presented by the parties, as summarized in the heading:

The Supreme Court, Chief Justice Rehnquist, held that (1) school district was not required to show grievous wrong evoked by new and unforeseen conditions in order to have desegregation decree dissolved; (2) desegregation decrees are not intended to operate in perpetuity; and (3) in determining whether to dissolve desegregation decree, court should consider whether school has complied in good faith with desegregation decree since it was entered and whether vestiges of past discrimination have been eliminated to the extent practicable.
 

Groundswell Amici Brief
Supports DeKalb County Counterparts

On February 19, 1991 certiorari hearing was granted re: the petition by the authorities for the DeKalb County School System (DCSS) in Georgia from a decision in Pitts by Pitts v. Freeman, 887 F.2d 1438 (11th Cir. 1989). Here the DCSS had complied with desegregation orders since June 12, 1969 as to student assignments under a neighborhood school plan to the satisfaction of the district court, which on June 30, 1988, dismissed the DCSS from court supervision as to student assignments. The Eleventh Circuit U.S. Court of Appeals panel ordered that the DCSS and the district court “must consider busing — regardless of whether the plaintiffs support such a proposal.” Id. at 1450.

On May 1, 1991, after following the steps taken in preparing the Dowell amici brief, I filed the amici brief in the Freeman case. After restating the "Interest of Amici Curiae", as set out in Dowell (Busing — Opposed at 144-145), I stressed (id. at 150):

Amici have a strong interest in seeing that a busing order based upon what is at most de facto “segregation” is not issued, which could be used as a precedent elsewhere to racially reassign voiceless students after they have been able to attend their neighborhood schools for years.