Find Legal Information

In 1978, a Seattle school district adopted a mandatory busing plan to integrate its schools. No court or administrative body found the district to be engaged in unlawful segregation. A statewide initiative adopted in 1978 mandated a neighborhood school policy. The policy provided for some exceptions including voluntary busing options and mandatory busing if so ordered by state or federal courts. The initiative blocked the implementation of Seattle's mandatory busing plan. School officials challenged the Washington government in federal court.

Does the statewide initiative violate the Equal Protection Clause of the Fourteenth Amendment?

Yes. The initiative reordered the educational decisionmaking process by moving the power over busing for purposes of integration to state control. The state explicitly employed "the racial nature of a decision to determine the decisionmaking process." This kind of state action places an unconstitutional burden on racial minorities within the governmental process.