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UNITED STATES v. FORDICE

No. 90-1205.

505 U.S. 717 (1992)

UNITED STATES v. FORDICE, GOVERNOR OF MISSISSIPPI, et al.

United States Supreme Court.

Decided June 26, 1992.

Attorney(s) appearing for the Case

Solicitor General Starr argued the cause for the United States. With him on the briefs were Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Roger Clegg and Barbara S. Drake, Deputy Assistant Attorneys General, and Jeffrey P. Minear. Alvin O. Chambliss, Jr., argued the cause for petitioners in No. 90-6588. With him on the briefs were Lawrence Young and Robert Pressman.

William F. Goodman, Jr., argued the cause for respondents in both cases. With him on the brief were Mike Moore, Attorney General of Mississippi, and Paul H. Stephenson III and William F. Ray, Special Assistant Attorneys General.†

White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, O'Connor, Kennedy, Souter, and Thomas, JJ., joined. O'Connor, J., p. 743, and Thomas, J., p. 745, filed concurring opinions. Scalia, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 749.

Justice White, delivered the opinion of the Court.

In 1954, this Court held that the concept of "`separate but equal'" has no place in the field of public education. Brown v. Board of Education, 347 U.S. 483, 495 (Brown I) . The following year, the Court ordered an end to segregated public education "with all deliberate speed." Brown v. Board of Education,

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