washington seattle school dist argued march decided june appellee seattle school district district enacted seattle plan desegregation schools plan makes extensive use mandatory busing subsequently statewide initiative initiative drafted terminate use mandatory busing purposes racial integration public schools state washington initiative prohibits school boards requiring student attend school one geographically nearest next nearest home sets number broad exceptions requirement however student may assigned beyond neighborhood school requires special educational programs nearest next nearest school overcrowded unsafe lacks necessary physical facilities exceptions permit school boards assign students away neighborhood schools virtually purposes required educational policies initiative passed november general election district together two districts brought suit appellant state federal district challenging constitutionality initiative equal protection clause fourteenth amendment district held initiative unconstitutional ground inter alia established impermissible racial classification violation hunter erickson lee nyquist supp wdny summarily aff permits busing reasons forbids racial reasons permanently enjoined implementation initiative restrictions appeals affirmed held initiative violates equal protection clause pp state allocates governmental power nonneutrally explicitly using racial nature decision determine process action places special burdens racial minorities within governmental process hunter erickson thereby making difficult certain racial religious minorities members community achieve legislation interest structuring political process permissible denying members racial minority vote equal basis others pp initiative must fall attemp allocate governmental power basis general principle hunter erickson instead uses racial nature issue define governmental decisionmaking structure thus imposing substantial unique burdens racial minorities initiative worked major reordering state educational decisionmaking process adoption initiative power determine programs appropriately fill school district educational needs including programs involving student assignment desegregation committed local board discretion passage initiative authority one areas remained local board hands placing power desegregative busing state level initiative thus differentiates treatment problems involving racial matters afforded problems area lee nyquist initiative works something mere repeal desegregation law political entity created burdens future attempts integrate washington schools lodging decisionmaking authority question new remote level government makes enactment racially beneficial legislation uniquely difficult therefore imposes direct undeniable burdens minority interests pp contrary appellants suggestion hunter erickson effectively overruled washington davis arlington heights metropolitan housing dev washington davis arlington heights considered classifications facially unrelated race hunter like case involved attempt use explicitly racial criteria define community decisionmaking structure legislation issue directly invidiously curtailed operation political processes ordinarily relied upon protect minorities carolene products hunter principle meaningful unjustified distinctions based race impermissible still vital pp blackmun delivered opinion brennan white marshall stevens joined powell filed dissenting opinion burger rehnquist joined post kenneth eikenberry attorney general washington argued cause appellants briefs malachy murphy deputy attorney general thomas carr senior assistant attorney general timothy malone assistant attorney general solicitor general lee assistant attorney general reynolds deputy solicitor general wallace richard wilkins filed brief michael hoge argued cause appellees brief appellees seattle school district et al camden hall david burman phillip burton frederick noland thomas lemly william neukom filed brief appellees american civil liberties union et al ladd leavens filed brief appellees east pasco neighborhood council et al briefs amici curiae urging affirmance filed henry aronson grant anderson et al palmer smith league women voters seattle et al jack greenberg james nabrit iii bill lann lee naacp legal defense educational fund judith lonnquist washington education association briefs amici curiae filed gwendolyn gregory august steinhilber thomas shannon national school boards association william bender seattle chapter japanese american citizens league justice blackmun delivered opinion presented extraordinary question whether elected local school board may use fourteenth amendment defend program busing integration attack state seattle school district district largely coterminous city seattle charged state law administering schools educating approximately public school students children negro asian american indian hispanic ancestry segregated housing patterns seattle created racially imbalanced schools district historically taken steps alleviate isolation minority students since permitted students transfer neighborhood schools help cure district racial imbalance despite efforts district came increasing pressure accelerate program desegregation response district board directors school board enacted resolution defining racial imbalance situation exists combined minority student enrollment school exceeds districtwide combined average percentage points provided single minority enrollment school exceed percent student body supp wd district resolved eliminate imbalance seattle public schools beginning academic year september district implemented magnet program designed alleviate racial isolation enhancing educational offerings certain schools thereby encouraging voluntary student transfers disproportionate amount overall movement inspired program undertaken negro students however racial imbalance seattle schools found actually increased academic years district therefore concluded mandatory reassignment students necessary racial isolation schools eliminated accordingly march school board enacted seattle plan desegregation plan makes extensive use busing mandatory reassignments desegregates elementary schools pairing triading predominantly minority predominantly white attendance areas basing student assignments attendance zones rather race racial makeup secondary schools moderated feeding desegregated elementary schools app district represents plan results reassignment roughly equal numbers white minority students allows students spend roughly half academic careers attending school near homes brief appellee seattle school district desegregation program implemented academic year apparently effective district found seattle plan substantially reduced number racially imbalanced schools district substantially reduced percentage minority students schools remain racially imbalanced late shortly seattle plan formally adopted district number seattle residents opposed desegregation strategies discussed school board formed organization called citizens voluntary integration committee civic organization district found formed founders opposition seattle plan attempted enjoin implementation board mandatory desegregation program litigation state efforts failed civic drafted statewide initiative designed terminate use mandatory busing purposes racial integration proposal known initiative provided school board shall directly indirectly require student attend school school geographically nearest next nearest student place residence offers course study pursued student see rev code initiative set however number broad exceptions requirement student may assigned beyond neighborhood school requires special education care guidance health safety hazards either natural man made physical barriers obstacles student place residence nearest next nearest school school nearest next nearest place residence unfit inadequate overcrowding unsafe conditions lack physical facilities see ibid initiative also specifically proscribed use seven enumerated methods indirec student assignment among redefinition attendance zones pairing schools use feeder schools part seattle plan see initiative envisioned busing racial purposes one