modification orders by supreme court precedent limiting interdistrict remedies to enter district constitutional violations nd and no modification could have possibly been warranted on the basis of a change in arkansas appeal the state of arkansas has for three decades empowered parents to have a voice in their children's education by providing parents the ability to choose the public school that best fits their child's needs arkansas to a race neutral school choice program and certain school districts or recent financial or otherwise have attempted to avoid participating in school choice on the same footing as practically every other school district in the state and the four school districts below who were rigid who were originally defendants in desegregation cases brought as early as fifty years ago have used these cases in that way and we think they should be verse as all start with what is the most straightforward reason for reversal prohibiting interdistrict student transfers is an interdistrict remedy the supreme  i mean i'm struggle with this into rivers interdistrict distinction and imposed on i mean this is imposed on the districts that are subject to the original orders is it not i mean for and confusing the question there i think a little bit but can you specifically address why this is an internet district when really i mean the only districts that are before the court i mean there's only one of the two districts here right i mean that's it the other districts not joined in a lot of these interdistrict he says we have multiple districts we're moving around school district lines can you try to articulate for me why this is an interdistrict remedy so there's two aspects to whether  district in nature that we can think of we can think of the effect interdistrict effect of the order and we can think of the pope as so in millikan you have one of the cases where it's certainly more drastic interdistrict remedy and redrawing district lines and here i do think we have interdistrict of facts in that the way that arkansas school choice program operates the transfer or districts the resident district don't actually have any duty under  arkansas school choice regime to do anything the administrative duties of accepting students is entirely on the districts where they want to transfer to when the district the district court imposes the obligation not to participate in in school supposed to be doing is injury relief to target intentional discrimination by government officials remedying it and adding out of the business of being involved in overseeing the operations school districts and in the sense of interfering with the operation of local school districts this certainly does so on interdistrict basis because it the new surroundings school districts here would otherwise be able to accept these transfers and in some senses under state law might be obligated to or at least would have a limited number of reasons that they could reject those school choice transfers because every school district in the state to the extent that they don't have a an order like the ones here are required to court couldn't have done an end run around the supreme court's initial ruling and sought to effectuate the inter district remedies that it was trying to do in an indirect way it said that the limit no modification could have ever been wanted no matter the relief on the basis of the change in arkansas school choice law and again all of the parties agree that at least three of the four cases here were entirely introduced strict in nature for their entirety there situation with every other school district other than harmony grove so the candidate fairview consent decree does contain one transfer restriction as to what districts the complaint and all the orders in that case are entirely silent on relief as there is no indication in any of these orders besides the one provision that intra district transfers are prohibited or problematic were given a topic of concern in those cases and the district court admitted that this this was true reading the orders there's no language in there about in her district transfers and yet it concluded that based on the expressed language having to do with intrade districts behavior that it could modify the workers to impose this sort of interdistrict discrimination and that runs contrary to numerous supreme court cases that holds that only government action can constitute intentional discrimination in the context of the th amendment and the district would also assume that any time numerous cases that racial balancing in and of itself is not something one the federal courts should be engaged in and that too and that it's not something to be sought for its own sake racial balancing that  demographics are relevant in the sense if they are caused by an intentional government action but the extent that those are caused by demographic shifts by parent choices that's not relevant in the constitutional sense and in effect you just record simply modify these orders or impose new obligations that were not contemplated by the original warders in those cases and finally the modification orders themselves violate protection principles the supreme court telling parents involved that gray space didn't transfer assignments violate equal protection where they are not tailored at remedying the effects of result of that and the modification orders here actually require the just records excuse me the school district to return to this regime that was was declared unconstitutional and so unlike the rest of the state of practically every district in the state children of any race may make use of school choice and that's not true for the four districts at issue here so arkansas has repudiated that approach it's abandoned that sort of waste conscious student the district mystery of defiance of brown versus board of education the context within which these cases were brought the language of the complaint plus the motions are really out last year we were specifically is the conflict  think that may be the the opposite of it but jenkins noted that in her district remedy was inappropriate in that case because of the absence of white flight or at least acknowledge that that wasn't present there and that that to take against at mr jacobs position and enter district remedy i don't believe it the state of arkansas passed the twenty seven thousand act and imposed inter district transfers on every school district in the state of arkansas  of the demand of us constitutional violations i think when you look at these applications and you see that there were at one hundred and twenty nine applications last year you're suggesting a single white student a majority black school out of the twenty seven dollars that have come before their school boards and almost all of them were segregated i think i would point you can allow the state to let private choices of parents where perhaps the motives are not ot argument here that the school boards which also have a checkered history are better positioned and maybe that's an issue that the state legislature can pick between right i mean i don't i'm not sure this is the constitutional reason for having the school boards do this i think that perhaps the school boards have just arrived at the correct conclusion perhaps faster than some parents and i want to be clear that i'm not  participating school choice what you do not and so you can't allow any transfers and that's another thing that the district court has done here that has made it perhaps a bit more equitable we're not going to consider a way we're going to out that i think you touched on with mr jacobs well  medical diagnosis i think that would be something our school boards would be sympathetic to and the educational reason to transpose it was great it was actually into hope school district but  because there's documented white flight i mean you had one hundred and twenty applications on two of them are black i mean i get what you're saying if it was just want i think if it was just one we wouldn't be here but everybody here has been attempt at every single transfer for any reason that they wanted to so that they're not required to accept any of the orders do not define what an education or compassionate transfer even is the districts sort of have of the appendix that the districts are required to five votes with the state saying what are you doing to comply with your desegregation so you segregation obligations the answer is we have there are no obligations under orders in the navy's cases other than not to participate in  be integrated with some of these districts creatively thought that they could do is say well we won't have them that anymore and we'll let you choose where you want to go to school and the result predictably was the white students to want to their white schools in the black students so went to the black schools and you didn't have  integration that's not the same thing as school interdistrict school choice in the st century so in the junction city order it doesn't say anything about inter district transfer as being a problem or an issue