The Justice Department And The End Of School Desegregation

Luna Greco

5 min read

Post on May 03, 2025

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The Early Years of the Justice Department's Role in School Desegregation

The immediate aftermath of Brown v. Board witnessed significant resistance to desegregation across the South. The Justice Department, under the Eisenhower and subsequent administrations, found itself embroiled in a protracted legal battle to enforce the Supreme Court's mandate. Keywords like "Brown v. Board," "federal intervention," and "civil rights act" became central to the ongoing struggle. The iconic image of the Little Rock Nine, nine Black students bravely integrating Central High School in Little Rock, Arkansas, in 1957, vividly illustrates both the severity of the resistance and the Justice Department’s involvement, albeit initially hesitant under Eisenhower.

• Specific DOJ interventions: The DOJ filed numerous lawsuits against school districts resisting desegregation, utilizing legal strategies aimed at dismantling discriminatory policies and practices. They often relied on evidence of unequal resource allocation, discriminatory teacher assignments, and the intentional maintenance of segregated facilities.
• Legal strategies: The DOJ employed a variety of legal tactics, including injunctive relief, to force compliance with desegregation orders. This included mandating the integration of schools, busing students, and equitable distribution of resources.
• Successes and limitations: While the DOJ secured some notable victories in the early years, enforcement proved challenging due to widespread resistance, legal loopholes exploited by segregationists, and a lack of sufficient resources dedicated to desegregation cases. The pace of desegregation remained slow and uneven across the nation. The passage of the Civil Rights Act of 1964 significantly strengthened the federal government's hand in enforcing desegregation, providing additional legal tools and resources.

The Rise of Busing and the Backlash

Busing, the controversial practice of transporting students across school district boundaries to achieve racial balance, became a central tool in desegregation efforts during the 1970s. Landmark Supreme Court cases like Swann v. Charlotte-Mecklenburg Board of Education (1971), which upheld the use of busing, and Milliken v. Bradley (1974), which limited the scope of inter-district busing, shaped the legal landscape surrounding school desegregation.

• Rationale behind busing: Court-ordered busing was seen as a necessary measure to overcome the effects of decades of deliberate segregation, particularly in heavily segregated school districts where neighborhood schools remained overwhelmingly one race or the other.
• Negative consequences of busing: Busing sparked considerable backlash, leading to "white flight"—the exodus of white families from urban school districts to suburban areas with predominantly white schools. This often resulted in the re-segregation of schools, undermining the intended effects of desegregation orders.
• Legal arguments against busing: Opponents of busing challenged it on various grounds, arguing that it infringed upon parental rights, imposed undue burdens on students and families, and was an ineffective tool for achieving true racial integration.

The Shifting Priorities of the Justice Department

The Reagan administration marked a significant turning point in the Justice Department’s approach to school desegregation. A shift in priorities, focusing on "school choice" and a weakening of "affirmative action," resulted in a decline in active enforcement of desegregation orders. Keywords like "Reagan administration," "deregulation," and "decline of desegregation" became increasingly relevant.

• Changes in Justice Department policy: Under the Reagan administration and subsequent administrations, the DOJ actively pursued legal strategies that weakened affirmative action and court-ordered desegregation plans. This included reduced funding for desegregation enforcement and a more lenient approach to legal challenges to existing orders.
• Impact of policy shifts: These policy shifts led to the dismantling of many desegregation orders, resulting in a resurgence of racial segregation in many school districts. The focus shifted away from structural solutions toward more individualized approaches like school choice programs, which often failed to address underlying inequalities.
• Legal arguments for and against these changes: Supporters argued that school choice offered families more options and promoted competition among schools. Critics countered that these policies ignored the persistent legacy of segregation and failed to address systemic inequalities.

The Legacy of the Justice Department's Involvement

The current state of school segregation reflects the complex interplay of historical injustices, ongoing socio-economic disparities, and the evolving role of the Justice Department. While significant progress has been made in some areas, many schools remain racially isolated, perpetuating educational inequities. The ongoing debate about achieving equal educational opportunity highlights the long-term consequences of the Justice Department's shifting approach to school desegregation.

Conclusion

The Justice Department played a pivotal role in initiating school desegregation following Brown v. Board, yet its later actions and policies arguably contributed significantly to the decline of court-ordered desegregation efforts. The shift in priorities, the weakening of affirmative action, and a decreased focus on enforcing desegregation orders have left a lasting impact on the racial landscape of American schools. Further research into the Justice Department's role in school desegregation is crucial for understanding the complexities of achieving equal educational opportunities for all students. Continue learning about the history of school desegregation and its ongoing impact to promote informed discussion and effective solutions to address the challenges of achieving true racial equality in education. Consider exploring primary sources and further research on the subject of the Justice Department and school desegregation to contribute to a more just and equitable educational system.