The principal cause of racial and ethnic imbalance in urban public schools across the country—North and South—is the imbalance in residential patterns

Where there is proof of intentional segregative action or inaction, the federal courts must act, but their remedies should not exceed the scope of the constitutional violation.

L] arge scale busing is permissible only where the evidence supports a finding that the extent of integration sought to be achieved by busing would have existed had the school authorities fulfilled their constitutional obligations in the past.

Professor Graglia's view on this point now seems to be shared by Chief Justice Burger and Justices Powell and Rehnquist.

The Court has found that, once unconstitutional segregation is corrected, lower federal courts do not have the power to supervise school districts to insure that no defacto segregation occurs in the future.

—the Supreme Court granted certiorari and vacated the decision of the Fifth Circuit and remanded the case for reconsideration in light of Washington

—the Court upheld a neighborhood school policy whose foreseeable and ineVitable effect was racial isolation.

—the Supreme Court reversed the Fifth Circuit Court of Appeals approval of a requirement of extensive cross-town busing to achieve a certain degree of racial balance in every school.[42]

This circuit has held that "[a] contempt is a willful disregard or disobedience of public authority and the requisite wrongful intent may be inferred from [a] reckless disregard of obligations to the court."

This conclusion is of questionable validity, however, since inaction that is the product of rational choice constitutes a form of action, and it is the intent of officials which provides the basis for a finding of unconstitutional conduct.