circumstance purport prevent competent jurisdiction adjudicating constitutional issues relating public schools see proponents placed initiative washington ballot november general election ensuing campaign district concluded leadership civic acted legally responsibly address appeals racial biases voters time however findings demonstrate initiative directed solely desegregative busing general seattle plan particular thus xcept assignment students effect racial balancing drafters initiative attempted preserve school districts maximum flexibility assignment students xcept purposes initiative permits local school districts assign students nearest next nearest schools major reasons students present assigned schools nearest next nearest schools campaigning measure civic officials accurately represented passage result loss school district flexibility busing desegregation purposes evident campaign focused almost exclusively wisdom forced busing integration see november two months seattle plan went effect initiative passed substantial margin drawing almost vote statewide initiative failed attract majority support two state legislative districts seattle city whole however initiative passed vote within month district together tacoma pasco school districts initiated suit state district western district washington challenging constitutionality initiative equal protection clause fourteenth amendment several community organizations intervened support district civic intervened behalf defendants trial district made extensive detailed findings fact determined hose seattle schools crowded located areas city preponderance minority families live yet found initiative implemented prevent racial balancing significant number seattle schools cause school system become racially imbalanced presently make impossible tacoma schools maintain present racial balance make doubtful prospects integration pasco schools see except desegregative busing however found almost busing students currently taking place washington permitted initiative found racial bias factor opposition busing students obtain racial balance also found voters moved support initiative number reasons impossible ascertain reasons determine relative impact reasons upon electorate district held initiative unconstitutional three independent reasons first concluded initiative established impermissible racial classification violation hunter erickson lee nyquist supp wdny summarily aff permits busing reasons forbids racial reasons next held initiative invalid racially discriminatory purpose one factors motivated conception adoption initiative finally district reasoned initiative unconstitutionally overbroad absence order barred even school boards engaged de jure segregation taking steps foster integration permanently enjoined implementation initiative restrictions merits divided panel appeals ninth circuit affirmed relying entirely district first rationale subjecting desegregative student assignments unique treatment appeals concluded initiative creates racial classification radically restructures political process washington allowing majority usurp traditional local authority local school board educational policies continued initiative remove local school boards existing authority large part capability enact programs designed desegregate schools emphasis original omitted found result contrary principles hunter erickson supra lee nyquist supra acknowledged issue different one successor school board attempted rescind seattle plan however different governmental body electorate rescinded policy voluntarily enacted locally elected school boards already subject local political control state various state officers appealed noted probable jurisdiction address issue significance nation system education ii equal protection clause fourteenth amendment guarantees racial minorities right full participation political life community beyond dispute course given racial ethnic groups may denied franchise precluded entering political process reliable meaningful manner see white regester nixon herndon fourteenth amendment also reaches political structure treats individuals equals mobile bolden stevens concurring judgment yet subtly distorts governmental processes way place special burdens ability minority groups achieve beneficial legislation principle received clearest expression hunter erickson supra case involved attempts overturn antidiscrimination legislation akron ohio akron city council pursuant ordinary legislative process enacted fair housing ordinance response local citizenry using established referendum procedure see harlan concurring amended city charter provide ordinances regulating real estate transactions basis race color religion national origin ancestry must first approved majority electors voting question regular general election said ordinance shall effective action suspended operation existing ordinance forbidding housing discrimination also required approval electors future fair housing ordinance take effect essence amendment changed requirements adoption one type local legislation enact ordinance barring housing discrimination basis race religion proponents obtain approval city council majority voters citywide enact ordinance preventing housing discrimination grounds enact type housing ordinance proponents needed support city council striking charter amendment hunter recognized face provision draws distinctions among racial religious groups differentiate groups sought law protection racial discriminatio sale rental real estate sought regulate real property transactions pursuit ends thus disadvantag ing benefit laws barring racial discriminatio bar discriminations otherwise regulate real estate market favor reality burden imposed arrangement necessarily falls minority majority needs protection discrimination referendum might bothersome ibid effect charter amendment served explicitly racial classification treating racial housing matters differently racial housing matters made amendment constitutionally suspect state may disadvantage particular group making difficult enact legislation behalf may dilute person vote give group smaller representation another comparable size emphasis added lee nyquist supp wdny offers application hunter doctrine setting strikingly similar one us case involved new york education system made use elected appointed school boards conferred extensive authority state education officials effort eliminate de facto segregation new york schools officials directed city buffalo municipality appointed school board implement integration plan developments proceeding however new york legislature enacted statute barring state education officials appointed though elected school boards assign ing compell ing students attend school account race purpose achieving racial equality attendance school applying hunter district invalidated statute noting provision commissioner education local appointed officials prohibited acting student assignment matters racial criteria involved view statute therefore place burdens implementation educational policies designed deal race local level treating educational matters involving racial criteria differently educational matters making difficult deal racial imbalance public schools ibid emphasis original drew impermissible distinction treatment problems involving racial matters afforded problems area affirmed district judgment without opinion cases yield simple central principle justice harlan noted concurring opinion hunter laws structuring political institutions allocating political power according neutral principles executive veto typically burdensome requirements amending state constitutions subject equal protection attack though may make difficult minorities achieve favorable legislation laws make difficult every group community enact comparable laws provid framework within diverse political groups society may fairly compete thus political majority may generally restructure political process place obstacles path everyone seeking secure benefits governmental action different analysis required state allocates governmental power nonneutrally explicitly using racial nature decision determine decisionmaking process state action kind