504
Scalia, J., concurring
ently envisioned no more than this in our initial post-Brown cases.* It is also the approach we actually adopted in Bazemore v. Friday, 478 U. S. 385, 407-409 (1986) (White, J., concurring), which concerned remedies for prior de jure segregation of state university-operated clubs and services.
But we ultimately charted a different course with respect to public elementary and secondary schools. We concluded in Green that a "freedom of choice" plan was not necessarily sufficient, 391 U. S., at 439-440, and later applied this conclusion to all jurisdictions with a history of intentional segregation:
" 'Racially neutral' assignment plans proposed by school authorities to a district court may be inadequate; such plans may fail to counteract the continuing effects of past school segregation resulting from discriminatory location of school sites or distortion of school size in order to achieve or maintain an artificial racial separation. When school authorities present a district court with a 'loaded game board,' affirmative action in the form of remedial altering of attendance zones is proper to achieve truly nondiscriminatory assignments." Swann v. Charlotte-Mecklenburg Bd. of Education, 402 U. S. 1, 28 (1971).
*See, e. g., Cooper v. Aaron, 358 U. S. 1, 7 (1958) ("[O]bedience to the duty of desegregation would require the immediate general admission of Negro children . . . at particular schools"); Goss v. Board of Education of Knoxville, 373 U. S. 683, 687 (1963) (holding unconstitutional a minority-to-majority transfer policy which was unaccompanied by a policy allowing majority-to-minority transfers, but noting that "if the transfer provisions were made available to all students regardless of their race and regardless as well of the racial composition of the school to which he requested transfer we would have an entirely different case. Pupils could then at their option (or that of their parents) choose, entirely free of any imposed racial considerations, to remain in the school of their zone or transfer to another").
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