missouri
jenkins
argued
january
decided
june
page
together
missouri
et
al
jenkins
et
also
certiorari
see
rule
school
desegregation
litigation
see
missouri
jenkins
missouri
challenges
district
orders
requiring
state
fund
salary
increases
virtually
instructional
noninstructional
staff
within
kansas
city
missouri
school
district
kcmsd
continue
fund
remedial
quality
education
programs
student
achievement
levels
still
national
norms
many
grade
levels
affirming
orders
appeals
rejected
state
argument
salary
increases
exceeded
district
remedial
authority
directly
address
relate
state
constitutional
violation
operation
prior
segregated
school
system
within
kcmsd
appeals
observed
inter
alia
increases
designed
eliminate
vestiges
segregation
improving
desegregative
attractiveness
district
reversing
white
flight
suburbs
appeals
also
approved
district
implici
rejection
state
request
determination
partial
unitary
status
freeman
pitts
respect
existing
quality
education
programs
held
respondents
arguments
state
may
longer
challenge
district
desegregation
remedy
event
propriety
remedy
page
ii
rejected
jenkins
certiorari
granted
review
manner
remedy
funded
denied
state
challenge
review
remedial
order
scope
resisted
state
efforts
challenge
scope
thus
neither
approved
disapproved
appeals
conclusion
remedy
proper
see
however
state
challenged
district
approval
salary
increases
beyond
remedial
authority
analysis
permissible
scope
authority
necessary
proper
determination
whether
salary
increases
exceed
authority
challenge
scope
remedy
fairly
included
question
presented
review
see
rule
procunier
navarette
pp
challenged
orders
beyond
district
remedial
authority
pp
although
district
necessarily
discretion
fashion
remedy
school
district
unconstitutionally
segregated
law
remedial
power
unlimited
may
extended
purposes
beyond
elimination
racial
discrimination
public
schools
swann
bd
proper
analysis
orders
challenged
must
rest
upon
serving
proper
means
end
restoring
victims
discriminatory
conduct
position
occupied
absent
conduct
see
milliken
bradley
eventual
restoration
state
local
authorities
control
school
system
operating
compliance
constitution
see
freeman
factors
must
inform
discretion
ordering
complete
partial
relief
desegregation
decree
whether
compliance
decree
aspects
school
system
federal
supervision
withdrawn
whether
retention
judicial
control
necessary
practicable
achieve
compliance
facets
system
whether
district
demonstrated
public
parents
students
disfavored
race
commitment
whole
decree
statutes
constitutional
provisions
predicate
judicial
intervention
first
place
ultimate
inquiry
whether
constitutional
violator
complied
good
faith
decree
since
entered
whether
vestiges
discrimination
eliminated
extent
practicable
pp
order
approving
salary
increases
grounded
improving
desegregative
attractiveness
kcmsd
page
iii
exceeds
district
admittedly
broad
discretion
order
sought
eliminate
extent
practicable
vestiges
prior
de
jure
segregation
within
kcmsd
reduction
student
achievement
existence
racially
identifiable
schools
population
black
students
instead
district
created
magnet
district
kcmsd
order
attract
nonminority
students
surrounding
suburban
school
districts
redistribute
within
kcmsd
schools
interdistrict
goal
beyond
scope
intradistrict
violation
identified
district
see
milliken
supra
indeed
district
found
appeals
affirmed
case
involved
interdistrict
violation
support
interdistrict
relief
see
jenkins
supra
district
devised
remedy
accomplish
indirectly
admittedly
lacks
remedial
authority
mandate
directly
interdistrict
transfer
students
see
milliken
record
support
district
reliance
white
flight
justification
permissible
expansion
intradistrict
remedial
authority
pursuit
desegregative
attractiveness
see
moreover
pursuit
reconciled
decisions
placing
limitations
district
remedial
authority
see
ibid
appropriate
limits
duration
district
involvement
see
freeman
supra
thus
district
pursuit
goal
desegregative
attractiveness
results
many
imponderables
far
removed
task
eliminating
racial
identifiability
schools
within
kcmsd
pp
similarly
order
requiring
state
continue
fund
quality
education
programs
sustained
whether
kcmsd
student
achievement
levels
still
national
norms
many
grade
levels
clearly
appropriate
test
deciding
whether
previously
segregated
district
achieved
partially
unitary
status
district
sharply
limit
dispense
reliance
factor
reconsidering
order
instead
apply
freeman
test
bear
mind
state
role
respect
quality
education
programs
limited
funding
implementation
programs
many
goals
quality
education
plan
already
attained
end
purpose
remedy
violation
extent
practicable
also
restore
control
state
local
authorities
pp
rehnquist
delivered
opinion
scalia
kennedy
thomas
joined
thomas
filed
concurring
opinions
souter
filed
dissenting
opinion
stevens
ginsburg
breyer
joined
ginsburg
filed
dissenting
opinion
missouri
jenkins
chief
justice
rehnquist
delivered
opinion
school
desegregation
litigation
enters
year
called
upon
review
decisions
lower
courts
case
state
missouri
challenged
district
order
salary
increases
virtually
instructional
noninstructional
staff
within
kansas
city
missouri
school
district
kcmsd
district
order
requiring
state
continue
fund
remedial
quality
education
programs
student
achievement
levels
still
national
norms
many
grade
levels
general
overview
litigation
necessary
proper
resolution
issues
upon
granted
certiorari
case
district
judge
since
missouri
jenkins
jenkins
year
kcmsd
school
board
children
two
school
board
members
brought
suit
state
defendants
plaintiffs
alleged
state
surrounding
suburban
school
districts
ssd
missouri
jenkins
various
federal
agencies
caused
perpetuated
system
racial
segregation
schools
kansas
city
metropolitan
area
district
realigned
kcmsd
nominal
defendant
certified
class
present
future
kcmsd
students
kcmsd
brought
state
failure
eliminate
vestiges
prior
dual
school
system
trial
lasted
months
district
dismissed
case
federal
defendants
ssd
determined
state
kcmsd
liable
intradistrict
violation
operated
segregated
school
system
within
kcmsd
jenkins
missouri
supp
wd
mo
district
determined
prior
missouri
mandated
segregated
schools
black
white
children
furthermore
kcmsd
state
failed
affirmative
obligations
eliminate
vestiges
state
dual
school
system
within
kcmsd
june
district
issued
first
remedial
order
established
goal
elimination
vestiges
state
imposed
segregation
jenkins
missouri
supp
wd
mo
district
determined
egregation
ha
caused
system
wide
reduction
student
achievement
schools
kcmsd
district
made
particularized
findings
regarding
extent
student
achievement
reduced
portion
reduction
attributable
