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United States v. Fordice

Supreme Court of the United States · 1992 · Constitutional Law

Constitutional LawEqual ProtectionSchool DesegregationHigher EducationTitle VIEqual Protection ClauseTitle VIde jure segregation

Facts

Mississippi created and maintained a racially dual public university system, with some institutions historically white and others historically black, and that system remained largely intact for years after Brown. By the mid-1980s, the historically white universities remained predominantly white and the historically black universities remained overwhelmingly black. Mississippi defended the system on the ground that it had adopted race-neutral policies and that students had free choice among institutions. The record showed, however, that policies including differential admissions standards, unnecessary program duplication, mission assignments, and continued operation of all eight universities were linked to the prior dual system and could affect student choice and racial identifiability.

Issue

Whether Mississippi had satisfied its constitutional and Title VI obligation to dismantle its prior de jure segregated system of higher education merely by adopting race-neutral policies and permitting students freedom of choice. More specifically, whether the State must eliminate policies traceable to the prior dual system that continue to foster segregation.

Rule

A State does not discharge its duty to dismantle a prior de jure segregated higher education system until it eradicates policies and practices traceable to that system that continue to foster segregation. If such policies continue to have segregative effects, they must be reformed to the extent practicable and consistent with sound educational practices; race-neutral policies and student choice alone are insufficient.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

The State of Franklin formerly operated a de jure segregated public university system. In 2026, it points out that every campus now uses facially race-neutral rules and students may enroll wherever they wish, but several campuses remain sharply racially identifiable and the State has left untouched policies inherited from the dual era that shape enrollment patterns.

Which is the strongest argument that Franklin has not yet satisfied its constitutional duty?

Explanation. The majority held that in higher education, race-neutral policies and formal freedom of choice are not enough by themselves. A State that formerly maintained a de jure dual system must eradicate policies traceable to that system that continue to foster segregation, to the extent practicable and consistent with sound educational practices.