WASHINGTON (AP) — The Trump administration’s effort to overturn decades-old school desegregation orders is facing pushback from a federal judge in Louisiana.
After the judge refused to close the books on a desegregation case dating back to the 1960s, the Concordia Parish school system in central Louisiana and the state on Tuesday filed an appeal. The case offers the first major test of the government’s attempt to quickly end some of the long-running cases.
The school system has become a focal point in the administration’s attempt to end legal cases that reach back to the Civil Rights era. Louisiana state officials say the cases are outdated and no longer needed. In a remarkable turn, they’ve recently gained support from the U.S. Justice Department, which spent decades fighting for such cases.
The campaign encountered its first major obstacle this month when U.S. District Judge Dee Drell rejected a court filing from Louisiana and the Justice Department aiming to free Concordia from a 1965 lawsuit. That case was brought by Black families who demanded access to the town’s all-white schools.
A number of legal requirements from the case remain in place today, and some families say the court orders are still needed to improve education at the area’s mostly Black schools.
Louisiana and the federal government tried to dismiss the case immediately by saying all remaining parties believe the case is no longer necessary. It was not signed by any families who brought the suit, who are no longer involved.
Drell refused, saying the court can reject such agreements when bigger issues are at stake.
“At the heart of this case is public policy and the protection of others, and the court has been tasked with ensuring the resolution of this matter in accordance with long established legal precedent,” Drell, who was appointed by former President George W. Bush, wrote in a Nov. 19 order.
Instead, Drell offered Concordia Parish a hearing to prove it has fully dismantled state-sponsored racial segregation — the traditional route to get such cases dismissed.
The school district and the state appealed that decision in a Tuesday filing. They did not immediately respond to a request for comment.
The Justice Department used the same tactic to lift a 1966 order in Louisiana’s Plaquemines Parish school district — the judge in that case had been dead for decades — and it signaled plans to have others dismissed later.
Dozens of 1960s school desegregation cases remain in place across Louisiana and the South, including some that are actively being litigated and others that have languished.
The Justice Department has framed the decades-old cases as federal intrusion into local school decisions. Harmeet Dhillon, who leads the department’s civil rights division, previously promised that other cases would “bite the dust.”
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