crawford
los
angeles
board
education
argued
march
decided
june
california
action
seeking
desegregation
schools
los
angeles
unified
school
district
district
trial
found
de
jure
segregation
violation
state
federal
constitutions
ordered
district
prepare
desegregation
plan
california
affirmed
based
decision
solely
upon
equal
protection
clause
state
constitution
bars
de
facto
well
de
jure
segregation
remand
trial
approved
desegregation
plan
included
substantial
mandatory
pupil
reassignment
busing
trial
considering
alternative
new
plans
voters
california
ratified
amendment
proposition
state
constitution
provides
state
courts
shall
order
mandatory
pupil
assignment
transportation
unless
federal
permitted
federal
decisional
law
remedy
violation
equal
protection
clause
fourteenth
amendment
federal
constitution
trial
denied
district
request
halt
mandatory
reassignment
busing
holding
proposition
applicable
light
finding
de
jure
segregation
violation
fourteenth
amendment
ordered
implementation
revised
plan
included
substantial
mandatory
pupil
reassignment
busing
california
appeal
reversed
concluding
trial
findings
fact
support
conclusion
district
violated
federal
constitution
intentional
segregation
appeal
also
held
proposition
constitutional
fourteenth
amendment
barred
part
plan
requiring
mandatory
student
reassignment
busing
held
proposition
violate
fourteenth
amendment
pp
decisions
support
contention
state
chooses
fourteenth
amendment
requires
may
never
recede
interpretation
amendment
destructive
state
democratic
processes
ability
experiment
dealing
problems
heterogeneous
population
proposition
embody
expressly
implicitly
racial
classification
simple
repeal
modification
desegregation
antidiscrimination
laws
without
embody
presumptively
invalid
racial
classification
pp
proposition
characterized
something
mere
repeal
hunter
erickson
distinguished
state
constitution
still
places
upon
school
boards
greater
duty
desegregate
fourteenth
amendment
proposition
allocate
governmental
judicial
power
basis
discriminatory
principle
dual
system
one
racial
majority
one
racial
minority
established
simply
civil
rights
remedies
different
available
areas
constitutional
people
state
determine
fourteenth
amendment
standard
appropriate
california
courts
apply
desegregation
cases
standard
repealed
proposition
pp
even
assumed
proposition
disproportionate
adverse
effect
racial
minorities
reason
differ
state
appellate
conclusion
proposition
fact
enacted
discriminatory
purpose
purposes
proposition
chief
among
educational
benefits
neighborhood
schooling
legitimate
nondiscriminatory
objectives
state
characterized
claim
discriminatory
intent
part
millions
voters
pure
speculation
pp
powell
delivered
opinion
burger
brennan
white
blackmun
rehnquist
stevens
joined
blackmun
filed
concurring
opinion
brennan
joined
post
marshall
filed
dissenting
opinion
post
laurence
tribe
argued
cause
petitioners
briefs
fred
okrand
mark
rosenbaum
mary
ellen
gale
bruce
ennis
richard
larson
paul
hoffman
william
shea
argued
cause
respondents
brief
respondent
board
education
city
los
angeles
peter
james
david
peterson
michael
johnson
jerry
halverson
cliff
fridkis
filed
brief
respondent
bustop
inc
solicitor
general
lee
argued
cause
amicus
curiae
urging
affirmance
brief
assistant
attorney
general
reynolds
deputy
solicitor
general
wallace
richard
wilkins
briefs
amici
curiae
urging
reversal
filed
steven
shiffrin
african
american
education
commission
et
al
louis
wolcher
mark
aaronson
vilma
martinez
peter
roos
william
robinson
norman
chachkin
lawyers
committee
civil
rights
law
et
al
alan
marer
william
keogh
joseph
cotchett
margaret
tinsley
et
al
briefs
amici
curiae
urging
affirmance
filed
george
deukmejian
attorney
general
willard
shank
chief
assistant
attorney
general
richard
martland
assistant
attorney
general
geoffrey
graybill
deputy
attorney
general
state
california
anthony
blankley
congresswoman
bobbi
fieldler
kip
edwards
michael
torpey
palo
alto
unified
school
district
briefs
amici
curiae
filed
john
larson
james
briggs
allan
mckittrick
steven
carnevale
county
los
angeles
leonard
sacks
state
senator
alan
robbins
thomas
casey
iii
belmont
school
district
et
al
penn
foote
california
teachers
association
robert
finch
citizens
legal
defense
alliance
myron
alexander
league
women
voters
california
john
mcternan
george
slaff
members
bar
state
california
ronald
zumbrun
john
findley
pacific
legal
foundation
justice
powell
delivered
opinion
amendment
california
constitution
provides
state
courts
shall
order
mandatory
pupil
assignment
transportation
unless
federal
remedy
violation
equal
protection
clause
fourteenth
amendment
constitution
question
decision
whether
provision
violation
fourteenth
amendment
litigation
began
almost
years
ago
minority
students
attending
school
los
angeles
unified
school
district
district
filed
class
action
state
seeking
desegregation
district
schools
case
went
trial
five
years
later
trial
issued
opinion
finding
district
substantially
segregated
violation
state
federal
constitutions
ordered
district
prepare
desegregation
plan
immediate
use
app
district
appeal
california
affirmed
different
basis
crawford
board
education
cal
trial
found
de
jure
segregation
violation
fourteenth
amendment
constitution
see
app
california
based
affirmance
solely
upon
equal
protection
clause
state
constitution
explained
california
constitution
state
school
boards
bear
constitutional
obligation
take
reasonable
steps
alleviate
segregation
public
schools
whether
segregation
de
facto
de
jure
origin
cal
remanded
trial
preparation
reasonably
feasible
plan
school
desegregation
remand
trial
rejected
district
mostly
voluntary
desegregation
plan
ultimately
approved
second
plan
included
substantial
mandatory
school
reassignment
transportation
busing
racial
ethnic
basis
plan
put
effect
fall
one
year
experience
parties
litigation
dissatisfied
see
cal
app
cal
rptr
although
plan
continued
operation
trial
began
considering
alternatives
october
november
voters
state
california
ratified
proposition
amendment
due
process
equal
protection
clauses
state
constitution
proposition
conforms
power
state
courts
order
busing
exercised
federal
courts
fourteenth
amendment
state
may
impose
upon
state
california
public
entity
board
official
obligation
responsibility
respect
use
pupil
school
assignment
pupil
transportation
except
remedy
specific
violation
party
also
constitute
violation
equal
protection
clause
amendment
constitution
unless
federal
permitted
federal
decisional
law
impose
obligation
responsibility
upon
party
remedy
specific
violation
equal
protection
clause
california
appeal
reversed
cal
app
cal