segregation
district
also
identified
schools
within
kcmsd
enrollments
black
students
district
pursuant
plans
submitted
kcmsd
state
ordered
wide
range
quality
education
programs
students
attending
kcmsd
first
district
ordered
kcmsd
restored
aaa
classification
highest
missouri
jenkins
classification
awarded
state
board
education
second
ordered
number
students
per
class
reduced
ratio
level
required
aaa
standing
district
justified
reduction
class
size
essential
part
plan
remedy
vestiges
segregation
kcmsd
reducing
class
size
serve
remedy
vestiges
past
segregation
increasing
individual
attention
instruction
well
increasing
potential
desegregative
educational
experiences
kcmsd
students
maintaining
attracting
enrollment
kcmsd
awarded
aaa
rating
school
year
dispute
since
time
maintained
greatly
exceeded
aaa
requirements
beam
dissenting
denial
rehearing
en
banc
total
cost
quality
education
programs
exceeded
million
missouri
department
elementary
secondary
education
kcmsd
total
desegregation
program
expenditures
desegregation
expenditures
missouri
jenkins
district
also
set
desegregate
kcmsd
believed
accomplish
desegregation
within
boundary
lines
school
district
whose
enrollment
remains
black
difficult
task
found
interdistrict
violation
district
order
mandatory
interdistrict
redistribution
students
kcmsd
surrounding
ssd
ibid
see
also
milliken
bradley
milliken
district
refused
order
additional
mandatory
student
reassignments
increase
instability
kcmsd
reduce
potential
desegregation
relying
favorable
precedent
eighth
circuit
district
determined
chievement
aaa
status
improvement
quality
education
offered
kcmsd
schools
magnet
schools
well
components
desegregation
plan
serve
maintain
hopefully
attract
student
enrollment
ibid
november
district
approved
comprehensive
magnet
school
capital
improvements
plan
held
state
kcmsd
jointly
severally
liable
funding
app
district
plan
every
senior
high
school
every
middle
school
elementary
schools
converted
magnet
schools
district
adopted
program
provide
greater
educational
opportunity
kcmsd
students
believed
proposed
magnet
plan
attractive
missouri
jenkins
draw
students
private
schools
abandoned
avoided
kcmsd
draw
additional
students
suburbs
district
felt
benefit
kcmsd
students
greater
educational
opportunity
integrated
environment
worthy
investment
since
inception
magnet
school
program
operated
cost
including
magnet
transportation
excess
million
see
desegregation
expenditures
april
district
considered
ultimately
rejected
plaintiffs
kcmsd
proposal
seeking
approval
magnet
renewal
program
included
budget
well
million
funded
state
kcmsd
basis
app
pet
cert
june
district
ordered
substantial
capital
improvements
combat
deterioration
kcmsd
facilities
formulating
plan
district
dismissed
irrelevant
state
argument
present
condition
facilities
traceable
unlawful
segregation
instead
district
focused
responsibility
remed
vestiges
segregation
implemen
desegregation
plan
ould
maintain
attract
members
initial
phase
capital
improvements
plan
cost
million
ibid
district
also
required
kcmsd
present
capital
improvements
proposals
order
bring
facilities
point
comparable
facilities
neighboring
suburban
school
districts
ibid
november
district
approved
capital
improvements
order
remove
vestiges
racial
segregation
attract
students
back
kcmsd
app
pet
cert
missouri
jenkins
september
district
adopted
part
kcmsd
capital
improvements
plan
cost
excess
million
jenkins
missouri
supp
wd
mo
plan
called
renovation
approximately
schools
closure
facilities
construction
new
schools
district
rejected
referred
patch
repair
approach
proposed
state
achieve
suburban
comparability
visual
attractiveness
sought
result
floor
coverings
unsightly
sections
mismatched
carpeting
tile
individual
walls
possessing
different
shades
paint
district
reasoned
kcmsd
schools
underwent
limited
renovation
proposed
state
schools
continue
unattractive
substandard
certainly
serve
deterrent
parents
considering
enrolling
children
kcmsd
schools
district
ordered
million
capital
investments
missouri
jenkins
jenkins
ii
kennedy
concurring
part
concurring
judgment
since
total
cost
capital
improvements
ordered
soared
million
part
desegregation
plan
district
ordered
salary
assistance
kcmsd
district
initially
ordered
salary
assistance
teachers
within
kcmsd
since
time
however
district
ordered
salary
assistance
three
approximately
kcmsd
employees
total
cost
component
desegregation
remedy
since
million
see
desegregation
expenses
district
desegregation
plan
described
ambitious
expensive
remedial
program
history
school
desegregation
missouri
jenkins
beam
dissenting
denial
rehearing
en
banc
annual
cost
per
pupil
kcmsd
far
exceeds
neighboring
ssd
school
district
missouri
nevertheless
kcmsd
pursued
friendly
adversary
relationship
plaintiffs
continued
propose
ever
expensive
programs
result
desegregation
costs
escalated
approaching
annual
cost
million
massive
expenditures
financed
high
schools
every
classroom
air
conditioning
alarm
system
microcomputers
planetarium
green
houses
vivariums
farm
meeting
room
people
model
nations
wired
language
translation
broadcast
capable
radio
television
studios
editing
animation
lab
temperature
controlled
art
gallery
movie
editing
screening
rooms
diesel
mechanics
room
elementary
school
animal
rooms
use
zoo
project
swimming
pools
numerous
facilities
jenkins
ii
kennedy
concurring
part
concurring
judgment
missouri
jenkins
ii
background
turn
present
controversy
first
state
challenged
district
requirement
fund
salary
increases
kcmsd
instructional
noninstructional
staff
district
order
june
district
order
june
district
order
july
state
claimed
funding
salaries
beyond
scope
district
remedial
authority
second
state
challenged
district
order
requiring
continue
fund
remedial
quality
education
programs
school
year
district
order
june
state
contended
freeman
pitts
achieved
partial
unitary
status
respect
quality
education
programs
already
place
result
state
argued
district
relieved
responsibility
funding
programs
district
rejected
state
arguments
first
determined
salary
increases
warranted
igh
quality
personnel
necessary
implement
specialized
desegregation
programs
intended
improve
educational
opportunities
reduce
racial
isolation
also
ensure
diminution
quality
regular
missouri
jenkins
academic
program
app
pet
cert
internal
citations
omitted
ruling
grounded
remedying
vestiges
segregation
improving
desegregative
attractiveness
kcmsd
district
address
state
freeman
arguments
nevertheless
ordered
state
continue
fund
quality
education
programs
school
year
see
app
pet
cert
appeals
eighth
circuit
affirmed
rejected
state
argument
salary
increases
directly
address
relate
