Despite nearly four decades of controversy and debate over school segregation, the desegregation dilemma is still largely unresolved. The “busing” problem has received less national attention in recent years, and there are no riots, bus burnings, and school boycotts, as witnessed in earlier decades. Yet current events reveal the depth of a dilemma that has divided educators, parents, jurists, social scientists, and many other groups since the beginning of the civil rights movement. Indicators of the current desegregation dilemma are numerous. Hundreds of school districts throughout the country still impose busing for desegregation purposes, many under court orders that are now more than twenty years old. Although the types of desegregation plans have evolved to some extent, with increased emphasis on school choice, many plans still compel children to attend schools that their parents would not choose, solely for the purpose of racial “balance.” Further, after a period of quiescence, school desegregation was again the subject of several major Supreme Court decisions in 1991 and 1992. The decisions affected the length of time and the conditions under which a school district has to maintain a court-ordered busing plan. Although these decisions dispelled a common misconception that school systems have to maintain desegregation plans “in perpetuity,” it is still unclear how many school districts can or will end their busing plans. Finally, new desegregation litigation and controversies continue to surface. In 1989 a lawsuit was initiated in a Connecticut state court by the National Association for the Advancement of Colored People (NAACP) to compel desegregation between the city of Hartford and its suburban districts. A similar city suburbs desegregation strategy failed in the federal courts, but the Hartford lawsuit seeks to build on the success of school equal-finance cases under state constitutions. In 1991 the school board of La Crosse, Wisconsin, adopted a busing plan to equalize economic (rather than race) differences among schools. Reminiscent of the busing controversies of the 1970s, all board members who supported the busing plan were voted out of office in a regular and a recall election, reflecting the widespread community opposition to busing for the purpose of achieving socioeconomic balance in schools.
Criminal Prosecutions Affecting Federally Guaranteed Civil Rights: Federal Removal and Habeas Corpus Jurisdiction to abort State Court Trial