United States of America, by John Mitchell, Attorney General v. The Board of Education of Baldwin County, Georgia

WISDOM, Circuit Judge:

In a number of recent school desegregation cases this Court reversed the district court’s orders approving a freedom of choice plan and remanded the cases with instructions that the court direct the school boards to submit a new plan based on zoning and pairing of schools. We suggested that the plan be formulated in the light of recent decisions of the United States Supreme Court 1 and of this Court. 2

A freedom of choice plan is not per se unconstitutional. 3 Indeed, it may be better fitted for certain districts than an attendance zone plan when, for example, a school…