Case Summary: Ayers & United States v. Fordice

On January 28, 1975, Mississippi was sued for maintaining an unconstitutional dual system of higher education. Plaintiffs argued that Mississippi denied equal opportunities to black students and faculty members by favoring the State's historically white colleges and universities at the expense of its historically black colleges and universities, and by failing to remove the vestiges of racial segregation in the former de jure dual system. On April 21, 1975, the Section intervened and joined the plaintiffs in seeking injunctive relief that would bring Mississippi's higher education system into conformity with constitutional and statutory provisions.

After a trial, the district court and appellate court found for the defendants, but, in 1992, the Supreme Court overturned the lower courts' decisions and remanded the case to the district court to determine if Mississippi had taken the necessary steps to ensure that a student's choice of college was indeed free and unconstrained by Mississippi's former discriminatory policies. The case marked the first time that the Supreme Court defined the applicable legal standards for higher education desegregation.

On February 15, 2002, the court entered afinal judgmentapproving a $503 millionsettlement. Endorsed by the Mississippi legislature, the settlement will fund a comprehensive plan over a seventeen-year period aimed at improving academic programs, making capital improvements, and expanding summer programs at the State's historically black colleges and universities. The State also will recognize the historically black Jackson State University as a comprehensive university. The district court dismissed the case, but has retained jurisdiction to enforce the settlement agreement.