There are indeed limitations on the equity powers of the federal judiciary, but until now the Court has not accepted the proposition that effective enforcement of the Fourteenth Amendment could be limited by political or administrative boundary lines demarcated by the very State responsible for the constitutional violation and for the disestablishment of the dual system.
. Nor does the Court's conclusion follow from the talismanic invocation of the desirability of local control over education. (c) During the period from March 28 to April 14, 1972, the District Court conducted hearings on a metropolitan plan. Having found a de jure segregated public school system in operation in the city of Detroit, the District Court turned next to consider which officials and agencies should be assigned the affirmative obligation to cure the constitutional violation. The continued racial identifiability of the Detroit schools under a Detroit-only remedy is not simply a reflection of their high percentage of Negro students. Though not resting its holding on this point, the majority suggests that various equitable considerations militate against interdistrict relief. Indeed, no evidence at all concerning the administration of schools outside the city of Detroit was presented other than the fact that these schools contained
364
This new theory, in the majority's words, was "equating racial imbalance with a constitutional violation calling for a remedy." U.S. 451, 463 . Moreover, when a State has engaged in acts of official segregation over a lengthy Aside from the acts of purposeful segregation committed by the State Legislature and the State Board of Education, the District Court also concluded that the State was responsible for the many intentional acts of segregation committed by the Detroit Board of Education, an agency of the State. I am therefore constrained to record my disagreement and dissent. All were rejected as ineffective to desegregate the Detroit city schools.
The state defendants were also ordered to submit a proposed metropolitan plan extending beyond Detroit's boundaries. U.S., at 16 The The accused officials appealed to the Supreme Court, which took up the case on February 27, 1974.The Supreme Court overturned the lower courts in a 5-to-4 decision, holding that school districts were not obligated to desegregate unless it had been proven that the lines were drawn with racist intent on the part of the districts. (4) The court relied on the State's authority to supervise schoolsite selection and to approve building construction as a basis for holding the State responsible for the segregative results of the school construction program in Detroit. The rights at issue in this case are too fundamental to be abridged on grounds as superficial as those relied on by the majority today. While state aid for transportation was provided by statute for suburban districts, many of which were highly urbanized, aid for intracity transportation was excepted. While specifically acknowledging that the District Court's findings of a condition of segregation were limited to Detroit, the Court of Appeals approved the use of a metropolitan remedy largely on the grounds that it is On that issue, the District Court ruled that respondents were not entitled to a preliminary injunction since at that stage there was no proof that Detroit had a dual segregated school system.
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." It was deemed inadequate, however, because it did not desegregate elementary schools and left the middle-level schools not included in the plan more segregated than ever. These remedial standards are fully applicable not only to school districts where a dual system was compelled by statute, but also where, as here, a dual system was the product of purposeful and intentional state action. Nowhere in the Court's opinion does the majority confront, let alone respond to, the District Court's conclusion that a remedy limited to the city of Detroit would not effectively desegregate the Detroit city schools.
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