rptr
found
trial
findings
fact
support
conclusion
district
violated
federal
constitution
intentional
segregation
thus
proposition
applicable
trial
desegregation
plan
bar
part
plan
requiring
mandatory
student
reassignment
transportation
moreover
concluded
proposition
constitutional
fourteenth
amendment
cal
found
obligation
part
state
retain
greater
remedy
state
law
racial
segregation
provided
federal
constitution
ibid
rejected
claim
proposition
adopted
discriminatory
purpose
cal
determining
proposition
applicable
constitutional
appeal
vacated
orders
entered
superior
california
denied
hearing
app
pet
cert
granted
certiorari
ii
agree
california
appeal
rejecting
contention
state
chooses
fourteenth
amendment
requires
may
never
recede
reject
interpretation
fourteenth
amendment
destructive
state
democratic
processes
ability
experiment
interpretation
support
decisions
proposition
inhibit
enforcement
federal
law
constitutional
requirement
quite
contrary
plain
language
proposition
seeks
embrace
requirements
federal
constitution
respect
mandatory
school
assignments
transportation
paradoxical
conclude
adopting
equal
protection
clause
fourteenth
amendment
voters
state
thereby
violated
moreover
even
proposition
california
constitution
still
imposes
greater
duty
desegregation
federal
constitution
state
courts
california
continue
obligation
state
law
order
segregated
school
districts
use
voluntary
desegregation
techniques
whether
finding
intentional
segregation
school
districts
retain
obligation
take
reasonably
feasible
steps
desegregate
remain
free
adopt
reassignment
busing
plans
effectuate
desegregation
nonetheless
petitioners
contend
proposition
unconstitutional
face
argue
proposition
employs
explicit
racial
classification
imposes
burden
minorities
seeking
vindicate
rights
limiting
power
state
courts
enforce
right
desegregated
schools
petitioners
contend
proposition
creates
dual
system
discriminates
basis
race
emphasize
rights
may
vindicated
state
courts
without
limitation
remedies
petitioners
argue
dual
system
created
proposition
unconstitutional
unless
supported
compelling
state
interest
agree
proposition
employed
racial
classification
unconstitutional
unless
necessary
compelling
state
interest
racial
classification
regardless
purported
motivation
presumptively
invalid
upheld
upon
extraordinary
justification
personnel
administrator
massachusetts
feeney
see
mclaughlin
florida
proposition
embody
racial
classification
neither
says
implies
persons
treated
differently
account
race
simply
forbids
state
courts
order
pupil
school
assignment
transportation
absence
fourteenth
amendment
violation
benefit
seeks
confer
neighborhood
schooling
made
available
regardless
race
discretion
school
boards
indeed
even
proposition
racially
discriminatory
effect
view
demographic
mix
district
clear
race
races
affected
way
addition
previously
held
even
neutral
law
disproportionately
adverse
effect
racial
minority
fourteenth
amendment
violated
discriminatory
purpose
shown
similarly
recognized
distinction
may
exist
state
action
discriminates
basis
race
state
action
addresses
neutral
fashion
matters
distinction
implicit
repeated
statement
equal
protection
clause
violated
mere
repeal
legislation
policies
required
federal
constitution
first
place
dayton
bd
education
brinkman
found
school
board
mere
repudiation
earlier
resolution
calling
desegregation
violate
fourteenth
amendment
reitman
mulkey
hunter
erickson
careful
note
laws
review
mere
ly
repeal
existing
antidiscrimination
legislation
sum
simple
repeal
modification
desegregation
antidiscrimination
laws
without
never
viewed
embodying
presumptively
invalid
racial
classification
hold
mere
repeal
legislation
unconstitutional
limit
seriously
authority
deal
problems
heterogeneous
population
committed
irrevocably
legislation
proved
unsuccessful
even
harmful
practice
certainly
purposes
fourteenth
amendment
advanced
interpretation
discouraged
providing
greater
protection
racial
minorities
purposes
amendment
furthered
requiring
maintain
legislation
designed
ameliorate
race
relations
protect
racial
minorities
produced
opposite
effects
yet
results
requiring
state
maintain
legislation
proved
unworkable
harmful
state
obligation
adopt
legislation
first
place
moreover
relevant
case
interpret
fourteenth
amendment
require
people
state
adhere
judicial
construction
state
constitution
constitution
vests
final
authority
people
iii
petitioners
seek
avoid
force
foregoing
considerations
arguing
proposition
mere
repeal
relying
primarily
decision
hunter
erickson
supra
contend
proposition
simply
repeal
right
fundamentally
alters
judicial
system
seeking
redress
racial
isolation
violation
state
law
must
satisfied
less
full
relief
state
view
hunter
controlling
persuaded
petitioners
characterization
proposition
something
mere
repeal
hunter
akron
city
charter
amended
voters
provide
ordinance
regulating
real
estate
basis
race
color
religion
national
origin
take
effect
approved
referendum
result
charter
amendment
fair
housing
ordinance
adopted
city
council
earlier
date
longer
effective
holding
charter
amendment
invalid
fourteenth
amendment
held
charter
amendment
simple
repeal
fair
housing
ordinance
amendment
suspended
operation
existing
ordinance
forbidding
housing
discrimination
also
required
approval
electors
future
antidiscrimination
ordinance
take
effect
thus
whereas
ordinances
regulating
real
property
take
effect
enacted
city
council
ordinances
prohibiting
racial
discrimination
housing
forced
clear
additional
hurdle
charter
amendment
placed
impermissible
special
burde
racial
minorities
within
governmental
process
hunter
involved
mere
repeal
fair
housing
ordinance
persons
seeking
antidiscrimination
housing
laws
presumptively
racial
minorities
singled
mandatory
referendums
group
face
obstacle
james
valtierra
contrast
even
assumption
racial
minorities
benefited
busing
required
state
law
proposition
less
repeal
california
equal
protection
clause
noted
proposition
state
constitution
still
places
upon
school
boards
greater
duty
desegregate
fourteenth
amendment
said
proposition
distorts
political
process
racial
reasons
allocates
governmental
judicial
power
basis
discriminatory
principle
constitution
require
things
different
fact
opinion
treated
law
though
tigner
texas
remedies
appropriate
one
area
legislation
may
desirable
another
remedies
available
violation
antitrust
laws
example
different
available
violation
civil
rights
acts
yet
dual
system
one
racial
majority
one
racial
minority
established
simply
civil
rights
remedies
different
available
areas
surely
constitutional
california
caution
although
circumstances
busing
