Constitutional Law: New Attack on de Facto

Faced twice with the possibility of ruling on the constitutionality of de facto school segregation, the Supreme Court has twice evaded the issue. By refusing to review a lower court decision that Gary, Ind., was not obliged to desegregate 17 de facto schools, and by refusing to review another decision that New York City was free to remedy racial imbalance, the court has left Northern school officials free to deal with local patterns as they see fit.

But last week U.S. District Judge George C. Sweeney all but assured the Supreme Court of one more chance to meet the...

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