Major Changes in School Integration Litigation,1954-1979

Abstract

Since the United States Supreme Court's 1954 decision, which declared racially segregated schools unconstitutional, subsequent litigation in that area before the Court has resulted in several major changes. This paper assesses the nature of those changes as well as modifications in the Court's attitude toward equal rights issues. The changes are: standing to sue — the Court has narrowed qualifications for individuals who may sue a school district and has made it more difficult to bring class ac tion suits; test to evidence — in several school integration cases, the Court has shifted the burden of proof from the school district to the plaintiffs; de jure/de facto distinction — the Court has narrowed the distinction and has determined that de facto school segregation is not illegal unless plaintiffs can prove intent by the school district to segregate; and remedies required to integrate a segregated school district are now limited to the amount of the infraction. Current attitudes of the Court toward other school integration issues are also discussed.