"legislative authority" to resolve these complex questions, and then the "school superintendent" for the entire area. In 1960, the Detroit system had 46% Negro students and 54% white students, but by 1970, 64% of the students were Negro and only 36% were white. I therefore concur in the judgment. 402 U.S. at 402 U. S. 26. Restrictive covenants maintained by state action or inaction build black ghettos. But the majority views the record as justifying the conclusion that "the need for educational components flowed directly from constitutional violations by both state and local officials." 468 F.2d 902 (CA6), cert. In joining the opinion of the Court, I think it appropriate, in view of some of the extravagant language of the dissenting opinions, to state briefly my understanding of what it is that the Court decides today. [Footnote 14] Second, the decree must indeed be remedial in nature, that is, it must be designed as nearly as possible "to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct." at 179, 187. In den 1970er Jahren hatten viele städtische Schulbezirke die Mehrheit der schwarzen Schüler. ", Accordingly, the Court of Appeals concluded that, "the only feasible desegregation plan involves the crossing of the boundary lines between the Detroit School District and adjacent or nearby school districts for the limited purpose of providing an effective desegregation plan. The court's analytical starting point was its conclusion that school district lines are no more than arbitrary lines on a map drawn "for political convenience." . The first sentence of § 12 of Act 48 was designed to delay the April 7, 1970, desegregation plan originally adopted by the Detroit Board. Fitzpatrick v. Bitzer, 427 U. S. 445 (1976). ", Desegregation is not and was never expected to be an easy task. ", Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 402 U. S. 28 (1971). . [Footnote 5] The State, for example, was found to have failed, until the 1971 Session of the Michigan Legislature, to provide authorization or. For example, Dr. Charles P. Kearney, Associate Superintendent for Research and School Administration for the Michigan Department of Education, gave the following testimony: "[T]he State Board and the Superintendent indicated that guidance and counseling appeared to deserve special emphasis in a desegregation effort. Two months later, the Bradley respondents also submitted a critique of the Board's plan; while criticizing the Board's proposed educational components on several grounds, respondents nonetheless suggested that a remedial reading program was particularly needed in a desegregation plan. Attorney General ex rel. . . The State had also stood in the way of past efforts to desegregate the Detroit city schools. The Court of Appeals expressed no views on the propriety of the District Court's composition of the metropolitan "desegregation area." "Sec. [Footnote 5/15], Most significantly for present purposes, the State has wide-ranging powers to consolidate and merge school districts, even without the consent of the districts themselves or of the local citizenry. [Footnote 2/1], Thus the only complaining party is the State of Michigan (acting through state officials), and its basic complaint concerns money, not desegregation. Thus, the Court has consistently held that the Constitution is not violated by racial imbalance in the schools, without more. v. Bradley et al., and No. The Bradley respondents claimed more generally that the Board's plan failed to inform the court of the then-current extent of such programs or components in the school system and that the plan failed to assess "the relatedness of the particular component to desegregation.". Pet.App. United States Supreme Court 418 U.S. 717 (1974) Facts. Under respondent Bradley's proposed plan in the remand proceedings, 71,349 students would have required transportation; the Detroit Board's plan, however, provided for transportation of 51,000 students, 20,000 less than the Bradley plan. . "'The defendants shall provide remedial education programs which permit students . But the court remanded so that all suburban school districts that might be affected by a metropolitan remedy could be made parties and have an opportunity to be heard as to the scope and implementation of such a remedy, and vacated the order as to the bus acquisitions, subject to its reimposition at an appropriate time. They contended, in brief, that the court's remedy was limited to pupil reassignment to achieve desegregation; hence, the proposed inclusion of educational components was, in their view, excessive. This increase in the proportion of Negro students was the highest of any major Northern city. . " [Footnote 3/2] The State supervises schoolsite selection. Here, as there, mathematical ratios were used simply as "a starting point in the process of shaping a remedy, rather than an inflexible requirement." Given the State's control over the educational system in Michigan, the fact that the black schools are in one district and the white schools are in another is not controlling -- either constitutionally or equitably. This contention misconceives the principle petitioners seek to invoke, and we reject their argument. The percentage of Negro pupils in the Detroit student population rose to 64.9% in 1971, to 67.3% in 1972, and to 69.8% in 1973, amid a metropolitan school population whose racial composition in 1970 was 81% white and 19% Negro. . MR JUSTICE POWELL, concurring in the judgment. As we said in Swann, however: "Absent a constitutional violation, there would be no basis for judicially ordering assignment of students on a racial basis. . Dissenting opinions were filed by Mr. Justice Douglas, MR. JUSTICE WHITE, and MR. JUSTICE MARSHALL. It is no part of the local self-government inherent in the township or municipality, except so far as the legislature may choose to make it such. . Although the list of issues presented for review in petitioners' briefs and petitions for writs of certiorari do not include arguments on the findings of segregative violations on the part of the Detroit defendants, two of the petitioners argue in brief that these findings constitute error. No.  Yet the school districts, by state law, are agencies of the State. (Footnotes and supporting statutory citations omitted.) Without further elaboration, and without any discussion of the claims that no constitutional violation by the outlying districts had been. 484 F.2d 215 (CA6). at 235-238. . . App.). No new principles of law are presented here. To read this principle as barring a district court from imposing the only effective remedy for past segregation and remitting the court to a patently ineffective alternative is, in my view, to turn a simple common sense rule into a cruel and meaningless paradox. Ante at 418 U. S. 741 n.19. When we rule against the metropolitan area remedy, we take a step that will likely put the problems of the blacks and our society back to the period that antedated the "separate but equal" regime of Plessy v. Ferguson, 163 U.S. 537.
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