state
constitutional
violation
low
teachers
salaries
id
flow
earlier
constitutional
violations
state
observed
addition
compensating
victims
remedy
case
also
designed
reverse
white
flight
offering
superior
educational
opportunities
ibid
see
also
affirming
district
june
july
orders
appeals
concluded
district
implicitly
rejected
state
freeman
arguments
spite
fact
failed
articulate
even
conclusory
rejection
looked
district
comments
bench
later
orders
illuminate
june
order
appeals
relied
statements
made
district
may
hearing
goal
integrate
kansas
city
missouri
school
district
maximum
degree
possible
matters
elements
used
try
integrate
kansas
city
missouri
schools
goal
integration
goal
high
standard
quality
education
magnet
schools
summer
school
program
missouri
jenkins
programs
tied
goal
time
goal
reached
reached
goal
goal
integrate
kansas
city
missouri
school
district
think
wasting
time
app
emphasis
added
appeals
denied
rehearing
en
banc
five
judges
dissenting
dissent
first
examined
salary
increases
ordered
district
characterized
current
effort
kcmsd
american
federation
teachers
aided
plaintiffs
bypass
collective
bargaining
process
uncalled
probably
exercise
reasonably
related
constitutional
violations
found
dissent
also
agree
tate
logic
id
directly
relate
pay
parking
lot
attendants
trash
haulers
missouri
jenkins
food
handlers
facet
phase
desegregation
plan
constitutional
violations
ibid
second
dissent
believed
evaluating
whether
kcmsd
achieved
partial
unitary
status
quality
education
programs
district
panel
misrea
freeman
create
hurdle
withdrawal
judicial
intervention
public
education
support
law
district
approbation
panel
imbedded
student
achievement
goal
measured
annual
standardized
tests
test
whether
kcmsd
built
educational
system
sufficient
remedy
past
discrimination
constitution
requires
standard
importance
issues
granted
certiorari
consider
following
whether
district
exceeded
constitutional
authority
granted
salary
increases
virtually
instructional
noninstructional
employees
kcmsd
whether
district
properly
relied
upon
fact
student
achievement
test
scores
failed
rise
unspecified
level
declined
find
missouri
jenkins
state
achieved
partial
unitary
status
quality
education
programs
iii
respondents
argue
state
may
longer
challenge
district
remedy
event
propriety
remedy
brief
respondent
kcmsd
et
al
brief
respondent
jenkins
et
al
disagree
counts
jenkins
ii
granted
certiorari
review
manner
district
funded
desegregation
remedy
denied
certiorari
state
challenge
review
scope
remedial
order
resisted
state
efforts
challenge
scope
remedy
cf
kennedy
concurring
part
concurring
judgment
thus
neither
approv
ed
disapprov
ed
appeals
conclusion
district
remedy
proper
however
state
challenged
district
approval
salary
increases
instructional
noninstructional
employees
action
beyond
remedial
authority
pet
cert
analysis
permissible
scope
district
remedial
authority
necessary
proper
determination
whether
order
salary
increases
beyond
district
remedial
authority
see
milliken
thus
issue
subsidiary
ultimate
inquiry
cf
yee
escondido
given
missouri
jenkins
district
basis
salary
order
grounded
improving
desegregative
attractiveness
kcmsd
app
pet
cert
must
consider
propriety
reliance
order
resolve
properly
state
challenge
order
conclude
challenge
scope
district
remedy
fairly
included
question
presented
see
rule
procunier
navarette
since
consideration
issues
essential
analysis
appeals
decision
shall
also
treat
questions
subsidiary
issues
fairly
comprised
question
presented
see
also
mendenhall
opinion
stewart
determination
question
essential
correct
disposition
issues
case
shall
treat
fairly
comprised
questions
presented
petition
certiorari
cf
yee
supra
justice
souter
argues
decision
review
scope
district
remedial
authority
unfair
imprudent
post
claims
factors
failure
grant
certiorari
state
challenge
district
remedial
authority
lulled
respondents
addressing
case
without
sufficient
attention
foundational
issue
lack
attention
infected
decision
post
justice
souter
concludes
decide
issue
without
warning
respondents
post
arguments
incorrect
course
denial
writ
certiorari
imports
expression
opinion
upon
merits
case
bar
told
many
times
carver
fortiori
far
lulling
respondents
false
sense
security
previous
decision
jenkins
missouri
put
respondents
missouri
jenkins
notice
affirmed
validity
district
remedy
least
four
justices
questioned
remedy
kennedy
concurring
part
concurring
judgment
respect
specific
orders
issue
state
challenged
scope
district
remedial
authority
district
aware
fact
see
app
pet
cert
state
claims
approve
desegregation
funding
salaries
funding
beyond
scope
remedial
authority
district
june
order
state
argued
repeatedly
currently
appeal
salary
component
valid
component
desegregation
remedy
district
june
order
appeals
also
understood
state
renewed
challenge
see
state
argues
first
salary
increase
remedy
sought
exceeded
necessary
remedy
constitutional
violations
alternatively
district
lawful
authority
impose
increases
abused
discretion
state
legal
argument
district
denied
salary
increase
funding
contrary
milliken
ii
swann
directly
address
relate
state
constitutional
violation
reject
state
argument
salary
order
contrary
milliken
ii
swann
state
renewed
challenge
petition
certiorari
pet
cert
argued
district
salary
orders
beyond
scope
remedial
authority
brief
petitioners
reply
brief
petitioners
pages
briefing
provided
respondents
argued
state
challenge
scope
district
remedial
missouri
jenkins
authority
fairly
presented
meritless
see
brief
respondent
kcmsd
et
al
brief
respondent
jenkins
et
al
cf
reply
brief
petitioners
espondents
urge
dismiss
writ
improvidently
granted
surprising
respondents
defend
excesses
courts
short
state
challenged
scope
district
remedial
authority
district
appeals
respondents
recognized
case
contrary
justice
souter
arguments
unfairness
imprudence
deciding
issues
passed
upon
properly
us
briefed
parties
turn
questions
presented
almost
years
ago
swann
bd
dealt
authority
district
fashion
remedies
school
district
segregated
law
violation
equal
protection
clause
fourteenth
amendment
although
recognizing
discretion
must
necessarily
adhere
district
fashioning
remedy
also
recognized
limits
remedial
power
limination
racial
discrimination
public
schools
large
task
one
retarded
efforts
achieve
broader
purposes
lying
beyond
jurisdiction
school
authorities
one
vehicle
carry
limited
amount
baggage
serve
important
objective
brown
seek
use
school
desegregation
cases
purposes
beyond
scope
although
desegregation
schools
ultimately
impact
forms
discrimination
missouri
jenkins
three
years
later
milliken
bradley
milliken
ii
articulated
framework