appropriate
useful
element
desegregation
plan
circumstances
costs
financial
educational
terms
render
use
inadvisable
see
supra
equally
constitutional
people
state
determine
standard
fourteenth
amendment
appropriate
california
courts
apply
desegregation
cases
standard
repealed
proposition
short
gone
beyond
requirements
federal
constitution
state
free
return
part
standard
prevailing
generally
throughout
conformed
law
federal
constitution
every
respect
chose
pull
back
part
preserving
greater
right
desegregation
exists
federal
constitution
assuredly
render
proposition
unconstitutional
face
iv
california
appeal
also
rejected
petitioners
claim
proposition
facially
valid
nonetheless
unconstitutional
enacted
discriminatory
purpose
reasoned
purposes
proposition
well
stated
proposition
voters
may
motivated
purposes
chief
among
educational
benefits
neighborhood
schooling
found
voters
also
may
considered
extent
mandatory
busing
authorized
state
law
actually
aggravating
rather
ameliorating
desegregation
problem
see
supra
characterized
petitioners
claim
discriminatory
intent
part
millions
voters
pure
speculation
cal
app
cal
reitman
mulkey
considered
constitutionality
another
california
proposition
case
california
concluded
proposition
unconstitutional
gave
state
approval
private
racial
discrimination
agreed
deferring
findings
made
california
noted
california
armed
knowledge
facts
circumstances
concerning
passage
potential
impact
proposition
familiar
milieu
provision
operate
similarly
case
involving
circumstances
passage
potential
impact
proposition
adopted
statewide
election
see
reason
differ
conclusions
state
appellate
decisions
law
neutral
face
still
may
unconstitutional
motivated
discriminatory
purpose
determining
whether
purpose
motivating
factor
racially
disproportionate
effect
official
action
provides
important
starting
point
personnel
administrator
massachusetts
feeney
quoting
arlington
heights
metropolitan
housing
dev
proposition
way
purports
limit
power
state
courts
remedy
effects
intentional
segregation
accompanying
stigma
benefits
neighborhood
schooling
racially
neutral
manifestly
true
los
angeles
public
school
body
composed
groups
viewed
racial
minorities
see
nn
supra
moreover
proposition
simply
removes
one
means
achieving
right
desegregated
education
school
districts
retain
obligation
alleviate
segregation
regardless
cause
state
courts
still
may
order
desegregation
measures
pupil
school
assignment
pupil
transportation
even
assume
proposition
disproportionate
adverse
effect
racial
minorities
see
reason
challenge
appeal
conclusion
voters
state
motivated
discriminatory
purpose
see
cal
app
cal
case
proposition
approved
overwhelming
majority
electorate
received
support
members
races
purposes
proposition
stated
text
legitimate
nondiscriminatory
objectives
circumstances
dispute
judgment
appeal
impugn
motives
state
electorate
accordingly
judgment
california
appeal
affirmed
footnotes
findings
case
adequately
support
trial
conclusion
segregation
defendant
school
district
de
jure
nature
shall
explain
however
rest
decision
characterization
continue
adhere
conclusion
jackson
pasadena
city
school
cal
school
boards
california
bear
constitutional
obligation
take
reasonably
feasible
steps
alleviate
school
segregation
regardless
cause
crawford
board
education
cal
explained
federal
cases
controlling
focusing
primarily
federal
decisions
defendant
ignores
significant
line
california
decisions
decisions
authoritatively
establish
state
school
boards
bear
constitutional
obligation
take
reasonable
steps
alleviate
segregation
public
schools
whether
segregation
de
facto
de
jure
origin
stating
general
principles
guide
trial
remand
state
discussed
busing
question
critics
sometimes
attempted
obscure
issue
decisions
time
time
emphasized
busing
constitutional
end
simply
one
potential
tool
may
utilized
satisfy
school
district
constitutional
obligation
field
circumstances
busing
appropriate
useful
element
desegregation
plan
instances
costs
financial
educational
terms
render
use
inadvisable
noted
well
state
intervene
speed
desegregation
process
long
school
board
takes
reasonably
feasible
steps
alleviate
school
segregation
properly
issue
busing
order
long
school
district
continues
meet
constitutional
obligations
plan
provided
mandatory
reassignment
approximately
students
fourth
eighth
grades
children
bused
long
distances
requiring
daily
bus
rides
long
two
four
hours
addition
plan
provided
voluntary
transfer
students
respondent
bustop
unsuccessfully
sought
stay
implementation
plan
see
bustop
board
education
rehnquist
chambers
bustop
board
education
powell
chambers
proposition
placed
voters
following
vote
house
state
legislature
cal
art
state
senate
approved
proposition
vote
state
assembly
vote
voters
favored
proposition
vote
proposition
received
majority
vote
state
counties
state
assembly
districts
california
secretary
state
statement
vote
november
election
proposition
added
lengthy
proviso
art
california
constitution
following
passage
proposition
provides
relevant
part
person
may
deprived
life
liberty
property
without
due
process
law
denied
equal
protection
laws
provided
nothing
contained
herein
elsewhere
constitution
imposes
upon
state
california
public
entity
board
official
obligations
responsibilities
exceed
imposed
equal
protection
clause
amendment
constitution
respect
use
pupil
school
assignment
pupil
transportation
enforcing
subdivision
provision
constitution
state
may
impose
upon
state
california
public
entity
board
official
obligation
responsibility
respect
use
pupil
school
assignment
pupil
transportation
except
remedy
specific
violation
party
also
constitute
violation
equal
protection
clause
amendment
constitution
unless
federal
permitted
federal
decisional
law
impose
obligation
responsibility
upon
party
remedy
specific
violation
equal
protection
clause
amendment
constitution
nothing
herein
shall
prohibit
governing
board
school
district
voluntarily
continuing
commencing
school
integration
plan
effective
date
subdivision
amended
amending
subdivision
legislature
people
state
california
find
declare
amendment
necessary
serve
compelling
public
interests
including
making
effective
use
limited
financial
resources
prospectively
available
support
public
education
maximizing
educational
opportunities
protecting
health
safety
public
school
pupils
enhancing
ability
parents
participate
educational
process
preserving
harmony
tranquility
state
public
schools
preventing
waste
scarce
fuel
resources
protecting
environment
superior
ordered
immediate
implementation
revised
plan
district
unsuccessful
effort
gain
stay
plan
pending
appeal
see
board
education
