defined schools with nonwhite enrollments greater than 50 percent to be imbalanced and granted the State Board of Education the power to withhold state funds from any school district in the state that was found to have racial imbalance, which Volpe would sign into law the following August. Pursuant to the Racial Imbalance Act, the state conducted a racial census and found 55 imbalanced schools in the state with 46 in Boston, and in October 1965, the State Board required the School Committee to submit a desegregation plan, which the School Committee did the following December. In April 1966, the State Board found the School Committee's plan to desegregate the Boston Public Schools in accordance with the law inadequate and voted to rescind state aid to the district, and in response, the School Committee filed a lawsuit against the State Board challenging both the decision and the constitutionality of the Racial Imbalance Act the following August. In January 1967, the Massachusetts Superior Court overturned a Suffolk Superior Court ruling that the State Board had improperly withdrawn the funds and ordered the School Committee to submit an acceptable plan to the State Board within 90 days or else permanently lose funding, which the School Committee did shortly thereafter and the State Board accepted. In June 1967, the Massachusetts Supreme Judicial Court upheld the constitutionality of the Racial Imbalance Act and the U.S. Supreme Court under Chief Justice Earl Warren (1953–1969) declined to hear the School Committee's appeal in January 1968. On May 25, 1971, the Massachusetts State Board of Education voted unanimously to withhold state aid from the Boston Public Schools due to the School Committee's refusal to use the district's open enrollment policy to relieve the city's racial imbalance in enrollments, instead routinely granting white students transfers while doing nothing to assist black students attempting to transfer. On March 15, 1972, the Boston NAACP filed a lawsuit, later named Morgan v. Hennigan, against the Boston School Committee in federal district court. After being randomly assigned to the case, on June 21, 1974, Judge W. Arthur Garrity Jr. ruled that the open enrollment and controlled transfer policies that the School Committee created in 1961 and 1971 respectively were being used to effectively discriminate on the basis of race, and that the School Committee had maintained segregation in the Boston Public Schools by adding portable classrooms to overcrowded white schools instead of