said places special burdens racial minorities within governmental process emphasis added thereby making difficult certain racial religious minorities members community achieve legislation interest emphasis added harlan concurring structuring political process said permissible denying members racial minority vote equal basis others iii believe appeals properly focused hunter lee find principle cases dispositive issue view initiative must fall attemp allocate governmental power basis general principle hunter erickson harlan concurring instead uses racial nature issue define governmental decisionmaking structure thus imposes substantial unique burdens racial minorities noting initiative nowhere mentions race integration appellants suggest legislation racial overtones maintain hunter inapposite initiative simply permits busing certain enumerated purposes neutrally forbidding reasons find difficult believe appellants analysis seriously advanced however despite facial neutrality little doubt initiative effectively drawn racial purposes neither initiative sponsors district appeals difficulty perceiving racial nature issue settled initiative thus district found text initiative carefully tailored interfere desegregative busing proponents initiative candidly represented loss school district flexibility busing desegregation purposes noted initiative fact allows school districts bus students nonintegrative purposes required educational policies washington electorate surely aware assured civic officials school districts state lacked mandatory integration programs affected passage beyond reasonable dispute initiative enacted merely spite adverse effects upon busing integration personnel administrator massachusetts feeney even accepting view initiative enacted purpose changed position course litigation supports state maintains busing integration unlike fair housing ordinance involved hunter peculiarly racial issue brief persuaded undoubtedly true suggests proponents mandatory integration classified race negroes whites may counted among supporters opponents initiative equally clear white well negro children benefit exposure ethnic racial diversity classroom columbus board education penick powell dissenting see milliken bradley marshall dissenting neither factors serves distinguish hunter may fairly assume members racial majority favored benefited akron fair housing ordinance cf havens realty coleman gladstone realtors village bellwood event cases suggest desegregation public schools like akron open housing ordinance bottom inures primarily benefit minority designed purpose education come principal instrument awakening child cultural values preparing later professional training helping adjust normally environment brown board education environment largely shaped members different racial cultural groups minority children achieve full measure success learn function fully accepted larger community attending ethnically diverse school may help accomplish goal preparing minority children citizenship pluralistic society estes metropolitan branches dallas naacp powell dissenting may hope teaching members racial majority live harmony mutual respect children minority heritage columbus board education penick powell dissenting lee nyquist settles point accepted proposition mandatory desegregation strategies present type racial issue implicated hunter doctrine undeniable busing integration particularly ordered federal engenders considerably controversy sort fair housing ordinance debated hunter see estes metropolitan branches dallas naacp powell dissenting absence constitutional violation desirability efficacy school desegregation matters resolved political process present purposes enough minorities may consider busing integration legislation interest hunter erickson harlan concurring given racial focus initiative suffices trigger application hunter doctrine also satisfied practical effect initiative work reallocation power kind condemned hunter initiative removes authority address racial problem racial problem existing decisionmaking body way burden minority interests favoring elimination de facto school segregation must seek relief state legislature statewide electorate yet authority student assignment decisions well areas educational policy remains vested local school board indeed specifically exempting initiative proscriptions nonracial reasons assigning students away neighborhood schools initiative expressly requires championing school integration surmount considerably higher hurdle persons seeking comparable legislative action hunter community political mechanisms modified place effective decisionmaking authority racial issue different level government obvious sense initiative thus disadvantages benefit laws barring de facto desegregation otherwise regulate student assignment decisions reality law impact falls minority hunter erickson state appellants response line analysis argue initiative worked reallocation power note state necessarily retains plenary authority washington system education therefore suggest initiative amounts nothing unexceptional example state intervention school system effect maintain state functions super school board tr oral arg typically involves areas educational policy argument continues state body usually makes decisions area initiative worked simple change policy rather forbidden reallocation power cf crawford los angeles board education post first glance seem potent argument traditionally accorded widest latitude ordering internal governmental processes see holt civic club tuscaloosa school boards creatures state obviously must give effect policies announced state legislature insisting state may distribute legislative power desires furnish es justification legislative structure otherwise violate fourteenth amendment implementation change popular referendum immunize hunter erickson issue whether washington authority intervene affairs local school boards rather whether state exercised authority manner consistent equal protection clause noted hunter hough akron might proceeded majority vote municipal legislation instead chosen complex system done state may disadvantage particular group making difficult enact legislation behalf may dilute person vote washington also chosen make use complex governmental structure close examination washington statutes decisions related areas convinces us hunter fully applicable outset irrelevant state might vested decisionmaking authority long political structure fact erected imposes comparative burdens minority interests much settled hunter lee passage initiative washington law fact established local school board rather state entity charged making decisions type issue like see brief national school boards assn amicus curiae washington course ultimately responsible providing education within borders see wash art ix rev code ch establishing uniform school financing system seattle school district state therefore set certain procedural requirements minimum educational standards met school see length school day year ch mandatory attendance ch teacher qualifications ch curriculum washington chosen meet educational responsibilities primarily state local officials boards committees responsibility devise tailor educational programs suit local needs emphatically vested local school boards thus common school district board directors made accountable proper operation district local community electorate end school board vested final responsibility setting policies ensuring quality content extent educational program emphasis added ibid school boards given responsibility among many things stablish ing performance criteria personnel programs assigning staff according board enumerated classroom program needs setting requirements concerning hours instruction establishing curriculum standards relevant particular needs district students unusual characteristics district evaluating teaching materials school boards generally directed develop program identifying student learning objectives district see also select instructional materials stock libraries deem necessary initiate variety optional programs see school boards course given broad corporate powers significantly present