superior
rehnquist
chambers
findings
trial
reviewed
light
correct
applicable
federal
law
apparent
specific
segregative
intent
discriminatory
purpose
found
thrust
findings
trial
passive
maintenance
board
neighborhood
school
system
face
widespread
residential
racial
imbalance
amounted
de
jure
segregation
violation
fourteenth
amendment
school
board
duty
fourteenth
amendment
meet
overcome
effect
population
movements
cal
app
cal
appeal
also
rejected
claim
proposition
deprived
minority
children
vested
right
desegregated
education
violation
due
process
see
cal
petitioners
longer
advance
claim
march
district
directed
mandatory
pupil
reassignment
superior
revised
plan
terminated
april
date
parents
children
reassigned
given
option
returning
children
neighborhood
schools
according
respondent
board
education
approximately
pupils
took
option
minority
students
brief
respondent
board
education
state
courts
refused
enjoin
termination
plan
april
however
district
central
district
california
issued
temporary
restraining
order
preventing
termination
plan
los
angeles
naacp
los
angeles
unified
school
district
supp
district
found
fair
chance
intentional
segregation
district
demonstrated
district
order
vacated
following
day
appeals
ninth
circuit
los
angeles
unified
school
district
district
remand
district
denied
district
motion
dismiss
ruling
certified
interlocutory
appeal
see
brief
respondent
board
education
september
superior
approved
new
voluntary
desegregation
plan
respondent
bustop
argues
far
fourteenth
amendment
requires
state
actually
violated
amendment
assigning
students
basis
race
assignments
necessary
remedy
federal
constitutional
violation
see
brief
respondent
bustop
reach
contention
respect
case
differs
situation
presented
washington
seattle
school
district
ante
opinion
delivered
proposition
enacted
california
stated
amendment
neither
releases
school
districts
state
constitutional
obligation
take
reasonably
feasible
steps
alleviate
segregation
regardless
cause
divests
california
courts
authority
order
desegregation
measures
pupil
school
assignment
pupil
transportation
mckinny
oxnard
union
high
school
district
board
trustees
cal
moreover
proposition
limits
state
courts
enforcing
state
constitution
thus
proposition
bar
enforcement
state
statutes
requiring
busing
desegregation
purpose
cf
brown
califano
app
legislation
limiting
power
federal
agency
require
busing
local
school
boards
held
constitutional
view
effective
avenues
desegregation
left
open
legislation
racial
discrimination
judicial
apparatus
state
racial
discrimination
state
schools
petitioners
challenge
fourteenth
amendment
case
brief
petitioners
hunter
erickson
invalidated
city
charter
amendment
placed
special
burden
racial
minorities
political
process
considered
although
law
neutral
face
reality
law
impact
falls
minority
light
reality
distortion
political
process
worked
charter
amendment
considered
amendment
employed
racial
classification
despite
facial
neutrality
case
elements
underlying
holding
hunter
missing
see
infra
neighborhood
school
policy
offend
fourteenth
amendment
see
swann
bd
absent
constitutional
violation
basis
judicially
ordering
assignment
students
racial
basis
things
equal
history
discrimination
might
well
desirable
assign
pupils
schools
nearest
homes
cf
congress
declares
policy
children
enrolled
public
schools
entitled
equal
educational
opportunity
without
regard
race
color
sex
national
origin
neighborhood
appropriate
basis
determining
public
school
assignments
los
angeles
school
district
white
students
racial
minority
see
supra
similarly
los
angeles
county
racial
minorities
including
spanish
origin
constitute
majority
population
see
dept
commerce
census
population
housing
california
advance
reports
mar
see
washington
davis
arlington
heights
metropolitan
housing
dev
james
valtierra
proposition
limited
busing
purpose
racial
desegregation
applies
neutrally
pupil
school
assignment
pupil
transportation
general
even
clear
busing
excess
required
fourteenth
amendment
one
means
desegregating
schools
prompted
initiation
probably
adoption
proposition
see
dayton
bd
ed
brinkman
racial
imbalance
noted
dayton
per
se
constitutional
violation
rescission
prior
resolutions
proposing
desegregation
unconstitutional
resolutions
required
first
place
fourteenth
amendment
hunter
noted
hold
mere
repeal
existing
antidiscrimination
ordinance
violates
fourteenth
amendment
reitman
held
california
proposition
unconstitutional
fourteenth
amendment
repealed
two
pieces
antidiscrimination
legislation
proposition
involved
state
private
racial
discrimination
dealing
provision
repeal
existing
law
forbidding
private
racial
discriminations
section
intended
authorize
authorize
racial
discrimination
housing
market
course
purpose
repealing
legislation
disadvantage
racial
minority
repeal
unconstitutional
reason
see
reitman
mulkey
see
palmer
thompson
hold
every
public
facility
service
opened
constitutionally
locks
public
sponsor
may
dropped
plainly
discourage
expansion
enlargement
needed
services
long
run
burger
concurring
reitman
mulkey
supra
opponents
state
antidiscrimination
statutes
position
argue
legislation
defeated
enacted
may
unrepealable
harlan
dissenting
dissenting
opinion
reitman
mulkey
supra
justice
harlan
remarked
upon
need
legislative
flexibility
dealing
delicate
troublesome
problems
race
relations
noted
lines
must
drawn
area
fraught
human
sensibilities
frailties
whatever
race
creed
difficult
ones
drawing
requires
understanding
patience
compromise
best
done
legislatures
rather
courts
legislation
field
unsuccessful
wide
opportunities
legislative
amendment
well
change
processes
popular
initiative
referendum
tr
oral
arg
see
fact
state
may
free
remove
right
remove
duty
mean
freedom
leave
right
place
simply
discriminatory
way
argue
provide
less
full
judicial
remedy
case
us
city
akron
attempted
allocate
governmental
power
basis
general
principle
provision
clear
purpose
making
difficult
certain
racial
religious
minorities
achieve
legislation
interest
harlan
concurring
hunter
noted
although
law
face
treats
negro
white
jew
gentile
identical
manner
charter
amendment
making
difficult
pass
antidiscrimination
legislation
disadvantage
racial
minorities
governmental
process
petitioners
contend
proposition
restricts
busing
purpose
racial
discrimination
proposition
neutral
face
however
respondents
well
state
amicus
brief
take
issue
petitioners
interpretation
provision
similarly
dual
constitution
established
state
chooses
go
beyond
requirements
federal
constitution
areas
others
dual
executive
branch
created
agency
given
enforcement
powers
one
area
another
cf
brown
califano
app
