Venue: | SCOTUS |
Facts: | A relatively equally racially divided population, and the school board adopts a freedom-of-choice program, and encourages people to go to the school that was historically populated by the other race. But only a few blacks go to the white school, and no whites go to the black school. |
Posture: | Unknown |
Issue: | Is this OK? |
Holding: | No. |
Rule: | We don't just require the elimination of overt de jure segregation-- affimative steps must be taken to achieve integration. |
Reasoning: | The board is really dragging its feet here-- it wasn't until 10 years after Brown that they even took this step. "Freedom of choice" is no substitute for zoning or other means to the end of achieving a unitary nonracial school system. |
Dicta: | |