| Venue: | SCOTUS |
| Facts: | MO has a bunch of colleges. The system was originally established for white persons, but now they've got a set of colleges for black students as well. Both sides technically admit a small proportion of students from the other race, but it's really not much. |
| Posture: | District court finds this apalling, and so does Ct. App. |
| Issue: | Is MO doing it wrong? |
| Holding: | Yes. |
| Rule: | A state does not discharge its constitutional obligations until it eradicates policies and practices traceable to its priod de jure dual system that continue to foster segregation. |
| Reasoning: | The admission standards offensive: the ACT-only standard was enacted
with full knowledge of the impact that it would have.
Various programs are duplicated between the institutions; that smacks of separate but equal. The institutinl missions are different-- that's not bad in itself, but in the contet of the rest of things, it's not good. And the number of schools too-- the fact that there are wastefully and irrationally many makes us suspicious that it's there to keep people apart. |
| Dicta: | Thomas (concurring): there might be some sound reasons to permit historically black colleges. |