[HiTech RedNeck]

Looking around for precedent, was there any other time in American history (such as dealing with racial discrimination) that the USSC conjured positive law into existence like this, rather than nullifying provisions in statutes?

[Mrs. Don-o]

Wow, that's an interesting question and I am not competent to answer it. They conjured a couple of things for Obamacare, right?

I'd look into the particulars of Federal courts mandating and, over years/decades, "managing" and fine-tuning, school "desegregation."