Nor does any precedent indicate, as the plurality suggests with respect to Louisville, ante, at 29, that remedial interests vanish the day after a federal court declares that a district is unitary. Of course, Louisville adopted those portions of the plan at issue here before a court declared Louisville unitary. Moreover, in Freeman, this Court pointed out that in one sense of the term, vestiges of past segregation by state decree do remain in our society and in our schools. Id., at 335336. As a result, different districtssome acting under court decree, some acting in order to avoid threatened lawsuits, some seeking to comply with federal administrative orders, some acting purely voluntarily, some acting after federal courts had dissolved earlier ordersadopted, modified, and experimented with hosts of different kinds of plans, including race-conscious plans, all with a similar objective: greater racial integration of public schools. That necessary implication of the pluralitys position strikes the 13th chime of the clock. Establishing a strong basis in evidence requires proper findings regarding the extent of the government units past racial discrimination. [Footnote 8]. in No. . To the extent the plurality opinion suggests the Constitution mandates that state and local school authorities must accept the status quo of racial isolation in schools, it is, in my view, profoundly mistaken. . 05915, at 7 (quoting McFarland I, supra, at 842). Parents Involved in Community Schools v. Seattle School District No. 1 1806, 20 U. S.C. 7231 et seq. The bulk of the data in the record was collected using the 10 percent band, see n. 1, supra. Compare Brief for Kansas on Reargument in Brown v. Board of Education, O.T. 1953, No. Here the racial balance the districts seek is a defined range set solely by reference to the demographics of the respective school districts. In addition to classroom separation, students of different races within the same school may separate themselves socially. The Supreme Court's 5-4 vote on the matter of desegregation and equal access to educational opportunity signals that a divide exists in the United States with respect to the underlying educational values of excellence and . App. No. 05-915 v. JEFFERSON COUNTY BOARD OF EDUCATION et al. Parents Involved in Community Schools v. Seattle School District The Court explained that [c]ontext matters in applying strict scrutiny, and repeatedly noted that it was addressing the use of race in the context of higher education. Grutter, supra, at 327, 328, 334. One schoolGarfieldis more or less in the center of Seattle. These interests combine remedial, educational, and democratic objectives. See, e.g., Milliken, 433 U. S., at 280, n.14; Freeman, 503 U. S., at 495496 (Where resegregation is a product not of state action but of private choices, it does not have constitutional implications).
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