Venue: | SCOTUS |
Facts: | Segregation just isn't going away; this is a large district, with various demographic zones inside of it |
Posture: | District court directed the district to reach a 71-29 ratio |
Issue: | Is the district court's order infeasible, unreasonable, or unworkable? |
Holding: | No. |
Rule: | The district court has a lot of options as to what it can order |
Reasoning: | Look at all these possibilities: eliminating actual discrimination (in
hiring, staff, transportation, etc), school construction, balances
or quotas, gerryandering of zones, bussing... all of that is
available. We've been pretty unequivocal that people that
state-imposed segregation by race denies equal protection, so
it is time to stop doing that.
Now it's true that we don't want to do this at the expense of student health or safety. And also, the ratios aren't hard-and-fast requirements, some variability and annual flexibility is to be expected. And once the goal is accomplished, you're done, absent some ongoing discrimination. |
Dicta: | |