The Bush Administration is arguing that continued residential segregation that is not due to official policy should not bar a judicial finding of unitariness.

Dellinger: Justice Scalia, the singularity and unitariness of the Executive are what makes it distinguishable from every other official, and it's not possible.

Then, last July, on an appeal by the NAACP Legal Defense Fund on behalf of some black parents, a Federal appeals court ruled that the finding of "unitariness" was not sufficient to relieve the school district of its obligation to bus children to maintain integration.