LAW
GPO-CONAN-2017-10-15.pdf

1371 393 us 385 1969 1372 in contrast other

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1371 393 U.S. 385 (1969). 1372 In contrast, other ordinances would become effective when passed, except that petitions could be submitted to revoke those ordinances by referendum. 393 U.S. at 389–90 (1969). In Lee v. Nyquist, 318 F. Supp. 710 (W.D.N.Y. 1970), aff’d , 402 U.S. 935 (1971), New York enacted a statute prohibiting the assignment of stu- dents or the establishment of school districts for the purpose of achieving racial bal- ance in attendance, unless with the express approval of a locally elected school board or with the consent of the parents, a measure designed to restrict the state educa- tion commissioner’s program to ameliorate de facto segregation. The federal court held the law void, relying on Mulkey to conclude that the statute encouraged racial discrimination and that by treating educational matters involving racial criteria dif- ferently than it treated other educational matters it made more difficult a resolu- tion of the de facto segregation problem. 1373 Washington v. Seattle School Dist., 458 U.S. 457 (1982); Crawford v. Los Angeles Bd. of Educ., 458 U.S. 527 (1982). A five-to-four majority in Seattle found the fault to be a racially based structuring of the political process making it more difficult to undertake actions designed to improve racial conditions than to under- take any other educational action. An 8-to-1 majority in Crawford found that repeal of a measure to bus to undo de facto segregation, without imposing any barrier to other remedial devices, was permissible. 2085 AMENDMENT 14—RIGHTS GUARANTEED
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as embodying a presumptively invalid racial classification.” 1374 It is thus not impermissible merely to overturn a previous governmen- tal decision, or to defeat the effort initially to arrive at such a deci- sion, simply because the state action may conceivably encourage pri- vate discrimination. In other instances in which the discrimination is being prac- ticed by private parties, the question essentially is whether there has been sufficient state involvement to bring the Fourteenth Amend- ment into play. 1375 There is no clear formula. “Only by sifting facts and weighing circumstances can the nonobvious involvement of the State in private conduct be attributed its true significance.” 1376 State action has been found in a number of circumstances. The “White Primary” was outlawed by the Court not because the party’s dis- crimination was commanded by statute but because the party oper- ated under the authority of the state and the state prescribed a general election ballot made up of party nominees chosen in the primaries. 1377 Although the City of Philadelphia was acting as trustee in administering and carrying out the will of someone who had left money for a college, admission to which was stipulated to be for white boys only, the city was held to be engaged in forbidden state action in discriminating against African-Americans in admis- sion.
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