United States v. Fordice

505 U.S. 717, 112 S. Ct. 2727, 120 L. Ed. 2d 575, 1992 U.S. LEXIS 4534
CourtSupreme Court of the United States
DecidedJune 26, 1992
Docket90-1205
StatusPublished
Cited by170 cases

This text of 505 U.S. 717 (United States v. Fordice) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Fordice, 505 U.S. 717, 112 S. Ct. 2727, 120 L. Ed. 2d 575, 1992 U.S. LEXIS 4534 (1992).

Opinions

[721]*721Justice White

delivered the opinion of the Court.

In 1954, this Court held that the concept of “ ‘separate but equal’ ” has no place in the field of public education. Brown v. Board of Education, 347 U. S. 483, 495 (Brown I). The following year, the Court ordered an end to segregated public education “with all deliberate speed.” Brown v. Board of Education, 349 U. S. 294, 301 (1955) (Brown II). Since these decisions, the Court has had many occasions to evaluate whether a public school district has met its affirmative obligation to dismantle its prior de jure segregated system in elementary and secondary schools. In these cases we decide what standards to apply in determining whether the State of Mississippi has met this obligation in the university context.

I

Mississippi launched its public university system in 1848 by establishing the University of Mississippi, an institution dedicated to the higher education exclusively of white persons. In succeeding decades, the State erected additional postsecondary, single-race educational facilities. Alcorn State University opened its doors in 1871 as “an agricultural college for the education of Mississippi’s black youth.” Ayers v. Allain, 674 F. Supp. 1523, 1527 (ND Miss. 1987). Creation of four more exclusively white institutions followed: Mississippi State University (1880), Mississippi University for Women (1885), University of Southern Mississippi (1912), and Delta State University (1925). The State added two more solely black institutions in 1940 and 1950: in the former year, Jackson State University, which was charged with training “black teachers for the black public schools,” id., at 1528; and in the latter year, Mississippi Valley State Univer[722]*722sity, whose functions were to educate teachers primarily for rural and elementary schools and to provide vocational instruction to black students.

Despite this Court’s decisions in Brown I and Brown II, Mississippi’s policy of de jure segregation continued. The first black student was not admitted to the University of Mississippi until 1962, and then only by court order. See Meredith v. Fair, 306 F. 2d 374 (CA5), cert. denied, 371 U. S. 828, enf’d, 313 F. 2d 532 (1962) (en bane) (per curiam). For the next 12 years the segregated public university system in the State remained largely intact. Mississippi State University, Mississippi University for Women, University of Southern Mississippi, and Delta State University each admitted at least one black student during these years, but the student composition of these institutions was still almost completely white. During this period, Jackson State and Mississippi Valley State were exclusively black; Alcorn State had admitted five white students by 1968.

In 1969, the United States Department of Health, Education and Welfare (HEW) initiated efforts to enforce Title VI of the Civil Rights Act of 1964, 42 U. S. C. §2000d.1 HEW requested that the State devise a plan to disestablish the formerly de jure segregated university system. In June 1973, the Board of Trustees of State Institutions of Higher Learning (Board) submitted a plan of compliance, which expressed the aims of improving educational opportunities for all Mississippi citizens by setting numerical goals on the enrollment of other-race students at state universities, hiring other-race faculty members, and instituting remedial programs and special recruitment efforts to achieve those goals. App. 898-900. HEW rejected this Plan as failing to comply with Title VI because it did not go far enough in the areas of student [723]*723recruitment and enrollment, faculty hiring, elimination of unnecessary program duplication, and institutional funding practices to ensure that “a student’s choice of institution or campus, henceforth, will be based on other than racial criteria.” Id., at 205. The Board reluctantly offered amendments, prefacing its reform pledge to HEW with this statement: "With deference, it is the position of the Board of Trustees ... that the Mississippi system of higher education is in compliance with Title VI of the Civil Rights Act of 1964.” Id., at 898. At this time, the racial composition of the State’s universities had changed only marginally from the levels of 1968, which were almost exclusively single race.2 Though HEW refused to accept the modified Plan, the Board adopted it anyway. 674 F. Supp., at 1530. But even the limited effects of this Plan in disestablishing the prior de jure segregated system were substantially constricted by the state legislature, which refused to fund it until fiscal year 1978, and even then at well under half the amount sought by the Board. App. 896-897, 1444-1445, 1448-1449.3

Private petitioners initiated this lawsuit in 1975. They complained that Mississippi had maintained the racially seg-regative effects of its prior dual system of postsecondary education in violation of the Fifth, Ninth, Thirteenth, and Fourteenth Amendments, 42 U. S. C. §§1981 and 1983, and Title VI of the Civil Rights Act of 1964, 42 U. S. C. §2000d. [724]*724Shortly thereafter, the United States filed its complaint in intervention, charging that state officials had failed to satisfy their obligation under the Equal Protection Clause of the Fourteenth Amendment and Title VI to dismantle Mississippi’s dual system of higher education.

After this lawsuit was filed, the parties attempted for 12 years to achieve a consensual resolution of their differences through voluntary dismantlement by the State of its prior separated system. The board of trustees implemented reviews of existing curricula and program “mission” at each institution. In 1981, the Board issued “Mission Statements” that identified the extant purpose of each public university. These “missions” were clustered into three categories: comprehensive, urban, and regional. “Comprehensive” universities were classified as those with the greatest existing resources and program offerings. All three such institutions (University of Mississippi, Mississippi State, and Southern Mississippi) were exclusively white under the prior de jure segregated system. The Board authorized each to continue offering doctoral degrees and to assert leadership in certain disciplines. Jackson State, the sole urban university, was assigned a more limited research and degree mission, with both functions geared toward its urban setting. It was exclusively black at its inception. The “regional” designation was something of a misnomer, as the Board envisioned those institutions primarily in an undergraduate role, rather than a “regional” one in the geographical sense of serving just the localities in which they were based.

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Bluebook (online)
505 U.S. 717, 112 S. Ct. 2727, 120 L. Ed. 2d 575, 1992 U.S. LEXIS 4534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fordice-scotus-1992.