Orrin Hatch: “my colleague Senator Kennedy continues to mischaracterize Senator Ashcroft's record with regard to school desegregation.…”

“my colleague Senator Kennedy continues to mischaracterize Senator Ashcroft's record with regard to school desegregation. First, let me say that I do not in the least condone segregation in St. Louis or Kansas City or anywhere else. It is a shameful legacy that must be dealt with appropriately. Second, while the costs of the desegregation program were exorbitant this is not the only criticism to be made of the plans. The primary argument repeatedly made by Senator Ashcroft is that the state was never found liable for an inter-district violation. Senator Kennedy refers to an 8th circuit decision that he argues found the State of Missouri guilty of an inter-district violation. But a circuit court cannot make such a factual finding. Rather this is a finding that must be made by the trial court. The fact that the State was never found liable for an inter-district violation is shown by the fact that throughout 1981 and 1982 the parties were preparing for a trial on the very question of inter-district liability. So again, I emphasize that it is true and correct to say that the State was never found liable for an inter-district violation. Although the State was not found liable for an inter-district violation it was required by the district court to pay for a settlement reached by the suburbs and the City of St. Louis. This order by the district court was likely unconstitutional under the Supreme Court's decision in Milliken.”