Warren E. Burger

“ The Supreme Court of Georgia upheld both contentions, concluding first that the plan violated the Equal Protection Clause 'by treating students differently because of their race.' The court concluded also that Title IV prohibited the board from 'requiring the transportation of pupils or students from one school to another * * * in order to achieve such racial balance * * *.' We reject these contentions. ”

“ The plan, adopted by the Board of Education and approved by the Department of Health, Education, and Welfare, [1] relies primarily upon geographic attendance zones drawn to achieve greater racial balance. Additionally, the pupils in five heavily Negro 'pockets' either walk or are transported by bus to schools located in other attendance zones. ”

“ School boards that operated dual school systems are 'clearly charged with the affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch.' Green v. County School Board, 391 U.S. 430, 437-438, 88 S.Ct. 1689, 1694, 20 L.Ed.2d 716 (1968) . In this remedial process, steps will almost invariably require that students be assigned 'differently because of their race.' See Swann v. ”