April 23, 1997 Before KING, JOLLY, and DENNIS--Circuit Judges. KING, Circuit Judge:

This case concerns the obligation of the State of Mississippi and the other defendants to dismantle the system of de jure segregation that was maintained in public universities in Mississippi.

After we heard the initial appeal of this case in 1990, the Supreme Court established, for the first time, the standards for determining in the university context whether a state has met its affirmative obligation to dismantle its prior de jure system. We now review the district court's ruling following trial on remand to determine whether it erred in its application of these standards. For the reasons set forth below, we affirm in part, reverse in part, and remand the case to the district court for further proceedings consistent with this opinion.

I. BACKGROUND

Mississippi's system of public four-year universities was formally segregated by race from its inception in 1848 through 1962, when the first black student was admitted to the University of Mississippi by order of this court. The racial identifiability of Mississippi's eight public universities changed little during the decade following the landmark admission of James Meredith. The student composition of the University of Mississippi, Mississippi State University, Mississippi University for Women, University Of Southern Mississippi, and Delta State University (collectively, "historically white institutions" or "HWIs") remained almost entirely white, while that of Jackson State University, Mississippi Valley State University, and Alcorn State University (collectively, "historically black institutions" or "HBIs") remained almost entirely black. The racial identifiability of these institutions persists to the present.

Private plaintiffs initiated this class action in 1975, complaining that Mississippi was maintaining a racially dual system of higher education in violation of the Fifth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution and Title VI of the Civil Rights Act of 1964. The United States intervened as plaintiff and alleged violations of the Equal Protection Clause of the Fourteenth Amendment and Title VI. For twelve years the parties attempted to resolve their differences through voluntary dismantlement of the prior segregated system. Unable to achieve ultimate agreement, the parties proceeded to trial in 1987. The district court ruled that Mississippi had discharged its affirmative duty to dismantle the former de jure segregated system of higher education through its adoption and implementation of good-faith, race-neutral policies and procedures in student admissions and other areas. Sitting en banc, this court affirmed. The United States Supreme Court granted certiorari.