5

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had been a quota system,16 minorities would have been admitted under it each year. Further, since the special and regular program each year admitted more and less than 16 minority students - a low of 12 in 1970 to a high of 31 in 1973 - it is clear there was no ceiling on minority admissions at Davis.

Finally, there is ample Supreme Court precedent for remedial efforts taking race into consideration. The courts have long recognized that simple elimination of future discrimination is not enough to rectify what has happened in the past.

The Supreme Court held in North Carolina State Board of Education
vs. Swann:

- just as the race of the student must be considered in determining whether a Constitutional violation has occured, so also must race be considered in formulating a remedy. To forbid, at this stage, all assignments made on the basis of race would deprive school authorities of the one tool absolutley^" essential to fulfilment of their
constitutional obligation."