As the foregoing demonstrates, racial balancing is sometimes a constitutionally permissible remedy for the discrete legal wrong of de jure segregation, and when directed to that end, racial balancing is an exception to the general rule that government race - based decisionmaking is unconstitutional. (caselaw.findlaw.com)
Although he could not prove there was broad support for prohibiting de jure segregation in 1868, he did show that there was a clear and vibrant tradition in case law that viewed the use of racial classifications by government as pernicious, particularly because such a practice is so susceptible to the tyranny of majority faction. (educationnext.org)
A person with de jure authority has a right to issue commands, make decisions, and enforce obedience on the basis of certain presupposed legal conventions, rules, and methods of entitlement. (firstthings.com)