|
educational opportunity to black children." On the other hand, black board member
Barbara Martin voted against the plan. The only other black member of the board, Sarah
Johnson, voted for the plan, but with serious reservations over the increase in
compensatory schools. "This is a plan that segregates rather than integrates," she was
quoted as saying. Washington Post, March 14, 1986, p. Bl.
201. Vaughns v. Board of Education of Prince George's County, 742 F. Supp. 1275 (D. Md.
1990).
202. . Id at 1291.
203. Id at 1292.
204. For example, regarding an attempt to prove just this in Maryland, the Court of Appeals
wrote:
[T]he plaintiffs' efforts to distinguish Rodriguez must also fail in light of the
recent line of Supreme Court decisions establishing purposeful discrimination as a
requirement for a successful federal equal protection challenge.... The principle
of these cases ... is that a "discriminatory purpose" implies more than intent as
volition or intent as awareness of consequences; rather it implies that the decision
maker (a state legislature) selected or reaffirmed a particular course of action at
least in part "because of," and not merely "in spite of," its adverse effects upon an
identifiable group. In the present case, not only was there no finding of
purposeful discrimination, but there was not even an allegation of such an
invidious motive.
Hombeck v. Somerset Co. Bd. of Educ., 295 Md. 597 (1983).
205. 411 U.S. 1(1973).
206. 295 Md. 597 (1983). Judge Cole dissented at 659. The decision of the Court of Appeals
reversed the decision of Judge Ross of the Circuit Court for Baltimore City.
207. "Desegregating Maryland's Colleges: It Won't Be Simple," Washington Post, April 7,
1969 p. Cl.
208. "State, U.S. to Air Integration Bid," Baltimore Sun, July 8, 1969.
209. 356 F. Supp. 92 (D.D.C. 1972).
210. 411 F. Supp. 542 (D. Md. 1976).
211. Mandel v. U.S. Dept. of Health, Ed. and Welfare, 411 F. Supp. 542, 551-3 (D. Md. 1976).
On appeal, the Fourth Circuit initially issued an opinion modifying the decision of the
227
|
