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The Ho case ended express use of race in San Francisco public school assignment. The parties to the original desegregation agreement (NAACP v. SFUSD) failed to respond to the challenge to justify the use of race as a factor in admissions. The Ho case was not an adjudication of the merits. The school district was not prepared to make its case and, hence, settled. In the new Consent Decree, the Diversity Index did not use race. Substitutes for race, such as language of the mother and income were used. Nevertheless, the subjective purpose of using a Diversity Index was racial, as the success or failure of the Diversity Index is always discussed in terms of its racial impact.