upholding
federal
legislation
prohibiting
federal
executive
agency
local
school
officials
federal
courts
requiring
busing
proposition
contains
statement
purpose
legislature
people
state
california
find
declare
amendment
necessary
serve
compelling
public
interests
including
making
effective
use
limited
financial
resources
prospectively
available
support
public
education
maximizing
educational
opportunities
protecting
health
safety
public
school
pupils
enhancing
ability
parents
participate
educational
process
preserving
harmony
tranquility
state
public
schools
preventing
waste
scarce
fuel
resources
protecting
environment
cf
washington
davis
extent
deference
one
pays
trial
determination
factual
issue
indeed
extent
one
characterizes
intent
issue
question
fact
question
law
vary
different
contexts
stevens
concurring
brown
califano
supra
appeals
found
federal
statute
preventing
department
health
education
welfare
hew
requiring
busing
school
school
nearest
student
home
unconstitutional
hew
retained
authority
encourage
school
districts
desegregate
means
enforcement
powers
department
justice
left
untouched
therefore
concluded
limits
hew
ability
order
mandatory
busing
discriminatory
effect
done
refused
inquire
legislative
motivation
absent
discriminatory
effect
judicial
inquiry
legislative
motivation
unnecessary
well
undesirable
app
omitted
cf
washington
davis
supra
stevens
concurring
unrealistic
invalidate
otherwise
legitimate
action
simply
improper
motive
affected
deliberation
participant
decisional
process
law
conscripting
clerics
invalidated
atheist
voted
proposition
received
support
voters
los
angeles
county
minority
population
including
persons
spanish
origin
california
secretary
state
statement
vote
november
election
see
supra
contrast
proposition
received
smallest
percentage
vote
humboldt
marin
counties
nearly
composition
justice
blackmun
justice
brennan
joins
concurring
join
opinion
write
separately
address
believe
critical
distinctions
case
washington
seattle
school
district
ante
always
recognized
distortions
political
process
special
implications
attempts
achieve
equal
protection
laws
thus
found
particularly
pernicious
classifications
threaten
ability
minorities
involve
process
laws
drawn
within
framework
hunter
erickson
harlan
concurring
unlikely
drawn
principles
conclusion
seattle
followed
inexorably
considerations
case
statewide
electorate
reallocated
decisionmaking
authority
mak
difficult
certain
racial
religious
minorities
members
community
achieve
legislation
interest
washington
seattle
school
district
ante
emphasis
original
quoting
hunter
erickson
harlan
concurring
found
political
structure
impermissible
recognizing
class
participate
effectively
process
rights
remedies
order
society
created
class
necessarily
relegated
state
fiat
basic
way
status
plyler
doe
blackmun
concurring
view
something
significantly
different
involved
case
state
courts
create
rights
enforce
rights
originate
elsewhere
state
legislature
state
political
subdivisions
state
constitution
one
rights
repealed
therefore
rendered
unenforceable
courts
action
hardly
said
restructure
state
decisionmaking
mechanism
california
electorate
may
made
difficult
achieve
desegregation
enacted
proposition
mind
working
structural
change
political
process
much
simply
repealing
right
invoke
judicial
busing
remedy
indeed
ruling
petitioners
hunter
theory
seemingly
mean
statutory
antidiscrimination
programs
never
repealed
repeal
enactment
mean
enforcement
authority
previously
lodged
state
courts
removed
another
political
entity
short
people
california
entity
put
place
state
constitution
created
enforceable
obligation
desegregate
made
desegregation
obligation
judicially
unenforceable
political
process
decisionmaking
mechanism
used
address
racially
conscious
legislation
singled
peculiar
disadvantageous
treatment
washington
seattle
school
district
ante
emphasis
original
political
mechanisms
create
repeal
rights
ultimately
enforced
courts
left
entirely
unaffected
proposition
conclude
repeal
right
analogously
removal
judiciary
ability
enforce
right
curtail
operation
political
processes
ordinarily
relied
upon
protect
minorities
ante
quoting
carolene
products
find
seattle
distinguishable
case
join
opinion
judgment
justice
marshall
dissenting
today
addresses
two
state
ballot
measures
constitutional
amendment
statutory
initiative
admittedly
designed
substantially
curtail
eliminate
use
mandatory
student
assignment
transportation
remedy
de
facto
segregation
washington
seattle
school
district
ante
seattle
concludes
washington
initiative
effectively
prevents
school
boards
ordering
mandatory
school
assignment
absence
finding
de
jure
segregation
within
meaning
fourteenth
amendment
unconstitutional
uses
racial
nature
issue
define
governmental
decisionmaking
structure
thus
imposes
substantial
unique
burdens
racial
minorities
seattle
ante
inexplicably
simultaneously
concludes
california
proposition
effectively
prevents
state
ordering
mandatory
remedies
absence
finding
de
jure
segregation
constitutional
gone
beyond
requirements
federal
constitution
state
free
return
part
standard
prevailing
generally
throughout
ante
fail
see
fundamental
redefinition
governmental
decisionmaking
structure
respect
racial
issue
unconstitutional
state
seeks
remove
authority
local
school
boards
yet
constitutional
state
attempts
achieve
result
limiting
power
courts
must
dissent
decision
uphold
proposition
order
understand
fully
implications
action
today
necessary
place
facts
concerning
adoption
proposition
proper
context
nearly
two
decades
ago
unanimous
california
declared
segregation
school
children
separate
schools
race
even
though
physical
facilities
methods
quality
instruction
several
schools
may
equal
deprives
children
minority
group
equal
opportunities
education
denies
equal
protection
due
process
law
jackson
pasadena
city
school
district
cal
recognizing
right
equal
opportunity
education
harmful
consequences
segregation
differ
according
cause
racial
isolation
california
declined
adopt
distinction
de
facto
de
jure
segregation
engrafted
fourteenth
amendment
instead
clearly
held
school
boards
must
take
steps
insofar
reasonably
feasible
alleviate
racial
imbalance
schools
regardless
cause
california
subsequently
explained
duty
established
jackson
require
school
district
reflect
racial
composition
district
whole
crawford
board
education
cal
crawford
rather
sufficient
school
authorities
take
reasonable
feasible
steps
eliminate
segregated
schools
schools
minority
student
enrollment
disproportionate
realistically
isolate
minority
students
students
thus
deprive
minority
students
integrated
educational
