The Supreme Court decided that federal courts may order local school boards to use extensive busing plans to desegregate schools whenever racial segregation had been supported by public policy.
When the Supreme Court invalidated freedom-of-choice plans in Green v. County School Board of New Kent County
Writing for a unanimous Court, Chief Justice Warren E. Burger
The ambiguities of the Swann decision resulted from strong disagreements and extensive negotiations among the justices. Because Burger had first argued against the busing plan in conference, some justices were angry when Burger chose to write the official opinion in the case. Swann’s emphasis on the de facto/de jure distinction meant that most southern schools had the affirmative duty to achieve integration. Elsewhere, federal courts would have the authority to order busing remedies if there was a finding of some governmental involvement in promoting segregation, as in Keyes v. Denver School District No. 1
Friedman, Leon, ed. “Brown v. Board”: The Landmark Oral Argument Before the Supreme Court. New York: New Press, 2004. Schwartz, Bernard. Swann’s Way: The School Busing Case and the Supreme Court. New York: Oxford University Press, 1986.
Green v. County School Board of New Kent County
Keyes v. Denver School District No. 1
Milliken v. Bradley
Race and discrimination
School integration and busing
Segregation, de facto
Segregation, de jure