Southern School Desegregation,1954-1973: A Judicial-Political Overview

Abstract

Following the Brown decisions of 1954 and 1955, the Supreme Court refrained from ordering immediate dismantlement of the dual school system, leaving formulation of specific orders with regard to school desegregation in the hands of district courts. Obstruction and delay resulted, with massive southern resistance and a weak federal response. It was not until passage of the Civil Rights Act of 1964, when federal desegregation standards were adopted, that substantial desegregation could begin. Soon both the Department of Health, Education, and Welfare and the federal courts took a unified stand behind the law, attacking "free choice" and southern delay. Progress finally seemed at hand. However, under the Nixon administration, federal enforcement efforts have been undercut. Major responsibility for enforcing school desegregation has been shifted from HEW to the slower judicial efforts of the Justice Department. Negative executive leadership has set a tone of national retreat. The current issue of busing and neighborhood schools threatens to erase desegregation progress already made in the South as well as to defeat efforts at making Brown a nationally applied policy. However, strong national and local leadership could maintain desegregation progress.