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→Decisions touching on segregation
==Decisions touching on segregation==
==Decisions touching on segregation==
PAW:
*In 1992, Scalia wrote that the courts should stop overseeing the desegregation of schools previously subject to de jure segregation, even for schools that remain significantly segregated. (Freeman v. Pitts)68 His concurrence in that ruling argues that school segregation cannot be remedied because it is impossible to identify its actual causes. Although he quotes a previous case acknowledging that discrimination may be partly caused by "discriminatory school assignments,"69 he still insists that it is unreasonable for the courts to keep overseeing these schools until such segregation is ended. Later in 1992, Scalia was the sole dissenter from an 8-1 ruling that Mississippi had failed to remedy the effects of discrimination in higher education. (United States v. Fordice)70 [http://www.pfaw.org/pfaw/general/default.aspx?oid=11154]
*In 1992, Scalia wrote that the courts should stop overseeing the desegregation of schools previously subject to de jure segregation, even for schools that remain significantly segregated. (Freeman v. Pitts)68 His concurrence in that ruling argues that school segregation cannot be remedied because it is impossible to identify its actual causes. Although he quotes a previous case acknowledging that discrimination may be partly caused by "discriminatory school assignments,"69 he still insists that it is unreasonable for the courts to keep overseeing these schools until such segregation is ended. Later in 1992, Scalia was the sole dissenter from an 8-1 ruling that Mississippi had failed to remedy the effects of discrimination in higher education. (United States v. Fordice)70 [http://www.pfaw.org/pfaw/general/default.aspx?oid=11154]
Scalia:
*If, just after the Fourteenth Amendment was ratified, a State had enacted a law imposing racially discriminatory literacy tests (different questions for different races) a citizen prejudiced by such a test would have had no means of asserting his constitutional right to be free of it. Section 5 authorizes Congress to create a cause of action through which the citizen may vindicate his Fourteenth Amendment rights. One of the first pieces of legislation passed under Congress’s §5 power was the Ku Klux Klan Act of April 20, 1871 [http://www.law.cornell.edu/supct/html/02-1667.ZD1.html]