Federal courts have endeavored to assure that private discrimination practiced by schools is truly private. In this endeavor, courts have enjoined any significant state involvement as violative of the equal protection clause. The courts have shown no inclination to prohibit the private discrimination itself, however, and it appears unlikely that courts in the near future will take the innovative step of barring discrimination practiced by private white academies.
James E. Smith,
Post--Brown Private White Schools--An Imperfect Dualism,
26 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol26/iss3/10