Challenges to Compliance
The Court holds that boards and officials administering public schools in this circuit have the affirmative duty under the Fourteenth Amendment to bring about an integrated, unitary school system in which there are no Negro schools and white schools--just schools. Expressions in our earlier opinions distinguishing between integration and desegregation must yield to this affirmative duty which we now recognize. In fulfilling this duty it is not enough for school authorities to offer Negro children the opportunity to attend formerly all-white schools. The necessity of overcoming the effects of the dual school system in this circuit requires integration of faculties, facilities, and activities, as well as students. To the extent that earlier decisions of this Court . . . conflict with this view, the decisions are overruled. United States v. Jefferson County Board of Education, 380 F.2d 385, 389 (5th Cir. 1967)
The question of how best to address the continuing vestiges of segregation in public higher education is really a microcosm of the same issue more broadly configured within the context of American society. It is a question that America has grappled with since Brown v. Board of Education overturned the doctrine of separate but equal.