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At issue in Goss v. Board of Education (1963) was the constitutionality of the transfer provisions of a desegregation plan in Tennessee. Goss stands out as an example of the Supreme Court's growing impatience with both the slow rate of desegregation and ongoing state-created barriers to the efforts to dismantle segregated school systems. Goss is additionally noteworthy insofar as it is a forerunner of later choice plans that were litigated in the fight to remedy segregated schools and districts.

Facts of the Case

A county board of education, which was home to a number of school systems, submitted a plan in an attempt to desegregate its formerly unitary schools through rezoning. Under the desegregation plan, the terms of the transfer provisions allowed students who lived in areas ...

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