John Marshall Harlan II

“ We do not deal here with a state statute which 'embodies a policy of statewide concern,' Spielman Motor Sales Co. v. Dodge, 295 U.S. 89, 94, 55 S.Ct 678, 79 L.Ed. 1322 (1935) , but one which expresses a judgment that more educational facilities are needed in a particular locality. Indeed, appellants' constitutional attack on the statute is entirely based on the peculiar local situation existing in Montgomery. At present, there are two state-supported institutions of higher learning in the city. Alabama State is a four-year college which had traditionally been attended by Negroes. ”

“ In contrast, our 'freedom-of-choice' decisions of last Term, Green v. County School Board, 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716 (1968) ; Raney v. Board of Education, 391 U.S. 443, 88 S.Ct. 1697, 20 L.Ed.2d 727 (1968) ; Monroe v. ”