470
Syllabus
it addressed the faculty assignment problem, and specific findings and conclusions should be made on whether student reassignments would be a proper way to remedy the defect. Moreover, the District Court's praise for DCSS' successes, dedication, and progress, and its failure to find that DCSS had acted in bad faith or engaged in postdecree acts of discrimination with respect to those areas where compliance had not been achieved, may not be the equivalent of the necessary finding that DCSS has an affirmative commitment to comply in good faith with the entirety of the desegregation plan. Pp. 497-500. 887 F. 2d 1438, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, and Souter, JJ., joined. Scalia, J., post, p. 500, and Souter, J., post, p. 507, filed concurring opinions. Blackmun, J., filed an opinion concurring in the judgment, in which Stevens and O'Connor, JJ., joined, post, p. 509. Thomas, J., took no part in the consideration or decision of the case.
Rex E. Lee argued the cause for petitioners. With him on the briefs were Carter G. Phillips, Mark D. Hopson, Gary M. Sams, Charles L. Weatherly, and J. Stanley Hawkins. Solicitor General Starr argued the cause for the United
States as amicus curiae in support of petitioners. With him on the brief were Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Deputy Assistant Attorney General Clegg, Ronald J. Mann, David K. Flynn, and Lisa J. Stark.
Christopher A. Hansen argued the cause for respondents.
With him on the brief were Steven R. Shapiro, Helen Hershkoff, John A. Powell, and Willie Abrams.*
*Briefs of amici curiae urging reversal were filed for the Intervenors in Carlin v. Board of Education San Diego Unified School District by Elmer Enstrom, Jr.; and for the Southeastern Legal Foundation, Inc., by G. Stephen Parker.
Briefs of amici curiae urging affirmance were filed for the Lawyers'
Committee for Civil Rights Under Law by Norman Redlich and Burke Marshall; and for the NAACP, DeKalb County, Georgia, Branch et al. by William H. Allen and Elliott Schulder.
Charles S. Johnson III filed a brief for plaintiff-intervenors as amici curiae.
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