experience
emphasis
original
moreover
california
courts
made
clear
primary
responsibility
implementing
state
constitutional
duty
lies
local
school
boards
long
local
school
board
initiates
implements
reasonably
feasible
steps
alleviate
school
segregation
district
long
steps
produce
meaningful
progress
alleviation
segregation
harmful
consequences
judiciary
intervene
desegregation
process
however
school
board
neglects
refuses
implement
meaningful
programs
designed
bring
end
racial
isolation
public
schools
left
alternative
intervene
protect
constitutional
rights
minority
children
judicial
intervention
necessary
may
exercise
broad
equitable
powers
formulating
supervising
plan
finds
insure
meaningful
progress
alleviate
harmful
consequences
school
segregation
district
moreover
school
board
defaults
constitutional
task
devising
remedial
order
precluded
requiring
busing
children
part
reasonably
feasible
desegregation
plan
like
many
decisions
protecting
rights
minorities
california
decision
eradicate
evils
segregation
regardless
cause
popular
one
nearly
two
decades
since
state
decision
jackson
repeated
attempts
restrain
school
boards
courts
enforcing
constitutional
guarantee
means
mandatory
student
transfers
assignments
shortly
san
francisco
unified
school
district
voluntarily
adopted
desegregation
plan
involving
mandatory
student
assignment
california
legislature
enacted
education
code
cal
educ
code
ann
currently
codified
cal
educ
code
ann
west
provides
governing
board
school
district
shall
require
student
pupil
transported
purpose
reason
without
written
permission
parent
guardian
san
francisco
unified
school
district
johnson
cal
california
interpreted
provision
bar
school
district
compelling
students
without
parental
consent
use
means
transportation
furnished
district
construing
statute
prohibit
nonconsensual
assignment
students
purpose
eradicating
de
jure
de
facto
segregation
concluded
clearly
violate
state
federal
constitutions
exorcising
method
many
circumstances
sole
exclusive
means
eliminating
racial
segregation
schools
next
year
opponents
mandatory
student
assignment
purpose
achieving
racial
balance
attempted
eviscerate
state
constitutional
guarantee
recognized
jackson
proposition
enacted
referendum
november
stated
public
school
student
shall
race
creed
color
assigned
required
attend
particular
school
predictably
california
struck
proposition
reasons
set
forth
us
johnson
santa
barbara
school
district
superior
cal
finally
people
california
enacted
proposition
proposition
like
previous
initiatives
effectively
deprived
california
courts
ability
enforce
state
constitutional
guarantee
minority
children
attend
racially
isolated
schools
use
may
sole
exclusive
means
eliminating
racial
segregation
schools
san
francisco
unified
school
district
johnson
supra
mandatory
student
assignment
transfer
unlike
earlier
attempts
accomplish
objective
however
proposition
purport
prevent
mandatory
assignments
transfers
measures
predicated
violation
federal
constitution
therefore
question
presented
case
whether
fact
mandatory
transfers
may
still
made
vindicate
federal
constitutional
rights
saves
initiative
constitutional
infirmity
presented
previous
attempts
accomplish
objective
view
recitation
obvious
state
constitutional
amendment
override
federal
constitutional
guarantees
work
deprive
minority
children
california
federally
protected
right
equal
protection
laws
ii
seattle
exhaustively
set
relevant
principles
control
present
inquiry
found
series
precedents
exemplified
hunter
erickson
lee
nyquist
supp
wdny
summarily
aff
establish
fourteenth
amendment
prohibits
state
allocating
governmental
power
nonneutrally
explicitly
using
racial
nature
decision
determine
decisionmaking
process
seattle
ante
emphasis
original
concluded
state
action
kind
places
special
burdens
racial
minorities
within
governmental
process
thereby
making
difficult
certain
racial
religious
minorities
members
community
achieve
legislation
interest
ibid
emphasis
original
quoting
hunter
erickson
supra
harlan
concurring
therefore
necessary
determine
whether
proposition
works
nonneutral
reallocation
governmental
power
basis
racial
nature
decision
determination
also
informed
decision
seattle
case
presented
statewide
initiative
effectively
precluded
local
school
boards
ordering
mandatory
student
assignment
transfer
except
required
remedy
constitutional
violation
concluded
initiative
violated
fourteenth
amendment
reallocated
decisionmaking
authority
racial
issues
local
school
board
new
remote
level
government
seattle
ante
reaching
conclusion
specifically
affirmed
three
principles
particularly
relevant
present
inquiry
first
rejected
state
argument
statewide
initiative
prohibiting
mandatory
student
assignment
racial
overtones
simply
mention
words
race
integration
seattle
ante
noted
either
initiative
sponsors
district
appeals
difficulty
perceiving
racial
nature
issue
settled
initiative
ibid
light
language
history
surrounding
adoption
found
beyond
reasonable
dispute
initiative
enacted
merely
spite
adverse
effects
upon
busing
integration
quoting
personnel
administrator
massachusetts
feeney
moreover
rejected
solicitor
general
remarkable
contention
contention
also
pressed
busing
integration
peculiarly
racial
issue
seattle
ante
discounting
value
integrated
education
nonminority
students
concluded
lee
nyquist
supra
definitively
established
desegregation
public
schools
bottom
inures
primarily
benefit
minority
designed
purpose
thereby
bringing
within
hunter
doctrine
seattle
ante
second
seattle
determined
initiative
unconstitutionally
reallocated
power
local
school
boards
state
legislature
statewide
electorate
enactment
initiative
local
school
boards
continued
exercise
considerable
discretion
virtually
educational
matters
including
student
assignment
seeking
eradicate
de
facto
segregation
however
forced
surmount
considerably
higher
hurdle
persons
seeking
comparable
legislative
action
seattle
ante
instead
seeking
relief
local
school
board
pursuing
racial
issue
forced
appeal
different
remote
level
government
hunter
erickson
supra
interested
enacting
fair
housing
ordinances
compelled
gain
support
majority
electorate
held
reallocation
governmental
power
along
racial
lines
offends
equal
protection
clause
holding
altered
fact
seeking
combat
de
facto
segregation
still
pursue
cause
petitioning
local
boards
enact
voluntary
measures
seeking
action
state
legislature
persuaded
argument
transfer
power
occurred
state
ultimately
responsible
educational
policy
local
school
boards
found
sufficient
initiative
deprived
seeking
redress
racial
harm
right
seek
particularly
effective
form
redress
level