purposes school boards directed determine students bused school provide students transportation indeed notion school board responsibility local educational programs firmly rooted local boards subject disclosure reporting provisions specifically designed ensure board accountability people community educational programs school distric perhaps relevant adoption initiative washington found within general discretion local school authorities settle problems related denial equal educational opportunity citizens mandatory bussing palmason therefore squarely held program desegregative busing proper means furthering school board responsibility administe schools way provide sound education children see state ex rel citizens mandatory bussing brooks state ex rel lukens spokane school district given statutory structure little difficulty concluding initiative worked major reordering state educational decisionmaking process adoption initiative power determine programs appropriately fill school district educational needs including programs involving student assignment desegregation firmly committed local board discretion question whether provide integrated learning environment rather system neighborhood schools surely involved decision sort see citizens mandatory bussing palmason passage initiative authority one areas remained hands local board placing power desegregative busing state level initiative plainly differentiates treatment problems involving racial matters afforded problems area lee nyquist district appeals similarly concluded initiative restructured washington political process see reason challenge determinations courts familiar local law cf milliken bradley white dissenting reach conclusion come surprise faced similar educational scheme milliken bradley supra concluded actions local school board attributed state created addressed michigan education system vests state constitutional responsibility providing education policy michigan retain control school system administered throughout state state laws local state agencies carry delegated functions given legislature milliken bradley marshall dissenting quoting school district city lansing state board education see milliken bradley fulfill responsibility state michigan provided substantial measure school district funding established standards teacher certification determined part curriculum set minimum school term approved bus routes textbooks established disciplinary procedures certain circumstances power even remove local school board members see marshall dissenting see also describing state controls education white dissenting marshall dissenting yet noting single tradition public education deeply rooted local control operation schools concluded michigan educational structure common provides large measure local control relying analysis determined michigan school board assignment policies attributed state therefore declined permit interdistrict busing remedy one school district acts unconstitutional segregation local school boards operating similar statutory structure considered separate entities purposes constitutional adjudication make segregative assignment decisions difficult see different analysis apply local board desegregative policy issue event believe question settled lee state control educational system fully complete washington see generally educ law mckinney supp state statute attack reallocated power mandatory desegregation two ways transferred authority state commissioner education local elected school boards shifted authority local appointed school boards state legislature presented restructuring political process district declared conceive compelling case application hunter principle course affirmed district judgment see relevant distinction case lee indeed difficult imagine precise parallel sure simple repeal modification desegregation antidiscrimination laws without never viewed embodying presumptively invalid racial classification crawford los angeles board education post see dayton board education brinkman hunter erickson justice harlan noted hunter voters polity may express displeasure established legislative referendum procedure particular legislation arouses passionate opposition concurring opinion akron fair housing ordinance defeated referendum example negroes undoubtedly lost important political battle thereby denied equal protection initiative however works something mere repeal desegregation law political entity created burdens future attempts integrate washington schools districts throughout state lodging decisionmaking authority question new remote level government indeed initiative like charter amendment issue hunter pernicious effect integration programs arouse extraordinary controversy emphasis original situations initiative makes enactment racially beneficial legislation difficult though particular program involved might inspired opposition promulgated usual legislative processes used comparable legislation imposes direct undeniable burdens minority interests governmental institution fair one group always expected win token one group subjected debilitating often insurmountable disadvantage iv end appellants reduced suggesting hunter effectively overruled recent decisions read hunter applied simple disparate impact analysis invalidated facially neutral ordinance law adverse effects upon racial minorities appellants therefore contend hunter swept away along approach equal protection washington davis arlington heights metropolitan housing dev cf james valtierra appellants unquestionably correct suggest purposeful discrimination condition offends constitution personnel administrator massachusetts feeney quoting swann board education central purpose equal protection clause prevention official conduct discriminating basis race washington davis thus facially neutral legislation subjected equal protection attack inquiry intent necessary determine whether legislation sense designed accord disparate treatment basis racial considerations appellants suggestion analysis somehow conflicts hunter however misapprehends basis hunter doctrine insisted particularized inquiry motivation equal protection cases racial classification regardless purported motivation presumptively invalid upheld upon extraordinary justification personnel administrator massachusetts feeney legislation kind challenged hunter similarly falls inherently suspect category one immediate crucial difference hunter cases cited appellants decisions washington davis arlington heights considered classifications facially unrelated race charter amendment issue hunter dealt explicitly racial terms legislation designed benefit minorities minorities legislation intended benefit larger group underprivileged citizens among minorities disproportionately represented mean course every attempt address racial issue gives rise impermissible racial classification see crawford los angeles board education post political process decisionmaking mechanism used address racially conscious legislation legislation singled peculiar disadvantageous treatment governmental action plainly rests distinctions based race james valtierra quoting hunter erickson state allocation power places unusual burdens ability racial groups enact legislation specifically designed overcome special condition prejudice governmental action seriously curtail operation political processes ordinarily relied upon protect minorities carolene products direct sense implicates judiciary special role safeguarding interests groups relegated position political powerlessness command extraordinary protection majoritarian political process san antonio independent school dist rodriguez hunter recognized considerations addressed therefore rested principle vital century core fourteenth amendment prevention meaningful unjustified official distinctions based race distinctions infected reallocation decisionmaking authority considered hunter minorities less powerless vote without racial criterion used assign governmental power way exclude particular racial groups effective participation political proces mobile bolden white dissenting certainly state requirement desegregation antidiscrimination laws crawford los angeles board education post