 Justice Breyer noted, "No one here disputes that Louisville's segregation was de jure" and cites a 1956 memo where the Seattle School Board admitted its schools were de jure segregated as well.All of the dissenting Justices acknowledged that "the Constitution does not impose a duty to desegregate upon districts" if they have not practiced racial discrimination.However, the dissenters argued that the Constitution permits such desegregation even though it does not require it.