April 23, 1997
Before KING, JOLLY, and DENNIS–Circuit
Judges.
KING, Circuit Judge:
This case concerns the obligation of the State of
Mississippi and the other defendants to dismantle
the system of de jure segregation that was
maintained in public universities in Mississippi.
After we heard the initial appeal of this case in
1990, the Supreme Court established, for the first
time, the standards for determining in the
university context whether a state has met its
affirmative obligation to dismantle its prior de jure
system. We now review the district court’s ruling
following trial on remand to determine whether it
erred in its application of these standards.
For the reasons set forth below, we affirm in
part, reverse in part, and remand the case to the
district court for further proceedings consistent
with this opinion.
I. BACKGROUND
Mississippi’s system of public four-year universities was formally
segregated by race from its inception in 1848 through 1962, when the first
black student was admitted to the University of Mississippi by order of this
court. The racial identifiability of Mississippi’s eight public universities
changed little during the decade following the landmark admission of James
Meredith. The student composition of the University of Mississippi,
Mississippi
State University, Mississippi University for Women, University Of Southern
Mississippi, and Delta State University (collectively, “historically white
institutions” or “HWIs”) remained almost entirely white, while that of
Jackson
State University, Mississippi Valley State University, and Alcorn State
University (collectively, “historically black institutions” or “HBIs”)
remained
almost entirely black. The racial identifiability of these institutions
persists to the present.
Private plaintiffs initiated this class action in 1975, complaining that
Mississippi was maintaining a racially dual system of higher education in
violation of the Fifth, Ninth, Thirteenth, and Fourteenth Amendments to the
United States Constitution and Title VI of the Civil Rights Act of 1964. The
United States intervened as plaintiff and alleged violations of the Equal
Protection Clause of the Fourteenth Amendment and Title VI.
For twelve years the parties attempted to resolve their differences through
voluntary dismantlement of the prior segregated system. Unable to achieve
ultimate agreement, the parties proceeded to trial in 1987. The district
court
ruled that Mississippi had discharged its affirmative duty to dismantle the
former de jure segregated system of higher education through its adoption and
implementation of good-faith, race-neutral policies and procedures in student
admissions and other areas. Sitting en banc, this court affirmed. The United
States Supreme Court granted certiorari.
The Supreme Court vacated the judgment and remanded for further
proceedings, holding that the mere adoption and implementation of
race-neutral
policies was insufficient to demonstrate complete abandonment of the racially
dual system. The Court stated that even after a State dismantles its
segregative
admissions policy, there may still be state action that is traceable to the
State’s prior de jure segregation and that continues to foster
segregation….
If policies traceable to the de jure system are still in force and have
discriminatory effects, those policies too must be reformed to the extent
practicable and consistent with sound educational practices.