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MILLENNIUM SHOWDOWN FOR PUBLIC INTEREST LAW 11
In 1971, the United States Supreme Court affirmed a Virginia district court
decision enjoining a scenario similar to the one the Alabama court declined to
enjoin. 69 The Virginia district court enjoined the upgrade of a historically white
two-year institution to a four-year institution. 70 As a four-year institution, the
historically white college would compete with the historically black college for
students?1 The district court reasoned that Green protected public college students
from discrimination as clearly as it protects public elementary and high
school students. 72 Norris charged states to affirmatively eliminate the "vestiges of
their previously de jure segregated college systems. ,,73
In 1973, a group of plaintiffs from several states sued the United States Department
of Health Education and Welfare (HEW) to force agency enforcement
of the Title VI requirement that states file desegregation plans for institutions of
higher education?4 In the four years since the original request, ten states failed
to comply with the requirement. 75 Mississippi, a non-complying state, had eight
public colleges and universities, three black and five white. 76 Three of the white
institutions received greater funding and offered more programming than the historically
black colleges. 77 Two of the historically black colleges and two of the
historically white schools were considered regional schools dedicated to undergraduate
preparation?8 The surviving historically black institution had a limited
research focus and was considered urban. 79 The university trustees filed a plan in
response to HEW pressure but lacked the finances to implement the plan for
approximately three years. 80 Black plaintiffs, frustrated by the lack of progress
toward desegregation of the university system, sued the university to obtain the
enforcement of their right to equal education in United States v. Fordice. 81
In Fordice, the Court determined that segregated systems exist where there are
duplicated resources and programs between single race profiles with no sound
educational justification for the single race status. 82 Mississippi could demonstrate
no significant effort to eliminate de jure segregation in state institutions of
higher learning. 83 Because the historically black colleges existed contemporane-
69 Washburn, supra note 36, at 1136-37 (citing Board of Visitors v. Norris, 404 U.S. 907 (1971».
70 Norris v. State Council of Higher Ed., 327 F. Supp. 1368 (E.D. Va. 1971).
71 Washburn, supra note 36, at 1137.
72 [d. at 1137-38.
73 Washburn, supra note 36, at 1137.
74 [d. at 1139-1140.
75 [d.
76 [d.
77 [d. at 1141
78 Washburn, supra note 36, at 1141.
79 [d.
80 [d., United States v. Fordice, 505 U.S. 717 (1992).
81 Washburn, supra note 36, at 1135-45; Fordice, 505 U.S. 717.
82 Wenglinsky, supra note 6.
83 Washburn, supra note 36, at 1148.