laws passed unanimous vote legislature constitutionally suspect equally questionable community require laws ordinances designed ameliorate race relations protect racial minorities confirmed popular vote electorate whole comparable legislation exempted similar procedure amendment addressed hunter explained legislation issue less obviously pernicious examples different principle reaching conclusion undervalue magnitude state interest system education washington reserved state officials right make decisions areas education student assignment chosen however use elaborate system done state obligated operate system within confines fourteenth amendment believe failed accordingly judgment appeals affirmed footnotes several community organizations threatened legal action district initiate effective integration effort mayor seattle number community leaders letter dated may urged district adopt definition racial isolation measurable goals leading elimination racial isolation seattle public schools prior ordered mandated desegregation remedy app district found actions school board prompted members desire ward threatened litigation desire prevent threatened loss federal funds desire relieve black students disproportionate burden borne voluntary efforts balance schools racially perception racial balance schools promotes attainment equal educational opportunity beneficial preparation students democratic citizenship regardless race washington constitution reserves people state power propose bills laws enact reject polls independent legislature wash art ii initiatives placed ballot upon petition state voters registered voting governor last preceding regular gubernatorial election passed electorate initiative may repealed state legislature two years although may amended within two years vote house legislature see generally comment judicial review laws enacted popular vote rev text initiative codified rev code beginning academic year approximately students enrolled washington public schools bused school percent students transported reasons unrelated race along seattle tacoma school district pasco school district districts state washington comprehensive integration programs therefore three districts affected initiative see since pasco made use school closures mandatory busing program overcome racial isolation caused segregated housing patterns students attended schools nearest homes three pasco seven elementary schools primarily white three primarily minority student body tacoma school district made use school closures racially controlled enrollment magnet schools voluntary transfers though mandatory busing enhance racial balance schools several intervenor plaintiffs also alleged district engaged de jure segregation therefore operating unconstitutional dual school system district therefore bifurcated litigation first addressing constitutionality initiative conclusions question allegations de jure segregation go trial addressed district appeals district acknowledged impossible determine whether supporters initiative subjectively racially discriminatory intent purpose subjective intent secret ballot raises impenetrable barrier looked instead objective factors noting marked departure norm autonomy school boards restricted relative assignment students marked similar departure procedural norm administrative decision subordinate local unit government overridden statewide initiative factors coupled racially disproportionate impact initiative historical background sequence events leading adoption found demonstrate racially discriminatory intent purpose least one motivating factor adoption initiative ibid district noted school boards practiced de jure segregation affirmative obligation eliminate effects practice ibid see columbus board education penick appeals therefore address district alternative finding initiative adopted discriminatory reasons conclusion initiative overbroad decision merits district declined award attorney fees plaintiff school districts districts entities app juris statement appeals reversed issue concluding district abused discretion denying fees appeals determined school districts fell within language attorney fees statutes supp iv see infra reasoned long organization advances important constitutional values eligible fees statutes initiative new york statute apparently permitted voluntary student transfers achieve integration see infra appeals accepted district characterization initiative even dissenting judge appeals agreed initiative addresses racial problem appellants challenge propriety student assignments purpose achieving integration even absent finding prior de jure segregation therefore specifically pass issue see generally swann board education north carolina state board education swann cf university california regents bakke opinion powell seeks distinguish lee suggesting statute issue clearly prohibited attempts ameliorate racial imbalance schools initiative permits voluntary desegregation efforts brief even assuming distinction otherwise constitutional significance premise accurate legislation challenged lee permit voluntary integration efforts expressly exempted restrictions assignment pupil manner requested authorized parents guardian thus district lee noted statute denie appointed officials power implement programs improvement racial balance emphasis added difficulty lee case stemmed lee district conclusion voluntary program serve integrate community schools voluntary plans achieving racial balance significant impact problems racial segregation buffalo public schools indeed appear racial isolation actually increasing ibid thus statute challenged lee initiative operated precisely way deny student right attend fully integrated school brief justice powell finds hunter completely irrelevant dismissing conclusory statement political system washington redrawn altered post emphasis original dissent entirely fails address relevance hunter reallocation decisionmaking authority worked initiative evil condemned hunter particular political obstacle mandatory referenda imposed akron charter amendment rather comparative structural burden placed political achievement minority interests thus hunter procedures enacting racial legislation modified way place effective control hands citywide electorate similarly power enact racial legislation reallocated case effect challenged action redraw decisionmaking authority racial matters racial matters way place comparative burdens minorities justice powell find crucial proponents integrated schools remain free use washington initiative system ends true hunter well proponents open housing barred invoking akron initiative procedures repeal charter amendment enact fair housing legislation surely excessively formal exercise argue procedural revisions issue hunter imposed special burdens minorities selective allocation decisionmaking authority worked initiative erect comparable political obstacles indeed hunter virtually identical case akron charter amendment simply barred city council passing fair housing ordinance initiative forbids use virtually mandatory desegregation strategies surely however hunter come way charter amendment made provision passage fair housing legislation instead subjecting legislation ratification referendum also note initiative modification state policy result unusual political procedure brief initiatives referenda often used washington electorate observation hardly serves distinguish case hunter since fair housing charter amendment added unexceptional use akron initiative procedure see despite force written justice powell essay heretofore unquestioned right state structure decisionmaking authority government post well observations state right repeal programs designed eliminate de facto segregation largely beside point state power questioned point litigation single narrow question us whether state exercised power way place special therefore impermissible burdens minority interests noted hunter akron might proceeded majority vote municipal legislation charter amendment invalidated citizens akron reserve power rather distributed nonneutral manner lee course state unquestioned authority vest power education state officials indeed even state