The opinion
COLEMAN, Circuit Judge
(dissenting).
I respectfully dissent.
1. I believe these cases were correctly decided in the District Court and that the Constitutional rights of the school children in these districts were preserved by that action. Instead of embroiling these children in further uproar and disruption. I would pronounce a “well done” on Bibb and Houston and thus encourage other districts to go and do likewise. The record in these cases shows that no child is being excluded from any school by reason of race. It is a rare district that can point to the fact that twenty-five per cent of its Negro students are enrolled in formerly all-white schools, as in Bibb. The same may be said of the twenty per cent in Houston. There are no more all-black schools, for the facilities and staffs have been integrated and entire classes from the formerly all-white schools are being taught in the formerly all-black schools. There is *100 no showing whatever that the status of any school is caused by racial discrimination. So, what the majority seems to be doing here is to continue to strive for racial balance. Nor is this justified on the argument that it is necessary for the eradication of discrimination. When every child is genuinely free to attend any school it wishes to attend, regardless of race or economic status in life, there simply is no discrimination. Some of these days, the Courts are going to have to recognize this fact if they are to free themselves of their tragic failures in the role of school administrators and get back to their primary function.
2. The past history of this litigation and the existing facts fall far short of justifying summary action on appeal. We should take advantage of the opportunity presented in these cases to delineate meaningful standards as to what is, or is not, the abolition of a dual school system or the inauguration of a unitary system. We are never going to get out of this worsening problem by continually saying, “This is not enough”. We should say what is enough, in affirmative language, and let us get back to educating children of all races in an atmosphere of learning. After all, we deal with these cases in the exercise of equity jurisdiction.
3. I do not believe the Supreme Court has required, or would require, mid-session disruption of the academic process in school districts which have climbed as far up the hill as have Bibb and Houston. To be specific, I think these districts have in good faith proceeded with deliberate speed, with constructive results, and, having done that, it is high time for the Courts to withdraw from the picture.
Again, with deference, I respectfully dissent.