Appendix CRS-2 Page Seventy-One In Brown, the Court ruled that the Equal Protection Clause Fourteen years after Brown, the Court in Green v. County School Board recognized that the freedom-of-choice plan used in New Kent County, Virginia failed to eliminate the racially identifi- that present segregation was an effect of past violations. The Swann 2/ 391 U.S. 430 (1968) 3/ 402 U.S. 1 (1971) Appendix Page Seventy-Two CRS-3 Until 1973, all desegregation cases to reach the Supreme Court involved school districts, mainly in the South, with a long history These In Keyes the Court ruled that "purpose or intent to segregate" was essential to finding a constitutional violation in a State which never 4/ 413 U.S. 189 (1973) Appendix CRS-4 Page Seventy-Three required racial separation of students by statute. It further held, how- Swann and Keyes differed primarily in their allocation of the Appendix 110 CRS-3 Page Seventy-Two Court involved school districts, mainly in the South, with a long history Until 1973, all desegregation cases to reach the Supreme of racial separation pursuant to explicit governmental policy. State per se to statutes mandating racial segregation were deemed sufficient of statutory dual schools. In that case, segregation was maintained by In Keyes the Court ruled that "purpose or intent to segregate" was essential to finding a constitutional violation in a State which never 413 U.S. 189 (1973) ever, that discriminatory school board actions all settore gates'? school system could justify broad relief to esta schools throughout the city. Reyes reaffices Le predominantly one race schools and, in additas, but al gative intent with regard to one portion of La By use of these dual presumptions, the out |