government
ordinarily
empowered
grant
remedy
finally
decision
seattle
implicitly
rejected
argument
state
action
reallocates
governmental
power
along
racial
lines
immunized
fact
specifically
leaves
intact
rights
guaranteed
fourteenth
amendment
fact
mandatory
pupil
reassignment
still
available
remedy
de
jure
segregation
alter
conclusion
unconstitutional
reallocation
power
occurred
respect
seeking
combat
de
facto
racial
isolation
public
schools
view
principles
inexorably
lead
conclusion
california
proposition
works
unconstitutional
reallocation
state
power
depriving
california
courts
ability
grant
meaningful
relief
seeking
vindicate
state
guarantee
de
facto
segregation
public
schools
despite
proposition
apparent
neutrality
beyond
reasonable
dispute
seattle
ante
majority
today
concedes
busing
excess
required
fourteenth
amendment
prompted
initiation
probably
adoption
proposition
ante
emphasis
original
minorities
may
consider
busing
integration
legislation
interest
seattle
ante
quoting
hunter
erickson
harlan
concurring
proposition
sufficiently
racial
invoke
hunter
doctrine
doubt
proposition
works
substantial
reallocation
state
power
prior
enactment
proposition
seeking
vindicate
rights
enumerated
california
jackson
pasadena
city
school
district
cal
interested
attaining
educational
objective
followed
procedure
first
california
minority
community
attempt
convince
local
school
board
voluntarily
comply
constitutional
obligation
take
reasonably
feasible
steps
eliminate
racial
isolation
public
schools
board
either
unwilling
unable
carry
constitutional
duty
seeking
redress
petition
california
state
courts
require
school
officials
live
obligations
busing
required
part
judicial
remedial
order
crawford
cal
whereas
initiative
attempted
deny
minority
children
first
step
procedure
proposition
eliminates
fiat
second
stage
ability
california
courts
order
meaningful
compliance
requirements
state
constitution
adoption
proposition
method
enforcing
recalcitrant
school
board
state
constitutional
duty
eliminate
racial
isolation
petition
either
state
legislature
electorate
whole
clearly
rules
game
significantly
changed
attempting
vindicate
state
constitutional
right
majority
seeks
conceal
unmistakable
effects
proposition
calling
mere
repeal
state
earlier
commitment
fourteenth
amendment
requires
ante
although
true
never
held
mere
repeal
existing
antidiscrimination
ordinance
violates
fourteenth
amendment
hunter
erickson
supra
equally
clear
reallocation
governmental
power
created
proposition
mere
repeal
within
meaning
prior
decisions
dayton
bd
education
brinkman
new
members
dayton
board
education
repudiated
resolution
drafted
predecessors
admitting
board
role
establishment
segregated
school
system
calling
various
remedial
actions
concluding
board
constitutionally
permitted
withdraw
prior
mea
culpa
careful
note
board
acted
undo
operative
regulations
affecting
assignment
pupils
aspects
management
school
affairs
emphasis
added
therefore
time
squarely
held
mere
repeal
violate
fourteenth
amendment
presented
situation
governmental
entity
rescinded
prior
statement
policy
without
affecting
existing
educational
policy
surprise
conduct
passed
constitutional
muster
contrast
seattle
hunter
reitman
mulkey
three
times
explicitly
rejected
argument
proposed
change
constituted
mere
repeal
existing
policy
alleged
rescission
accomplished
governmental
entity
entity
taken
initial
action
resulted
drastic
alteration
substantive
effect
existing
policy
case
falls
squarely
within
latter
category
sure
right
free
racial
isolation
public
schools
remains
unaffected
proposition
see
ante
see
mckinny
oxnard
union
high
school
district
board
trustees
cal
proposition
repeal
power
state
enforce
existing
constitutional
guarantee
use
mandatory
pupil
assignment
transfer
majority
asserts
fourteenth
amendment
require
people
state
adhere
judicial
construction
state
constitution
constitution
vests
final
authority
people
ante
state
authority
order
appropriate
remedies
state
constitutional
violations
however
based
final
authority
people
power
local
seattle
school
board
make
decisions
regarding
pupil
assignment
premised
state
ultimate
control
educational
process
rather
authority
california
courts
order
mandatory
student
assignments
context
springs
source
authority
underlying
remedial
measures
adopted
state
federal
courts
absence
statutory
authorization
courts
power
provide
equitable
relief
remedy
constitutional
violation
swann
board
education
crawford
cal
trial
may
exercise
broad
equitable
powers
formulating
supervising
plan
finds
insure
meaningful
progress
alleviate
school
segregation
even
assuming
source
power
remedy
constitutional
violation
traced
back
people
majority
conclusion
people
therefore
confer
remedial
power
discriminatory
basis
plainly
inconsistent
prior
decisions
hunter
erickson
struck
referendum
issue
even
though
people
akron
ohio
undoubtedly
retained
final
authority
legislation
similarly
seattle
concluded
reallocation
power
away
local
school
boards
offended
equal
protection
clause
even
though
state
washington
ultimately
responsible
providing
education
within
borders
ante
fact
change
enacted
popular
referendum
therefore
immunize
constitutional
review
see
lucas
colorado
general
assembly
seattle
hunter
reitman
proposition
repeal
state
enforcement
powers
work
independent
governmental
entity
state
courts
repeal
drastically
alters
substantive
rights
granted
existing
policy
patently
obvious
facts
litigation
prohibiting
california
courts
ordering
mandatory
student
assignment
necessary
eliminate
racially
isolated
schools
proposition
placed
enormous
barrier
minority
children
effective
enjoyment
constitutional
rights
barrier
placed
path
seek
vindicate
rights
granted
state
law
precedents
demonstrate
absent
compelling
state
interest
respondents
hardly
demonstrated
discriminatory
barrier
stand
fact
california
attempts
cloak
discrimination
mantle
fourteenth
amendment
alter
result
although
might
seem
paradoxical
members
referendum
adopts
wording
fourteenth
amendment
might
violate
paradox
specious
supremacy
clause
proposition
precisely
legal
effect
contained
reference
fourteenth
amendment
lesson
seattle
state
prohibiting
conduct
required
fourteenth
amendment
may
nonetheless
create
discriminatory
reallocation
governmental
power
violate
equal
protection
fact
less
effective
avenues
remain
open
interested
mandatory
student
assignment
eliminate
racial
isolation
like
fact
voters
hunter
conceivably
might
enacted
fair
housing
legislation
interested
busing
eliminate
racial
isolation
seattle
conceivably
might
use
state
referendum
process
justify
discriminatory
reallocation
governmental
