The Court’s remedial endorsements emboldened aggressive district court desegregation orders

Evidence

The Court’s new forcefulness can also be seen in the measures it endorsed for remedying violations of Brown. In Green, the Court bluntly stated that the time for “deliberate speed” had passed, and that desegregation must be immediate. In Swann v. Charlotte-Mecklenburg Board of Education (1971), it specifically endorsed various remedial measures that district court judges had used to promote desegregation, such as the alteration of student attendance zones and the busing of students to achieve integration. Although the Court cautioned that busing could not “risk the health of the children or significantly impinge on the educational process,” Swann emboldened district court judges in their aggressive efforts “to eliminate from the public schools all vestiges of state-imposed segregation.”*! The effects of the efforts of Congress and the Court were apparent almost immediately: By 1972, public schools in the South and border states were the least segregated in the country. — G. Alan Tarr, Judicial Process and Judicial…, 3015

Categorization

  • XREF: connects to: Delegating implementation to local judges enabled Southern delay of desegregation — G. Alan Tarr, Judicial Process and Judicial…, 2978; Judicial desegregation policies prospered in politics’ absence. — Matthew D. Lassiter, The Suburban Origins of “Color-Blind”…, 113; Elected officials and schools mobilized en masse against desegregation — Ibram X. Kendi, Stamped from the Beginning: The…, 932

Broader Connections