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15 St. Louis U. Pub. L. Rev. 1 (1995-1996)
Foreword: School Desegregation, Civil Rights, and the Supreme Court's 1994-1995 Term

handle is hein.journals/stlpl15 and id is 13 raw text is: SYMPOSIUM FORTY YEARS AFTER BROWN V. BOARD OF EDUCATION: ARE OUR REMEDIES FOR RACIAL DISCRMINATION WORKING? FOREWORD: SCHOOL DESEGREGATION, CIVIL RIGHTS, AND THE SUPREME COURT'S 1994-1995 TERM LELAND WARE* INTRODUCTION During the 1994-1995 Term, the Supreme Court issued a series of decisions which reflects a dramatic change in the Court's approach to civil rights jurisprudence. In cases involving voting rights,' affirmative action,2 and school desegregation,3 the majority continued on a track that first emerged approximately five years ago.4 Taken together, the three cases decided this Term make it clear that the Court has repudiated a progressive stance that was adopted more than forty years ago when the first of the major pro-civil rights decisions was issued in the late 1940s. In Miller v. Johnson, a case involving voting rights, the Court held that majority minority districts created to comply with the Voting Rights Act' are unconstitutional if race is the primary factor in the design and creation of the districts. In the case of affirmative * Professor of Law, Saint Louis University School of Law. 1. Miller v. Johnson, 115 S. Ct. 2475, 2492-93 (1995). 2. Adarand Constrs., Inc. v. Pefia, 115 S. Ct. 2097, 2113 (1995). 3. Missouri v. Jenkins, 115 S. Ct. 2038, 2048-49 (1995). 4. Freeman v. Pitts, 503 U.S. 467 (1992); Board of Educ. v. Dowell, 498 U.S. 237 (1991). 5. Voting Rights Act of 1965 § 5, Pub. L. No. 89-110, 79 Stat. 445 (codified as amended at 42 U.S.C. § 1973c (1994)); see also U.S. CONST. amend. XIV. 6. Miller, 115 S. Ct. at 2492-93.

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