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Breyer argued that school districts should be permitted voluntarily to address de facto racial homogeneity, even if not constitutionally required to do so.But he accepted that for the most part, Louisville and Seattle schools were not segregated by state action and thus not constitutionally required to desegregate. Certainly, Northern schools have not been segregated by policies assigning blacks to some schools and whites to others; they are segregated because their neighborhoods are racially homogenous.

From the perspective of children, think of it this way: black children in low-income neighborhoods are more likely to have parents who also grew up in low-income neighborhoods than white or Hispanic children in low-income neighborhoods.But neighborhoods did not get that way from “innocent private decisions” or, as the late Justice Potter Stewart once put it, from “unknown and perhaps unknowable factors such as in-migration, birth rates, economic changes, or cumulative acts of private racial fears.” In truth, residential segregation’s causes are both knowable and known – twentieth century federal, state and local policies explicitly designed to separate the races and whose effects endure today.In any meaningful sense, neighborhoods and in consequence, schools, have been segregated de jure.A 20-percent-poor neighborhood is still severely disadvantaged.In such a neighborhood, many, if not most other residents are likely to have very low incomes, although not so low as to be below the official poverty line.

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