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United States v. Fordice

 

            
            
             Facts: Mississippi founded the public university system in 1848 with the University of Mississippi as the establishment and over the years there was seven institutions to the system. The University of MS system board of trustees developed a desegregation plan, but it was founded inadequate by the federal government. There was a suit filed claiming that the University system violated the Equal Protection Clause and the Civil Right Act of 1964. The district court ruled in favor of the state and found that it imposed desegregation policies in good faith and had not violated federal law. .
             IV. Issues: Did the district court and Court of Appeals reconsider the state's law properly? .
             V. Decision & Action: No It is so ordered Vacated and Remanded.
             VI. Reasoning: per White. The District Court, the Court of Appeals, and respondents recognize that the state of Mississippi had the constitutional duty to stop the dual system and the laws that were mandated. The court does not agree with the adoption of race neutral policies and that the decision will do to demonstrate that the state has abandoned the prior dual system. There are many other factors other than student attendance that is not determined by admission policies. There are four policies that are presented by the system and they are: admission standards, program duplication, institutional mission assignment, and continued operation of all eight public universities. These admission standards were not only traceable via de jure system and were originally adopted for a discriminatory purpose, and it presented discriminatory effects. An ACT score is a policy that denies automatic admission, and if student fails to earn the ACT minimum score for an institution and resorting to the high school grades as an additional factor in determining college performance. The district court treated this issue was very problematic and was seen from several different perspectives.


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