efforts help ensure equal opportunity education encourage desegregation cast cooperative terms designed assist school districts implementing programs choosing see rev code cf washington noted long school board authorized required students attend schools geographically situated close homes right right existed given school authorities also note state attempted reserve exclusive power deal racial issues generally municipalities washington given broad powers see generally wash amdt rev code rev code tit optional municipal code washington courts specifically held municipalities power enact antidiscrimination ordinances see seattle pressmen union local seattle app cf mcquillin law municipal corporations rev ed throughout dissent justice powell insists created vested constitutional right local decisionmaking post holding people state washington apparently forever barred developing different policy mandatory busing school district previously adopted one post today decision somehow raises doubts authority state abolish school boards altogether post see also post statements evidence basic misunderstanding decision analysis vests rights nothing whether school board action predates taken state instead find objectionable initiative comparative burden imposes minority participation political process racial nature way structures process decisionmaking evident horribles paraded dissent post nothing ability minorities participate process entirely unrelated case equally clear noted several points opinion state remains free vest decisionmaking power state officials remove authority local school boards manner one amicus observes many employ similar educational structure see brief national school boards assn amicus curiae app authority initiate desegregation programs removed appointed school boards state education officials body capable exercising power programs state legislature makes one attempt distinguish lee regard lee inapposite maintains statute issue blocked desegregation efforts even school district subject order eliminate segregation schools therefore purportedly contrast initiative interfere efforts individual school districts eliminate de jure segregation brief quoting lee nyquist statement seeks place district holding affirmance lee ground new york statute interfered buffalo attempts eliminate de jure segregation submission simply inaccurate time lee litigation buffalo found guilty practicing intentional segregation see arthur nyquist notes buffalo order eliminate segregation schools order issued new york commissioner education found buffalo schools de facto segregated appeal dixon educ dept reports see lee nyquist lee concern de jure segregation explained straightforward application hunter doctrine phenomenon graphically demonstrated circumstances litigation longstanding desegregation programs pasco tacoma well seattle middle school integration plan functioned years without creating undue controversy yet swept away along seattle plan initiative practical matter seems unlikely proponents desegregative busing smaller communities tacoma pasco able obtain statewide support needed permit desegregate schools communities state suggest initiative furthers kind compelling interest necessary overcome strict scrutiny applied explicit racial classifications thus hold dissent implies post state attempt repeal desegregation program creates racial classification identical action seattle school board state restructuring decisionmaking process impermissible simple repeal seattle plan also note singling political processes affecting racial issues uniquely disadvantageous treatment inevitably raises dangers impermissible motivation political institutions generally restructured justice brennan noted another context breadth scheme negates suggestion improper purpose walz tax concurring opinion appellants also challenge appeals award attorney fees school district plaintiffs see supra arguing entities eligible receive awards state view contention without merit districts plainly parties covered language fees statutes see supp iv action enforce provision sections title discretion may allow prevailing party reasonable attorney fee part costs emphasis added supp iv upon entry final order state failure comply fourteenth amendment constitution pertain elementary secondary education discretion may allow prevailing party reasonable attorney fee part costs emphasis added nothing history statutes suggests language meant exclude entities contrary courts appeals held substantial unanimity publicly funded legal services organizations may awarded fees see dennis chang holley lavine cert denied sub nom blum holley lund affleck enacted congress cited approval decision awarding fees organization see citing incarcerated men allen county jail fair event underlying congressional policies served awarding fees cases one us matter source funds school boards limited budgets allowing fees encourage compliance enforcement civil rights laws dennis chang see appellants suggest incongruous state pay attorney fees one school boards seems less incongruous local board feel need sue state violation fourteenth amendment see reason disturb judgment appeals point justice powell chief justice justice rehnquist justice join dissenting people state washington vote adopted neighborhood school policy policy binding local school districts way affects authority state federal courts order school transportation remedy violations fourteenth amendment policy affect power local school districts establish voluntary transfer programs racial integration purpose absence constitutional violation decision compels school district adopt maintain mandatory busing program racial integration accordingly hold adoption neighborhood school policy local school districts unconstitutional rather holds adoption policy state level rather local level violates equal protection clause fourteenth amendment dissent unprecedented intrusion structure state government school districts case federal constitutional obligation adopt mandatory busing programs state washington governmental body ultimately responsible provision public education determined certain mandatory busing programs detrimental education children fourteenth amendment leaves free distribute powers government legislative judicial branches hughes superior view amendment leaves equally free decide matters concern state state rather local level government november general election voters state adopted initiative majority initiative sets forth neighborhood school policy binding local school districts establishes general rule prohibiting school districts directly indirectly requir ing student attend school school geographically nearest next nearest student place residence rev code rule may avoided individual instances student requires special education health safety hazards student residence nearest next nearest school nearby schools overcrowded unsafe lacking physical facilities ibid initiative includes two significant limitations upon scope neighborhood school policy expressly provides nothing initiative shall preclude establishment schools offering specialized enriched educational programs students may voluntarily choose attend voluntary option offered students moreover critical case authority state federal courts order mandatory school assignments remedy constitutional violations left untouched initiative chapter shall prevent competent jurisdiction adjudicating constitutional issues relating public schools suit filed district shortly initiative enacted seattle school district joined tacoma pasco school districts certain individual plaintiffs argued initiative violated equal protection clause fourteenth amendment district agreed split decision appeals affirmed relying hunter erickson appeals concluded initiative creates racial classification radically restructures political process washington allowing majority usurp traditional local authority local school board educational policies ii principles guide us reviewing constitutionality initiative well established begin never held even intimated absent federal constitutional violation state must choose treat persons differently basis race absence federal constitutional violation requiring