derived
prior
cases
guide
district
courts
exercise
remedial
authority
first
place
like
equitable
remedies
nature
desegregation
remedy
determined
nature
scope
constitutional
violation
swann
board
education
remedy
must
therefore
related
condition
alleged
offend
constitution
milliken
second
decree
must
indeed
remedial
nature
must
designed
nearly
possible
restore
victims
discriminatory
conduct
position
occupied
absence
conduct
third
federal
courts
devising
remedy
must
take
account
interests
state
local
authorities
missouri
jenkins
managing
affairs
consistent
constitution
footnotes
omitted
federal
supervision
local
school
systems
intended
temporary
measure
remedy
past
discrimination
dowell
supra
also
considered
showing
must
made
school
district
operating
desegregation
order
complete
partial
relief
order
freeman
stated
mong
factors
must
inform
sound
discretion
ordering
partial
withdrawal
following
whether
full
satisfactory
compliance
decree
aspects
system
supervision
withdrawn
whether
retention
judicial
control
necessary
practicable
achieve
compliance
decree
facets
school
system
whether
school
district
demonstrated
public
parents
students
disfavored
race
commitment
whole
courts
decree
provisions
law
constitution
missouri
jenkins
predicate
judicial
intervention
first
instance
proper
analysis
district
orders
challenged
must
rest
upon
serving
proper
means
end
restoring
victims
discriminatory
conduct
position
occupied
absence
conduct
eventual
restoration
state
local
authorities
control
school
system
operating
compliance
constitution
turn
analysis
state
argues
order
approving
salary
increases
beyond
district
authority
crafted
serve
interdistrict
goal
spite
fact
constitutional
violation
case
intradistrict
nature
brief
petitioners
nature
desegregation
remedy
determined
nature
scope
constitutional
violation
milliken
ii
supra
pasadena
city
bd
ed
spangler
limits
beyond
may
go
seeking
dismantle
dual
school
system
proper
response
intradistrict
violation
intradistrict
remedy
see
milliken
milliken
ii
supra
serves
eliminate
racial
identity
schools
within
effected
school
district
eliminating
far
practicable
vestiges
de
jure
segregation
facets
operations
see
dowell
supra
see
also
swann
green
supra
missouri
jenkins
district
found
appeals
affirmed
case
involved
interdistrict
constitutional
violation
support
interdistrict
relief
jenkins
ii
district
also
found
none
alleged
discriminatory
actions
resulted
lingering
interdistrict
effects
dismissed
suburban
school
districts
denied
interdistrict
relief
kennedy
concurring
part
concurring
judgment
interdistrict
constitutional
violation
support
mandatory
interdistrict
relief
thus
proper
response
district
eliminate
extent
practicable
vestiges
prior
de
jure
segregation
within
kcmsd
reduction
student
achievement
existence
racially
identifiable
schools
population
black
students
district
appeals
however
felt
kcmsd
enrollment
remained
black
purely
intradistrict
remedy
insufficient
jenkins
missouri
oluntary
interdistrict
remedies
may
used
make
meaningful
integration
missouri
jenkins
possible
predominantly
minority
district
noted
milliken
supra
rejected
suggestion
schools
majority
negro
students
desegregated
whatever
racial
makeup
school
district
population
however
neutrally
district
lines
drawn
administered
see
milliken
ii
consistently
held
constitution
violated
racial
imbalance
schools
without
spangler
supra
instead
seeking
remove
racial
identity
various
schools
within
kcmsd
district
set
program
create
school
district
equal
superior
surrounding
ssd
remedy
focused
desegregative
attractiveness
coupled
suburban
comparability
examination
district
reliance
desegregative
attractiveness
suburban
comparability
instructive
ultimate
resolution
issue
purpose
desegregative
attractiveness
remedy
reduction
student
achievement
also
attract
nonminority
students
presently
enrolled
kcmsd
remedy
included
elaborate
program
capital
improvements
course
enrichment
extracurricular
enhancement
simply
formerly
identifiable
black
schools
schools
throughout
district
district
remedial
orders
converted
every
senior
high
school
missouri
jenkins
every
middle
school
elementary
schools
kcmsd
magnet
schools
district
remedial
order
made
kcmsd
magnet
district
previously
approved
intradistrict
desegregation
remedies
involving
magnet
schools
see
milliken
ii
supra
magnet
schools
advantage
encouraging
voluntary
movement
students
within
school
district
pattern
aids
desegregation
voluntary
basis
without
requiring
extensive
busing
redrawing
district
boundary
lines
cf
jenkins
ii
kennedy
concurring
part
concurring
judgment
citing
milliken
ii
supra
component
intradistrict
remedy
magnet
schools
also
attractive
promote
desegregation
limiting
withdrawal
white
student
enrollment
may
result
mandatory
student
reassignment
see
cf
scotland
neck
city
bd
district
remedial
plan
case
however
designed
solely
redistribute
students
within
kcmsd
order
eliminate
racially
identifiable
schools
within
kcmsd
instead
purpose
attract
nonminority
students
outside
kcmsd
schools
interdistrict
goal
beyond
scope
intradistrict
violation
identified
district
effect
district
devised
remedy
accomplish
indirectly
admittedly
lacks
remedial
authority
mandate
directly
interdistrict
transfer
students
ecause
restrictions
remedial
powers
restructuring
operations
local
state
government
entities
mandatory
plan
go
beyond
boundary
lines
kcmsd
goes
far
beyond
nature
extent
constitutional
violation
found
existed
missouri
jenkins
milliken
determined
desegregation
remedy
require
mandatory
interdistrict
reassignment
students
throughout
detroit
metropolitan
area
impermissible
interdistrict
response
intradistrict
violation
identified
case
lower
courts
ordered
interdistrict
remedy
less
comprehensive
solution
metropolitan
area
plan
result
black
school
system
immediately
surrounded
practically
white
suburban
school
systems
overwhelmingly
white
majority
population
total
metropolitan
area
held
district
order
interdistrict
remedy
must
showing
racially
discriminatory
acts
state
local
school
districts
single
school
district
substantial
cause
interdistrict
segregation
record
contain
ed
evidence
de
jure
segregated
conditions
detroit
schools
showing
significant
violation
outlying
school
districts
evidence
interdistrict
violation
effect
reversed
district
grant
interdistrict
relief
ibid
justice
stewart
provided
fifth
vote
wrote
separately
underscore
understanding
decision
describing
requirements
imposing
interdistrict
remedy
justice
stewart
stated
shown
example
state
officials
contributed
separation
races
drawing
redrawing
school
district
lines
transfer
school
units
districts
purposeful
racially
discriminatory
