Cite as: 520 U. S. 471 (1997)
Syllabus
plan adopted by the Board. While some language in its opinion is consistent with today's holding that the existence of less dilutive options was at least relevant to the purpose inquiry, the District Court also appears to have endorsed the notion that dilutive impact evidence is irrelevant even to an inquiry into retrogressive intent. The District Court will have the opportunity to apply the Arlington Heights test on remand as well as to address appellants' additional arguments that it erred in refusing to consider evidence that the Board was in violation of an ongoing injunction to remedy any remaining vestiges of a dual school system. Pp. 489-490.
907 F. Supp. 434, vacated and remanded.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined in full, and in which Ginsburg and Breyer, JJ., joined except insofar as Part III is inconsistent with the views expressed in the concurrence of Breyer, J. Thomas, J., filed a concurring opinion, post, p. 490. Breyer, J., filed an opinion concurring in part and concurring in the judgment, in which Ginsburg, J., joined, post, p. 493. Stevens, J., filed an opinion dissenting in part and concurring in part, in which Souter, J., joined, post, p. 497.
Assistant Attorney General Patrick argued the cause for appellant in No. 95-1455. With him on the briefs were Acting Solicitor General Dellinger, Deputy Solicitor General Bender, Cornelia T. L. Pillard, David K. Flynn, and Steven H. Rosenbaum. John W. Borkowski argued the cause for appellants in No. 95-1508. With him on the briefs were Walter A. Smith, Jr., Patricia A. Brannan, Barbara R. Arn-wine, Thomas J. Henderson, Brenda Wright, and Samuel L. Walters.
Michael A. Carvin argued the cause for appellee Bossier
Parish School Board in both cases. With him on the brief were David H. Thompson, James J. Thornton, and Michael P. McDonald.†
†Laughlin McDonald, Neil Bradley, Steven R. Shapiro, Elaine R. Jones, Norman J. Chachkin, and Jacqueline Berrien filed a brief for the American Civil Liberties Union et al. as amici curiae urging reversal.
Sharon L. Browne and Deborah J. La Fetra filed a brief for the Pacific Legal Foundation as amicus curiae urging affirmance.
473
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