remedies policy strict racial neutrality state violate federal constitutional principle cf university california regents bakke particular neighborhood school policy decision assign students basis race offend fourteenth amendment never held affirmative duty integrate schools absence finding unconstitutional segregation see swann board education dayton board education brinkman certainly constitutional duty adopt mandatory busing absence violation indeed even desegregation ordered constitutional violation never held racial balance constitutional requirement ibid even segregated schools desegregation accomplished constitutional duty exists upon school boards maintain integration see pasadena city board education spangler moreover principle extraordinarily wide latitude creating various types political subdivisions conferring authority upon holt civic club tuscaloosa constitution dictate particular division authority legislature judiciary state local governing bodies define institutions local government thus state may choose run schools state legislature local school boards may choose address matter race relations state local level constitutional requirement state establish maintain local institutions government delegate particular powers bodies relevant constitutional limitation state freedom order political institutions may fashion designed plac special burdens racial minorities within governmental process hunter erickson emphasis added sum absence prior constitutional violation constitutional duty adopt integration programs schools certainly duty establish regime mandatory busing federal constitution require particular decisions concerning schools matter made local opposed state level require establish local governmental bodies delegate unreviewable authority iii application settled principles demonstrates serious error today decision error cuts deeply heretofore unquestioned right state structure decisionmaking authority government case initiative state adopted policy racial neutrality student assignments policy way interferes power state federal courts remedy constitutional violations policy adopted school districts litigation question policy constitutional issue arises seattle school district absence state policy chose adopt school assignments extensive busing questioned district time thereafter changed mind canceled integration program without violating federal constitution yet holds neither legislature people state washington alter district decided argues people washington initiative created racial classification yet must agree identical action seattle school district created classification easy argument answer seems make sense school boards creation state authority whether state constitution legislative enactment today decision one questioned authority state abolish school boards altogether require conform lawful state policy state washington neighborhood school policy lawful today decision heretofore undoubted authority state electorate curtailed whenever school board indeed state board local instrumentality adopts program arguably benefits racial minorities program adopted local subordinate entity approved authority change offers authority relevant explanation extraordinary subordination ultimate sovereign power state act respect racial matters subordinate bodies strange notion alien system local governmental bodies forever ability state sovereign power address matter compelling concern state constitution require bizarre result certainly case state moving change locally adopted policy established racially discriminatory requirement initiative impede enforcement fourteenth amendment washington school district found established segregated school system initiative place barrier way remedial busing order initiative authorize approve segregation form degree neutral face racially neutral public policy children races benefit neighborhood schooling children races benefit exposure ethnic racial diversity classroom ante quoting columbus board education penick powell dissenting finally initiative places special burdens racial minorities within governmental process hunter erickson supra interference state distribution authority justified initiative simply reflection state political process work alter process respect require example matters dealing race integration schools must henceforth submitted referendum people cf hunter erickson supra state done precisely said resolved political process desirability efficacy mandatory school desegregation unlawful segregation ante political process washington permits persons dissatisfied local level appeal state legislature people state redress permits people state local policies formulate new programs regulations process inherent continued sovereignty system time state chooses address major issue persons groups may disadvantaged democratic system winners losers inherent unfairness certainly constitutional violation iv nonetheless holds initiative imposes substantial unique burdens racial minorities governmental process see ante authority holding said hunter erickson supra hunter people akron passed charter amendment suspended operation existing ordinance forbidding housing discrimination also required approval electors future antidiscrimination ordinance take effect although charter amendment facially neutral found said embody racial classification reality law impact falls minority majority needs protection discrimination making difficult pass legislation favor racial minorities amendment placed special burdens racial minorities within governmental process ibid nothing hunter supports extraordinary invasion state distribution authority even assumed initiative imposed burden racial minorities simply place unique political obstacles way racial minorities case unlike hunter political system redrawn altered authority state public school system acting initiative legislature plenary thus state political system altered adopts first time policy concededly within area authority regulation local school districts certainly racial minorities uniquely comparatively burdened state adoption policy lawful adopted school district state hunter therefore simply irrelevant decision today disrupts normal course state government unprecedented theory vested constitutional right local decisionmaking state apparently forever barred addressing perplexing problems best educate fairly children multiracial society case local school board acted first asked decide wisdom state policy limits ability local school districts adopt volition mandatory reassignments racial balance must decide whether federal constitution permits state adopt policy school districts case federal constitutional obligation adopt mandatory busing absent obligation state exercising sovereign authority subordinate agencies free reject debatable restriction liberty today decision denies right state case deprives state washington opportunity address unresolved questions resulting extensive mandatory busing constitution dictate level government decisions affecting public schools must taken certainly strip sovereignty therefore authorize today intrusion state internal structure throughout dissent use term mandatory busing refer busing mandatory student reassignments purpose achieving racial integration initiative passed almost statewide vote seattle initiative passed vote failed two seattle legislative districts one predominantly black one predominantly white unlike constitutional amendment issue crawford los angeles board education post initiative places limits state courts interpretation state constitution thus mandatory school assignments required state constitution although fourteenth amendment federal constitution initiative hinder state enforcing constitution tacoma school district pasco school district school districts washington extensive integration programs pasco relied upon school closings mandatory busing achieve racial integration schools minority children bused pasco plan supp wd addition school closings tacoma integration plan relies upon voluntary techniques magnet schools voluntary transfers judge wright dissented view initiative said embody racial classification initiative classify individuals basis