use
state
housing
zoning
laws
decree
calling
transfer
pupils
across
district
lines
restructuring
district
lines
might
well
appropriate
case
however
interdistrict
violation
shown
concurring
opinion
citations
omitted
justice
stewart
concluded
missouri
jenkins
properly
rejected
district
interdistrict
remedy
findings
differing
racial
composition
schools
city
outlying
suburbs
caused
official
activity
sort
meant
milliken
interdistrict
violation
violation
caused
segregation
adjoining
districts
nothing
milliken
suggests
district
case
circumvented
limits
remedial
authority
requiring
state
michigan
constitutional
violator
implement
magnet
program
designed
achieve
interdistrict
transfer
students
held
beyond
remedial
authority
district
done
created
magnet
district
kcmsd
order
serve
interdistrict
goal
attracting
nonminority
students
surrounding
ssd
redistributing
within
kcmsd
district
pursuit
desegregative
attractiveness
beyond
scope
broad
remedial
authority
see
milliken
ii
respondents
argue
district
reliance
upon
desegregative
attractiveness
justified
light
district
statement
segregation
led
white
flight
kcmsd
suburban
districts
app
see
brief
respondent
kcmsd
et
al
brief
respondent
jenkins
et
al
lower
courts
findings
white
flight
missouri
jenkins
inconsistent
internally
inconsistent
typical
supposition
bolstered
record
evidence
white
flight
may
result
desegregation
de
jure
segregation
amicus
curiae
argues
district
finding
de
jure
segregation
kcmsd
caused
white
students
leave
system
inconsistent
district
earlier
conclusion
suburban
districts
nothing
cause
white
flight
therefore
included
mandatory
interdistrict
remedy
brief
amicus
curiae
see
also
post
district
earlier
findings
affirmed
appeals
limited
ontrary
argument
plaintiffs
district
looked
culpability
ssds
scope
order
far
broader
missouri
jenkins
noted
schools
one
district
affected
remedy
must
limited
system
examining
cause
effect
issue
noted
plaintiff
evidence
blurred
cause
effect
careful
delineation
extent
effect
district
thus
dealt
issue
whether
ssds
constitutional
violators
also
whether
significant
interdistrict
segregative
effects
made
specific
findings
negate
current
significant
interdistrict
effects
concluded
requirements
milliken
met
jenkins
missouri
affirming
equally
divided
district
findings
conclusion
interdistrict
violation
interdistrict
effect
en
banc
missouri
jenkins
justice
souter
claims
holding
effectively
overrules
hills
gautreaux
see
also
brief
american
civil
liberties
union
et
al
amici
curiae
gautreaux
federal
department
housing
urban
development
hud
found
participated
along
local
housing
agency
establishing
maintaining
racially
segregated
public
housing
program
appeals
ordered
adoption
comprehensive
metropolitan
area
plan
granted
certiorari
consider
permissibility
light
milliken
relief
discrimination
public
housing
absence
finding
violation
gautreaux
supra
relevant
geographic
area
purposes
plaintiffs
housing
options
chicago
housing
market
chicago
city
limits
concluded
metropolitan
area
remedy
impermissible
matter
law
cf
distinguishing
milliken
part
prior
cases
established
racial
segregation
schools
dealt
terms
established
geographic
administrative
school
system
gautreaux
obligate
district
subjec
hud
measures
going
beyond
geographical
political
boundaries
violation
post
instead
cautioned
holding
interpreted
requiring
metropolitan
area
order
gautreaux
supra
reversed
appellate
factfinding
appeals
mandated
remedy
see
remanded
case
back
missouri
jenkins
district
additional
evidence
consideration
issue
metropolitan
area
relief
decision
today
fully
consistent
gautreaux
district
seeking
remedy
intradistrict
violation
directly
caused
significant
interdistrict
effects
milliken
supra
exceeds
remedial
authority
orders
remedy
interdistrict
purpose
conclusion
follows
directly
milliken
ii
decided
one
year
gautreaux
reaffirmed
bedrock
principle
decrees
exceed
appropriate
limits
aimed
eliminating
condition
violate
constitution
flow
violation
milliken
ii
also
emphasized
federal
courts
devising
remedy
must
take
account
interests
state
local
authorities
managing
affairs
consistent
constitution
gautreaux
however
involved
imposition
remedy
upon
federal
agency
see
thus
raise
federalism
concerns
implicated
federal
issues
remedial
order
state
see
milliken
ii
supra
district
pursuit
desegregative
attractiveness
reconciled
cases
placing
limitations
district
remedial
authority
certainly
theoretically
possible
greater
expenditure
per
pupil
within
kcmsd
likely
unknowable
number
nonminority
students
presently
attending
schools
kcmsd
choose
enroll
schools
reasoning
however
every
increased
expenditure
whether
teachers
noninstructional
employees
books
buildings
make
kcmsd
way
attractive
thereby
perhaps
induce
nonminority
students
enroll
schools
rationale
missouri
jenkins
susceptible
objective
limitation
cf
milliken
ii
remedial
decree
must
designed
nearly
possible
restore
victims
discriminatory
conduct
position
occupied
absence
conduct
case
provides
numerous
examples
demonstrating
limitless
authority
district
operating
rationale
see
app
pet
cert
district
recognized
provide
kcmsd
facilities
opportunities
available
anywhere
else
country
district
repeatedly
requested
district
provide
extravagant
programs
based
hopes
succeed
desegregation
effort
short
desegregative
attractiveness
used
hook
hang
numerous
policy
choices
improving
quality
education
general
within
kcmsd
jenkins
ii
kennedy
concurring
part
concurring
judgment
limits
duration
district
involvement
expenditures
per
pupil
kcmsd
currently
far
exceed
neighboring
ssd
beam
dissenting
denial
rehearing
en
banc
costs
within
ssd
excluding
capital
costs
range
per
pupil
costs
within
kcmsd
excluding
capital
costs
brief
respondent
kcmsd
et
al
arguing
per
pupil
costs
kcmsd
excluding
capital
costs
sixteen
years
litigation
began
district
recognized
kcmsd
yet
offer
viable
method
financing
wonderful
school
system
built
app
pet
cert
cf
milliken
ii
supra
powell
concurring
judgment
th
parties
joined
forces
apparently
purpose
extracting
funds
state
treasury
missouri
jenkins
additional
program
ordered
district
financed
state
increase
desegregative
attractiveness
school
district
makes
kcmsd
dependent
additional
funding
state
turn
greater
kcmsd
dependence
state
funding
greater
reliance
continued
supervision
district
cases
recognize
local
autonomy
school
districts
vital
national
tradition
dayton
supra
district
must
strive
restore
state
local
authorities
control
school
system
operating
compliance
constitution
see
freeman
supra
dowell
district
pursuit
goal
desegregative
attractiveness
results
many
imponderables
far
removed
task
eliminating
racial
identifiability
