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FREEMAN v. PITTS

No. 89-1290.

503 U.S. 467 (1992)

FREEMAN et al. v. PITTS et al.

United States Supreme Court.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Rex E. Lee argued the cause for petitioners. With him on the briefs were Carter G. Phillips, Mark D. Hopson, Gary M. Sams, Charles L. Weatherly, and J. Stanley Hawkins.

Solicitor General Starr argued the cause for the United States as amicus curiae in support of petitioners. With him on the brief were Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Deputy Assistant Attorney General Clegg, Ronald J. Mann, David K. Flynn, and Lisa J. Stark.

Christopher A. Hansen argued the cause for respondents. With him on the brief were Steven R. Shapiro, Helen Hershkoff, John A. Powell, and Willie Abrams.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, and Souter, JJ., joined. Scalia, J., p. 500, and Souter, J., p. 507, filed concurring opinions. Blackmun, J., filed an opinion concurring in the judgment, in which Stevens and O'Connor, JJ., joined, p. 509. Thomas, J., took no part in the consideration or decision of the case.

Justice Kennedy, delivered the opinion of the Court.

DeKalb County, Georgia, is a major suburban area of Atlanta. This case involves a court-ordered desegregation decree for the DeKalb County School System (DCSS). DCSS now serves some 73,000 students in kindergarten through high school and is the 32d largest elementary and secondary school system in the Nation.

DCSS has been subject to the supervision and jurisdiction...

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