race simply deals matter bearing race relations moreover racial classification created citizens state favor mandatory school reassignments purposes reasons race benefits problems associated busing one reason racial integration another avoid safety hazards finally judge wright understand exercise authority state create racial classification state intervened altering legislative process way burdened racial minorities charged state constitution responsibility provision public education state simply exercised authority run school system judge wright also addressed district alternative holdings initiative overbroad motivated discriminatory intent found basis either conclusion alternative holdings addressed appeals majority relied upon today accordingly discussed dissent see swann board education absent constitutional violation basis judicially ordering assignment students racial basis things equal history discrimination might well desirable assign pupils schools nearest homes indeed absence finding segregation school district mandatory busing basis race raises constitutional difficulties extensive pupil transportation may threaten liberty privacy interests see university california regents bakke opinion powell keyes school district denver powell concurring part dissenting part moreover state school board assigns students basis race acts basis racial classification consistently held racial classification regardless purported motivation presumptively invalid upheld upon extraordinary justification personnel administrator massachusetts feeney ccording institutions country sovereignty every state resides people state may alter change form government pleasure luther borden see community communications boulder sailors board education save unless state county municipal government runs afoul federally protected right vast leeway management internal affairs kagama constitution sovereign authority resides either federal government exist two consistently held equal protection clause violated mere repeal legislation policies required federal constitution first place crawford los angeles board education post policies support neighborhood schooling various racially neutral people state legitimately decide unlimited mandatory busing places great burden liberty privacy interests families students races might decide reassignment students distant schools basis race great departure ideal racial neutrality state action light experience mandatory busing cities state might conclude program ultimately lead greater racial imbalance schools see estes metropolitan branches dallas naacp powell dissenting cf james valtierra course lawmaking procedure disadvantages particular group always deny equal protection holding presumably state able require referendums subject unless referendums required always disadvantage group required analyze governmental structures determine whether gubernatorial veto provision filibuster rule likely disadvantage diverse shifting groups make american people also relies certain critical points discussion summary affirmance lee nyquist supp wdny summarily aff often noted however summary affirmances little precedential force see metromedia san diego summary affirmance read adoption reasoning supporting judgment review zobel williams far clear absence constitutional violation mandatory busing necessarily benefits racial minorities even viewed favor racial minorities see crawford los angeles board education post indicates busing question complex best resolved political process ante moreover significant initiative places limits voluntary programs reassignments permits school districts order school closings purposes racial balance permits school districts order student attend next nearest rather nearest school promote racial integration repeatedly effect initiative redraw decisionmaking authority racial matters racial matters way place comparative burdens minorities ante emphasis added decision state exercise authority schools racial matters schools place comparative burden racial minorities hunter understood fair housing legislation alone subject automatic referendum requirement gordon lance emphasis added contrast initiative merely places mandatory busing among much larger group matters covering race relations administration schools variety matters addressed state level see infra racial minorities indeed burdened initiative comparatively burdened respect position group persons disadvantaged regulations drawn state level decision intrudes deeply normal state decisionmaking holding people state washington apparently forever barred developing different policy mandatory busing school district previously adopted one principle seem limited question mandatory busing thus admissions committee state law school developed plan came fire apparently find unconstitutional higher authority intervene unless authority traditionally dictated admissions policies constitutional matter dean law school faculty university whole university president chancellor university system board regents might powerless intervene despite greater authority state law today decision unclear whether state may set policy area race relations local governmental body arguably done fourteenth amendment requires local employment benefits distributed racial basis benefit racial minorities state apparently may thereafter ever intervene indeed theory one must wonder whether equal protection component fifth amendment even federal government assert superior authority regulate areas even accepting dubious notion state must demonstrate past control public schooling race relations intervening matters ante attempt demonstrate initiative represents unique thrust state areas unpersuasive discussion indicates comprehensive character state activity common school provisions state code laws nearly pages long governing broad variety school matters state taken seriously constitutional obligation provide public education see wash art ix seattle school district state light wide range regulation public schools state wholly unclear degree prior concern control state satisfy new doctrine addition public school affairs generally state taken direct interest ending racial discrimination schools elsewhere see rev code et seq article ix state constitution specifically prohibits discrimination public schools paramount duty state make ample provision education children residing within borders without distinction preference account race color caste sex state interpreted section state constitution prohibit school assignments absence violation fourteenth amendment cf citizens mandatory bussing palmason today decision one thought state rendered decision without violating federal constitution responding dissent denies opinion limits authority people state washington legislature control regulate school boards state remains free vest decisionmaking power state officials remove authority local school boards manner ante puzzling statements seem entirely odds much text opinion surprising officials state washington one exception mentioned clear idea state lawfully may say state restructuring decisionmaking process impermissible simple repeal seattle plan ante apparently saying despite else may said opinion people state state legislature may repeal seattle plan even though neither people legislature validly may prescribe statewide standards perceive logic certainly constitutional basis distinction repealing seattle plan mandatory busing establishing statewide policy effect people state far greater interest general problems associated compelled busing purpose integration plan single school board former school board member many years accept privilege dissenting justice add personal note view local school board responsible people district serves best qualified agency state government make decisions affecting education within district policy matter favor reversal seattle board decision experiment reasonable mandatory busing program despite doubts educational social merit program see estes metropolitan branches dallas naacp powell dissenting case present question educational policy even merits busing racial integration question one state sovereign authority structure regulate subordinate bodies