Yet even if we came to a nationally shared recognition that government policy has created an unconstitutional, de jure, system of residential segregation, it does not follow that litigation can remedy this situation. Although most African Americans have suffered under this de jure system, they cannot identify, with the specificity a court case requires, the particular point at which they were victimized.
This is a huge and important statement. It may be wrong, but how can you prove it in court when its wholly systemic?