the county, in order to await clarification of questions of state law by the Virginia courts. While the public schools of Prince Edward County have remained closed since 1959,6 the education of the white children has continued in schools administered by a private foundation. This private school system is financed largely through state and county tuition grants to pupils and county tax credits to individual contributors.7 In an action by Negro school children to compel de-