The Brown v. Board of Education, 1954 case set the tenor that the Warren court case preceded during matters related to racial segregation. Establishing the concerns within this Brown v. Board of Education, 1954 set great policy declarations shadowed by less imposing and positively less definite decisions to implement such policies. For example, the court confidently declared that where racial segregation existed, based upon law, black schools were basically unequal. That notion …show more content…
School District No. 1 Denver, Colorado (1973), the Court began to tackle the tough problems of dealing with racial segregation northern style, but, the Court declined to build on or expand the Warren Court 's desegregation decisions. It continued to recognize the distinction between de facto and de jure segregation. This multifaceted issue eventually came to the Supreme Court, The first time around, however, in a 1973 Richmond, Virginia, case (Bradley v. School Board. 412 US. 9_ the Burger Court left the issue essentially unresolved when the Court divided in a 4-4 deadlock. As it has evolved, the position of the Court is that a finding discrimination for which remedies may be fashioned must be based on particularized findings, on a determination of whether there was a :discriminatory intent.” For example, in Washington v. Davis (J976), blacks charged that testing and selection procedures used by the District of Columbia police department had a racially disproportionate impact against blacks. But the Court held that a mere showing of disproportionate racial impact of the selection is no enough. Rather, where a constitutional claim is raised, aggrieved blacks must show that there was an “intent” to discriminate against blacks. This rigorous criterion was transported an applied to race discrimination cases on education, as well. For example, the Dayton Board of Education v. Brinkman (1977) the Court specifically cited its decision in Washington v. Davis and said it was not enough to base the remedy of a citywide busing plan on racial discrimination resulting from "cumulative violations" and that more particularized findings of official segregative acts were required before such a remedy could be implemented. Another strategy of anti-busing forces was to use the popular initiative and referendum as methods to restrict busing. These efforts, however, had mixed results in the courts. In a Seattle case, for example, {Washington v. Seattle School District No.1,