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In the mid-1970s, Biden was one of the Senate's leading opponents of desegregation busing. His white Delaware constituents strongly opposed it, and such opposition nationwide later led his party to mostly abandon school desegregation policies.[80]
In his first Senate campaign, Biden expressed support for the Supreme Court's 1971 Swann decision, which supported busing programs to integrate school districts to remedy de jure segregation, but opposed it to remedy de facto segregation, as in Delaware. He said Republicans were using busing as a scare tactic to court Southern white votes, and along with Boggs voiced opposition to a House of Representatives constitutional amendment banning busing.[81] In 1974, Biden voted to table an amendment to an omnibus education bill promoted by Edward Gurney (R-FL) that contained anti-busing measures and anti-school desegregation clauses. In May, Senator Robert Griffin (R-MI) attempted to revive an amended version of the amendment. Minority Leader Hugh Scott (R-PA) and Majority Leader Mike Mansfield (D-MT) offered to leave the text of Griffin's amendment intact but add the qualifier that such legislation was not intended to weaken the judiciary's power to enforce the 5th and 14th Amendments of the U.S. Constitution. Biden voted for this compromise, angering his local voters.[82]
Following this, some Delaware residents met at the Krebs School in Newport to protest integration. Biden spoke to the auditorium and said his position on school busing was evolving, emphasizing that busing in Delaware was in his opinion beyond court restrictions. The crowd was unconvinced, and heckled him until he yielded the microphone.[83] This, along with the prospect of a busing plan in Wilmington, led Biden to align himself with civil rights opponent Senator Jesse Helms (R-NC) in opposing busing. Biden and anti-busing senators wanted to limit the scope of Title VI of the Civil Rights Act of 1964 with respect to the federal government's power to enforce school integration policies.[80] After 1975, Biden took a harsher line on further legislative action to limit busing.[67] That year, Helms proposed an anti-integration amendment to an education bill that would stop the Department of Health, Education, and Welfare (HEW) from collecting data about students' or teachers' races and thereby prevent it from defunding districts that refused to integrate. Biden supported this amendment, saying: "I am sure it comes as a surprise to some of my colleagues ... that a senator with a voting record such as mine stands up and supports" it.[84] He said busing was a "bankrupt idea [that violated] the cardinal rule of common sense", and that his opposition would make it easier for other liberals to follow suit.[67] But he had also supported integrationist Senator Edward Brooke's (R-MA) initiatives on housing, job opportunities and voting rights.[82] Civil rights lawyer and NAACP Legal Defense Fund director Jack Greenberg criticized Biden's support for the bill, saying it "heave[d] a brick through the window of school integration", with Biden's hand on the brick.[85]
Biden supported a measure Senator Robert Byrd (D-WV) sponsored that forbade the use of federal funds to transport students beyond their closest school. This was adopted as part of the Labor-HEW Appropriations Act of 1976. In 1977, Biden co-sponsored an amendment with Thomas Eagleton (D-MO) to close loopholes in Byrd's amendment. A 1977 status report on school desegregation by the federal Civil Rights Commission in Washington, D.C., said, "the enactment of Eagleton-Biden would be an actual violation, on the part of the Federal Government, of the fifth amendment and Title VI" of the Civil Rights Act.[86] President Carter signed the amendment into law in 1978.[87] Biden repeatedly asked for, and received, the support of Senator James Eastland (D-MS) on anti-busing measures