Constitutional and Statutory Mandates for Residential Racial Integration and the Validity of Race-Conscious, Affirmative Action to Achieve It
Recent decisions of the United States Supreme Court have narrowed the circumstances in which government agencies may take race-conscious action to promote racial integration in education, government contracting, and voting. (Adarand 1995; Bush 1996; Gratz 2003; Grutter 2003; Miller 1995; Parents Involved 2007; Shaw 1993). Th e eff ect of these decisions on housing integration is not clear. In 1976, in Hills v. Gautreaux, the U.S. Supreme Court authorized the development of a race-conscious remedy that would enable Black public housing residents to move from Chicago to the suburbs (Gautreaux 1976). In 1999, however, the Fift h Circuit Court of Appeals questioned the continuing authority of Gautreaux and invalidated a race-conscious remedy to redress past housing segregation (Walker 1999).