schools
within
kcmsd
believe
beyond
admittedly
broad
discretion
district
posture
conclude
district
order
salary
increases
grounded
remedying
vestiges
segregation
improving
desegregative
attractiveness
kcmsd
app
pet
cert
simply
far
removed
acceptable
implementation
permissible
means
remedy
previous
legally
mandated
segregation
see
milliken
ii
supra
similar
considerations
lead
us
conclude
district
order
requiring
state
continue
fund
quality
education
programs
student
achievement
levels
still
national
norms
many
grade
levels
sustained
state
seek
declaration
partial
unitary
status
respect
quality
education
programs
reply
brief
petitioners
challenges
requirement
indefinite
funding
quality
education
program
national
norms
met
based
assumption
mandate
significant
missouri
jenkins
educational
improvement
teaching
facilities
may
justified
originally
indefinite
extension
review
respect
needlessly
complicated
district
made
findings
order
approving
continued
funding
quality
education
programs
see
app
pet
cert
although
appeals
later
recognized
determination
partial
unitary
status
requires
careful
factfinding
detailed
articulation
findings
declined
remand
district
instead
attempted
assemble
adequate
record
district
statements
bench
subsequent
orders
one
order
relied
upon
appeals
district
stated
kcmsd
reached
anywhere
close
maximum
potential
district
still
national
norms
many
grade
levels
app
pet
cert
clearly
appropriate
test
applied
deciding
whether
previously
segregated
district
achieved
partially
unitary
status
see
freeman
dowell
basic
task
district
decide
whether
reduction
achievement
minority
students
attributable
prior
de
jure
segregation
remedied
extent
practicable
precedents
state
kcmsd
entitled
rather
precise
statement
obligations
desegregation
decree
although
district
determined
egregation
caused
system
wide
reduction
achievement
schools
kcmsd
never
identified
incremental
effect
segregation
minority
student
achievement
specific
goals
missouri
jenkins
quality
education
programs
cf
dayton
reconsidering
order
district
apply
test
freeman
pitts
supra
district
consider
state
role
respect
quality
education
programs
limited
funding
implementation
programs
parties
agree
improved
achievement
test
scores
necessarily
required
state
achieve
partial
unitary
status
quality
education
programs
district
sharply
limit
dispense
reliance
factor
brief
respondent
kcmsd
et
al
brief
respondent
jenkins
et
al
demographic
changes
independent
de
jure
segregation
affect
racial
composition
student
assignments
freeman
supra
numerous
external
factors
beyond
control
kcmsd
state
affect
minority
student
achievement
long
external
factors
result
segregation
figure
remedial
calculus
see
spangler
swann
insistence
upon
academic
goals
unrelated
effects
legal
segregation
unwarrantably
postpones
day
kcmsd
able
operate
district
also
consider
many
goals
quality
education
plan
already
attained
kcmsd
equipped
facilities
opportunities
available
anywhere
else
country
app
pet
cert
kcmsd
schools
received
aaa
rating
eight
years
ago
present
remedial
programs
place
seven
years
missouri
jenkins
see
beam
dissenting
denial
rehearing
en
banc
may
education
may
economics
rising
tide
lifts
boats
remedial
quality
education
program
tailored
remedy
injuries
suffered
victims
prior
de
jure
segregation
see
milliken
ii
minority
students
kindergarten
grade
kcmsd
always
attended
schools
minority
students
kcmsd
previously
attended
schools
rated
aaa
since
received
remedial
education
programs
period
seven
years
remand
district
must
bear
mind
end
purpose
remedy
violation
extent
practicable
also
restore
state
local
authorities
control
school
system
operating
compliance
constitution
freeman
supra
judgment
appeals
reversed
ordered
footnotes
april
years
litigation
began
district
acknowledged
kcmsd
plaintiffs
barely
addressed
kcmsd
proposes
ultimately
fund
school
system
developed
desegregation
plan
app
pet
cert
context
proposal
extend
funding
program
ten
additional
years
cost
million
district
noted
district
proposals
include
viable
method
financing
programs
whether
federal
order
granting
salary
increases
virtually
every
employee
school
district
including
personnel
part
school
desegregation
remedy
conflicts
applicable
decisions
require
remedial
components
must
directly
address
relate
constitutional
violation
tailored
cure
condition
offends
constitution
pet
cert
see
also
jenkins
missouri
district
september
held
state
defendants
kcmsd
liable
intradistrict
segregation
jenkins
missouri
june
order
district
rejected
claims
interdistrict
violations
jenkins
missouri
case
plaintiffs
made
unsuccessful
claims
state
well
suburban
federal
kansas
defendants
interdistrict
relief
also
made
successful
intradistrict
claims
state
kcmsd
jenkins
missouri
en
banc
argument
kcmsd
officially
sanctioned
suburban
flight
looks
first
kcmsd
violation
district
clearly
found
intradistrict
nature
see
also
green
school
bd
new
kent
county
approving
desegregation
plan
racial
composition
black
white
wright
council
city
emporia
approving
desegregation
plan
racial
composition
black
white
scotland
neck
city
bd
approving
implicitly
desegregation
plan
racial
composition
black
white
prior
missouri
mandated
segregated
schools
black
white
children
jenkins
missouri
supp
wd
mo
immediately
decision
brown
board
education
state
attorney
general
issued
opinion
declaring
provisions
mandated
segregation
unenforceable
school
year
kcmsd
students
black
kcmsd
became
black
school
year
black
school
year
missouri
jenkins
black
school
year
ibid
kcmsd
implemented
desegregation
plan
order
ensure
school
within
kcmsd
minimum
minority
enrollment
overall
enrollment
kcmsd
decreased
time
plan
first
implemented
time
period
white
enrollment
decreased
ibid
compare
supra
jenkins
one
alleged
discriminatory
actions
committed
state
federal
defendants
ha
caused
significant
current
interdistrict
segregation
jenkins
missouri
holdings
bolstered
district
findings
preponderance
black
students
district
due
state
kcmsd
constitutional
violations
caused
white
flight
hearing
liability
issue
case
abundance
evidence
many
residents
kcmsd
left
district
moved
suburbs
district
efforts
integrate
schools
app
see
also
scotland
neck
city
bd
recognizing
implementation
desegregation
remedy
may
result
white
flight
justice
souter
construes
appeals
determination
mean
violations
state
kcmsd
cause
segregation
within
limits
ssd
post
appeals
decided
question
behest
plaintiffs
present
future
kcmsd
students
standing
challenge
segregation
within
confines
ssd
cf
lujan
defenders
wildlife
ergo
appeals
meant
exactly
said
requirements
milliken
met
district
specific
findings
negate
current
significant