decisionmaking
case
reallocation
power
occurs
judicial
process
major
arena
minorities
used
ensure
protection
rights
interest
hunter
erickson
supra
harlan
concurring
certainly
hunter
seattle
distinguished
ground
concerned
reallocation
legislative
power
whereas
proposition
redistributes
inherent
power
tailor
remedy
violation
long
recognized
courts
often
sole
practicable
avenue
open
minority
petition
redress
grievances
naacp
button
see
reitman
mulkey
invalidating
state
constitutional
amendment
right
discriminate
including
right
discriminate
racial
grounds
embodied
state
basic
charter
immune
legislative
executive
judicial
regulation
level
state
government
emphasis
added
wonder
present
case
amply
illustrates
whatever
progress
made
towards
elimination
de
facto
segregation
come
california
courts
indeed
proposition
denying
full
access
branch
government
willing
address
issue
meaningfully
far
worse
seeking
vindicate
plainly
unpopular
cause
racial
integration
public
schools
simple
reallocation
often
unavailable
unresponsive
legislative
process
paraphrase
surely
excessively
formal
exercise
argue
procedural
revisions
issue
hunter
seattle
imposed
special
burdens
minorities
selective
allocation
decisionmaking
authority
worked
proposition
erect
comparable
political
obstacles
seattle
ante
iii
even
effects
proposition
somehow
distinguished
enactments
issue
hunter
seattle
result
reached
majority
today
still
plainly
inconsistent
precedents
found
segregation
california
public
schools
violated
fourteenth
amendment
state
trial
never
considered
whether
proposition
unconstitutional
product
discriminatory
intent
despite
absence
factual
record
issue
appeal
rejected
petitioners
argument
law
motivated
discriminatory
intent
ground
recitation
several
potentially
legitimate
purposes
legislation
preamble
rendered
claim
enacted
invidious
purpose
pure
speculation
cal
app
cal
rptr
arlington
heights
metropolitan
housing
dev
declared
etermining
whether
invidious
discriminatory
purpose
motivating
factor
demands
sensitive
inquiry
circumstantial
direct
evidence
intent
may
available
petitioners
assert
disproportionate
impact
proposition
combined
circumstances
surrounding
adoption
history
opposition
integration
cited
supra
clearly
indicates
presence
discriminatory
intent
see
brief
petitioners
yet
despite
fact
inquiry
conducted
allegations
either
trial
appellate
haste
uphold
banner
neighborhood
schools
affirms
factual
determination
never
made
blind
allegiance
conclusory
statements
lower
plainly
forbidden
prior
decisions
iv
proposition
sense
better
washington
initiative
struck
seattle
generosity
california
voters
allowed
seeking
racial
balance
petition
school
officials
steadfastly
maintained
color
line
schoolhouse
door
comply
voluntarily
continuing
state
constitutional
duty
desegregate
time
voters
deprived
minorities
method
redress
proved
effective
full
remedial
powers
state
judiciary
name
state
ability
experiment
ante
today
allows
placement
yet
another
burden
path
seeking
counter
effects
nearly
three
centuries
racial
prejudice
decision
neither
justified
prior
decisions
consistent
duty
guarantee
citizens
equal
protection
laws
must
dissent
seattle
fact
types
student
transfers
conceivably
might
prohibited
alter
conclusion
neither
initiative
sponsors
district
appeals
difficulty
perceiving
racial
nature
issue
settled
proposition
seattle
ante
indeed
response
petition
certiorari
respondents
characterized
proposition
addressing
one
narrow
area
power
state
order
mandatory
student
assignment
transportation
desegregation
remedy
brief
opposition
therefore
irrelevant
whether
benefits
neighborhood
schooling
racially
neutral
majority
asserts
ante
see
ante
seattle
ante
specifically
rejected
argument
minorities
well
whites
supported
initiative
considered
racial
classification
question
practical
effect
proposition
deprive
state
courts
sole
exclusive
means
eliminating
racial
segregation
schools
san
francisco
unified
school
district
johnson
cal
often
noted
bus
transportation
long
integral
part
public
educational
systems
unlikely
truly
effective
remedy
devised
without
continued
reliance
upon
north
carolina
board
ed
swann
moreover
proposition
prevents
state
ordering
school
officials
take
action
respecting
pupil
school
assignment
well
pupil
transportation
presumably
state
courts
design
remedy
involving
pairing
clustering
schools
even
remedy
involve
busing
present
case
state
trial
found
voluntary
programs
proposed
los
angeles
school
board
constitutionally
suspect
place
burden
relieving
racial
isolation
minority
student
upon
minority
student
app
consequently
since
voluntary
program
serve
integrate
community
schools
seattle
ante
proposition
like
measures
issue
lee
nyquist
supp
wdny
summarily
aff
seattle
precludes
effective
enjoyment
california
minority
children
right
eliminate
racially
isolated
schools
reitman
mulkey
struck
another
california
ballot
measure
granting
every
resident
absolute
constitutional
right
sell
rent
property
whomever
chooses
held
provision
amounted
unconstitutional
authorization
private
discrimination
indeed
proposition
express
terms
allows
modification
existing
plans
upon
application
interested
person
art
majority
notes
proposition
people
state
california
find
declare
amendment
necessary
serve
compelling
public
interests
including
inter
alia
making
efficient
use
limited
financial
resources
protecting
health
safety
students
preserving
harmony
tranquility
protecting
environment
ante
purported
justifications
undoubtedly
meritorious
clearly
insufficient
sustain
racial
classification
established
proposition
often
noted
racial
classifications
may
upheld
necessary
merely
rationally
related
accomplishment
permissible
state
policy
mclaughlin
florida
goes
without
saying
conclusory
statement
necessity
suffice
fulfill
burden
see
swann
board
education
rejecting
similar
list
justifications
establishing
racial
classification
event
respondents
failed
show
purpose
impute
proposition
accomplished
alternative
methods
involving
racial
distinctions
lee
nyquist
parenthetically
interesting
note
allegedly
compelling
interest
establishing
neighborhood
schools
often
referred
majority
appears
nowhere
official
list
justifications
absence
mention
supposed
justification
surprising
light
fact
proposition
ban
student
assignment
effectively
prevents
desegregation
remedies
require
student
leave
neighborhood
see
supra
majority
reliance
reitman
mulkey
therefore
misplaced
deference
given
state
knowledge
facts
circumstances
concerning
passage
potential
impact
proposition
findings
ever
made
initiative
however
least
hinder
state
enforcing
state
constitution
seattle
ante
powell
dissenting