United States v. Fordice, 505 U.S. 717, 10 (1992)

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726

UNITED STATES v. FORDICE

Opinion of the Court

then made specific findings recounting post-1975 developments, including a description at the time of trial, in those areas of the higher education system under attack by plaintiffs: admission requirements and recruitment; institutional classification and assignment of missions; duplication of programs; facilities and finance; the land grant institutions; faculty and staff; and governance. Id., at 1530-1550.

The court's conclusions of law followed. As an overview, the court outlined the common ground in the action: "Where a state has previously maintained a racially dual system of public education established by law, it assumes an 'affirmative duty' to reform those policies and practices which required or contributed to the separation of races." Id., at 1551. Noting that courts unanimously hold that the affirmative duty to dismantle a racially dual structure in elementary and secondary schools also governs in the higher education context, the court observed that there was disagreement whether Green v. School Bd. of New Kent County, 391 U. S. 430 (1968), applied in all of its aspects to formerly dual systems of higher education, i. e., whether "some level of racial mixture at previously segregated institutions of higher learning is not only desirable but necessary to 'effectively' desegregate the system." 674 F. Supp., at 1552. Relying on a Fifth Circuit three-judge court decision, Alabama State Teachers Assn. (ASTA) v. Alabama Public School and College Authority, 289 F. Supp. 784 (MD Ala. 1968), our per curiam affirmance of that case, 393 U. S. 400 (1969), and its understanding of our later decision in Bazemore v. Friday, 478 U. S. 385 (1986), the court concluded that in the higher education context, "the affirmative duty to desegregate does not contemplate either restricting choice or the achievement of any degree of racial balance." 674 F. Supp., at 1553. Thus, the court stated: "While student enrollment and faculty and staff hiring patterns are to be examined, greater emphasis should instead be placed on current state higher education policies and practices in order to insure that such

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