interdistrict
effects
jenkins
extent
district
adopted
quality
education
program
goal
desegregative
attractiveness
goal
longer
valid
see
supra
missouri
jenkins
justice
concurring
mere
fact
one
question
must
answered
another
insulate
former
rule
lebron
national
railroad
passenger
corporation
dissenting
slip
op
reject
state
contention
propriety
district
remedy
fairly
included
question
whether
student
achievement
valid
measure
partial
unitary
status
quality
education
program
brief
petitioners
state
however
also
challenges
district
order
setting
salaries
persons
employed
kansas
city
missouri
school
district
kcmsd
order
stated
basis
ruling
grounded
remedying
vestiges
segregation
improving
desegregative
attractiveness
kcmsd
order
improve
desegregative
attractiveness
kcmsd
district
must
hire
retain
high
quality
teachers
administrators
staff
app
pet
cert
question
presented
petition
certiorari
asks
whether
order
comports
cases
requiring
remedies
address
relate
constitutional
violation
tailored
cure
condition
offends
constitution
pet
cert
thus
missouri
jenkins
state
asks
whether
salary
increases
appropriate
means
achieve
district
goal
desegregative
attractiveness
also
whether
goal
legitimately
relates
predicate
constitutional
violation
propriety
desegregative
attractiveness
remedial
purpose
therefore
simply
issue
prior
clearly
presented
question
lebron
supra
slip
issue
presented
question
one
appropriately
necessarily
consider
answering
question
beyond
plain
words
question
presented
state
opening
brief
placed
respondents
notice
argument
fully
state
pages
discussion
devoted
desegregative
attractiveness
suburban
comparability
see
brief
petitioners
focus
come
surprise
every
stage
litigation
notes
ante
state
questioned
whether
salary
increase
order
exceeded
nature
scope
constitutional
violation
disposing
argument
lower
courts
explicitly
relied
need
desegregative
attractiveness
suburban
comparability
see
significant
finding
respect
earlier
funding
order
salary
increases
essential
comply
desegregation
order
high
quality
teachers
administrators
staff
must
hired
improve
desegregative
attractiveness
kcmsd
addition
compensating
victims
remedy
case
also
designed
reverse
white
flight
offering
superior
educational
opportunities
given
state
persistence
specificity
lower
decisions
respondents
ignored
state
arguments
white
flight
desegregative
attractiveness
peril
instead
engaged
arguments
merits
missouri
jenkins
see
brief
respondent
kcmsd
et
al
brief
respondent
jenkins
et
al
perhaps
response
made
artfully
completely
dissenting
justices
like
made
nevertheless
whatever
cause
respondents
supposed
failure
appreciate
really
stake
post
souter
dissenting
certainly
lack
fair
notice
given
notice
unfairness
resolving
issue
unlike
bray
alexandria
women
health
clinic
example
order
decide
particular
question
one
find
complaint
claims
respondents
admitted
resolve
question
presented
ruled
lower
revise
rule
petition
certiorari
brief
opposition
later
briefs
determines
questions
presented
penalize
parties
addressing
issue
specifically
denied
supplemental
briefing
slip
case
one
need
read
opinions
see
question
desegregative
attractiveness
presented
passed
upon
lower
courts
petition
certiorari
see
properly
presented
briefs
see
fully
argued
merits
thought
deciding
question
bray
presented
unfairness
briefed
albeit
sparingly
parties
prior
first
oral
argument
souter
concurring
judgment
part
dissenting
part
slip
hardly
cause
cry
foul
today
transgresses
bounds
orderly
adjudication
resolving
genuine
dispute
properly
presented
decision
merits
resolution
dispute
comports
hills
gautreaux
missouri
jenkins
held
per
se
rule
federal
courts
lack
authority
order
parties
found
violated
constitution
undertake
remedial
efforts
beyond
municipal
boundaries
city
violation
occurred
holding
follows
judgment
milliken
bradley
milliken
interdistrict
remedy
permissible
upon
showing
constitutional
violation
within
one
district
produces
significant
segregative
effect
another
district
per
se
rule
petitioner
urged
upon
gautreaux
erected
arbitrary
mechanical
shield
city
limits
contradicted
holding
milliken
remedies
may
go
beyond
boundaries
constitutional
violator
gautreaux
however
eliminate
requirement
milliken
territorial
transgression
permissible
upon
showing
intradistrict
constitutional
violation
produced
significant
interdistrict
segregative
effects
anything
opinion
repeatedly
affirmed
principle
see
gautreaux
supra
important
purposes
gautreaux
way
contravenes
underlying
principle
scope
desegregation
remedies
even
solely
intradistrict
determined
nature
extent
constitutional
violation
milliken
supra
citing
swann
bd
gautreaux
simply
give
federal
courts
blank
check
impose
unlimited
remedies
upon
constitutional
violator
initial
matter
gautreaux
may
even
concerned
case
interdistrict
relief
least
sense
milliken
school
desegregation
cases
understood
opinion
made
clear
authority
department
housing
urban
development
hud
extends
beyond
chicago
missouri
jenkins
city
limits
see
gautreaux
supra
hud
administrative
practice
treated
chicago
metropolitan
area
undifferentiated
whole
thus
relevant
geographic
area
purposes
respondents
housing
options
chicago
housing
market
chicago
city
limits
ibid
relevant
district
greater
metropolitan
area
drawing
remedial
line
city
limits
arbitrary
mechanical
justice
souter
post
makes
much
hud
phrased
question
presented
whether
appropriate
grant
relief
discrimination
public
housing
absence
finding
violation
gautreaux
supra
hud
obviously
interest
phrasing
question
thus
since
emphasizes
alleged
deviation
milliken
free
reject
hud
characterization
relevant
district
housing
market
area
usually
extends
beyond
city
limits
larger
markets
may
extend
several
adjoining
counties
order
hud
cha
regulating
conduct
greater
metropolitan
area
take
account
hud
expert
determination
area
relevant
respondents
housing
opportunities
thus
wholly
commensurate
nature
extent
constitutional
violation
quoting
milliken
supra
distinction
notwithstanding
dissent
emphasizes
gautreaux
reversed
finding
appeals
either
interdistrict
violation
interdistrict
segregative
effect
missouri
jenkins
may
present
argues
implicit
holding
suggestion
district
lines
may
ignored
even
absent
showing
interdistrict
segregative
effects
post
island
entire
statement
must
read
context
explained
rejected
petitioner
categorical
suggestion
metropolitan
area
relief
case
impermissible
matter
law
appeals
gone
far
way
suggesting
district
consider
metropolitan
area
relief
conditions
milliken
interdistrict
violation
significant
interdistrict
segregative
effects
established
factual
matter
reversed
findings
appellate
order
preserve
district
