Desegregation vs. Integration
Let's take a trip back to the mid-20th century.
First of all, let's ignore the fact that the Supreme Court's decision to desegregate the schools was, while the right thing to do, extremely unconstitutional (laws should be made from the legislature, not the bench, and the 14th Amendment intentionally left out the schools). [SIDENOTE: I'm not against desegregation, I just think that Congress should have initiated it, not the SC).
Anyways, so the schools are desegregated at this point. However, due to the natural and voluntary decisions on all Americans, many neighborhoods happened to be (and still happen to be) racially "imbalanced." Human beings tend to live closer to members of their own ethnic groups. Therefore, schools tended to (not always, but tended to) be racially imbalanced.
The Civil Rights Act of 1964 was a landmark case for African-American rights. Note what it says:
"Nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance."
Similarly, the chief litigator of the NAACP Legal Defense and Education Fund during Brown v BOE, future Supreme Court Justice Thurgood Marshall, had said that the Constitution required an end to segregation, NOT integration (although of course Marshall changed his position once he reached the SC).
So, let's think about Swann v Charlotte-Mecklenburg Board of Education. The Charlotte board proposed a plan that had 9 of its 10 high schools being between 17-36% black, while the tenth was on 2% black. For some reason, this plan was unaccetable, and the Supreme Court ordered that black students be bused into the suburban schools, and white student be bused into the city schools, is this a clear violation of the Civil Rights Act of 1964? Is this a classic case of discrimination to end discrimination? Furthermore, does the SC (or even Congress for that matter) have the right to integrate? Keep in mind the key differences between integration and desegregation.