proper
role
acknowledged
dissent
post
finding
necessary
facts
exercising
discretion
accordingly
indeed
repeated
requirement
significant
segregative
effect
another
district
milliken
supra
held
appeals
unsupported
speculation
falls
far
short
demonstration
required
gautreaux
supra
little
need
overrule
appeals
expressly
factual
matters
indeed
irrelevant
reading
hills
gautreaux
affirmation
deviation
milliken
appeals
adopted
earlier
phase
litigation
milliken
hills
make
clear
may
grant
interdistrict
relief
remedy
constitutional
violation
ssd
suburban
school
district
remedy
interdistrict
effect
ssd
caused
constitutional
violation
kcmsd
jenkins
missouri
en
banc
perhaps
gautreaux
mentioned
briefly
respondents
missouri
jenkins
post
case
may
actually
lend
support
state
argument
absent
gautreaux
dissent
hangs
semantic
distinction
district
mean
intradistrict
violation
apparently
means
today
district
meant
violation
within
kcmsd
led
segregation
outside
school
districts
played
part
violation
mean
violation
produced
effects
sort
beyond
district
post
relevant
inquiry
milliken
gautreaux
however
whether
intradistrict
violation
produced
effects
sort
beyond
district
rather
whether
violation
caused
significant
segregative
effects
across
district
boundaries
milliken
supra
appeals
affirmed
district
initial
remedial
order
specifically
stated
district
dealt
issue
whether
ssds
suburban
school
districts
constitutional
violators
also
whether
significant
interdistrict
segregative
effects
made
specific
findings
negate
current
significant
interdistrict
effects
concluded
requirements
milliken
met
jenkins
missouri
holding
unambiguous
neither
legal
responsibility
causal
effects
kcmsd
racial
segregation
transgressed
boundaries
absent
interdistrict
violation
segregative
effects
milliken
gautreaux
permit
regional
remedial
plan
justice
souter
however
introduce
different
level
ambiguity
arguing
district
took
limited
view
effects
segregative
white
flight
produced
significant
effects
school
districts
form
greatly
increased
numbers
white
students
effects
segregative
beyond
kcmsd
departing
missouri
jenkins
students
absorbed
wholly
unitary
systems
post
even
accurate
characterization
district
findings
little
significance
authority
order
interdistrict
relief
remedy
appropriate
eliminate
interdistrict
segregation
directly
caused
constitutional
violation
milliken
supra
whatever
effects
kcmsd
constitutional
violation
may
ventured
surrounding
districts
effects
justify
interdistrict
relief
segregative
beyond
kcmsd
school
desegregation
remedies
intended
remedies
restore
victims
discriminatory
conduct
position
occupied
absence
conduct
milliken
paradigmatic
case
interdistrict
violation
district
boundaries
drawn
basis
race
regional
remedy
appropriate
ensure
integration
across
district
lines
surrounding
districts
contribute
constitutional
violation
affirmative
acts
intended
segregate
races
districts
arrang
white
students
residing
detroit
district
attend
schools
oakland
macomb
counties
milliken
course
permits
interdistrict
remedies
instances
interdistrict
violations
beyond
interdistrict
remedies
also
proper
constitutional
violation
within
one
district
produces
significant
segregative
effect
another
district
segregative
effect
may
present
predominantly
black
district
accepts
black
children
adjacent
districts
see
perhaps
even
fact
intradistrict
segregation
actually
causes
whites
flee
district
cf
gautreaux
example
avoid
discriminatorily
underfunded
schools
actions
produce
regional
segregation
along
district
lines
missouri
jenkins
cases
purely
intradistrict
violation
caused
significant
interdistrict
segregative
effect
certain
interdistrict
remedies
may
appropriate
however
segregative
effects
district
constitutional
violation
contained
within
district
boundaries
justification
remedy
interdistrict
nature
scope
district
found
kcmsd
students
attended
schools
separated
race
facilities
literally
rotted
jenkins
missouri
supp
wd
mo
district
course
order
restorations
remedies
place
previously
segregated
black
kcmsd
students
par
white
kcmsd
counterparts
district
went
however
ordered
certain
improvements
kcmsd
whole
including
schools
previously
segregated
remedies
may
also
justified
state
argue
point
light
finding
segregation
caused
system
wide
reduction
student
achievement
schools
kcmsd
jenkins
missouri
supp
wd
mo
remedies
obviously
may
benefit
suffer
indeed
may
even
profited
past
segregation
categorical
constitutional
prohibition
enjoying
collateral
incidental
benefits
remedial
plan
designed
restore
victims
discriminatory
conduct
position
occupied
absence
conduct
milliken
supra
thus
restoring
kcmsd
unitary
status
attract
whites
school
district
reversal
white
exodus
legal
consequence
district
case
however
transgressed
constitutional
bounds
remedial
powers
make
desegregative
attractiveness
underlying
goal
remedy
specific
purpose
missouri
jenkins
reversing
trend
white
flight
however
troubling
trend
may
remedying
within
district
authority
directly
caused
constitutional
violation
dissent
attempt
reconcile
different
statements
lower
courts
whether
white
flight
caused
segregation
desegregation
see
ante
post
one
fact
however
uncontroverted
district
found
kcmsd
racially
segregated
constitutional
violation
remedies
flow
case
also
found
neither
interdistrict
violation
significant
interdistrict
segregative
effects
see
jenkins
missouri
ante
whether
white
exodus
resulted
school
district
black
caused
district
remedial
orders
natural
unfortunate
demographic
forces
directly
district
segregative
effects
kcmsd
constitutional
violation
transcend
geographical
boundaries
light
finding
district
order
remedies
seeking
rectify
regional
demographic
trends
go
beyond
nature
scope
constitutional
violation
case
like
school
desegregation
litigation
concerned
elimination
discrimination
inherent
dual
school
systems
myriad
factors
human
existence
cause
discrimination
multitude
ways
racial
religious
ethnic
grounds
swann
bd
myriad
factors
readily
corrected
judicial
intervention
best
addressed
representative
branches
time
recognized
ample
authority
legislatures
possess
combat
racial
injustice
see
wisconsin
mitchell
slip
jones
alfred
mayer
co
missouri
jenkins
katzenbach
morgan
south
carolina
katzenbach
true
legislative
efforts
classify
persons
basis
race
mandated
strict
judicial
scrutiny
ensure
personal
right
equal
protection
laws
infringed
richmond
croson
co
plurality
opinion
true
strict
scrutiny
strict
theory
fatal
fact
fullilove
klutznick
marshall
concurring
judgment
cf
post
thomas
concurring
applying
strict
scrutiny
distinguish
unconstitutional
discrimination
narrowly
tailored
remedial
programs
legislatures
may
enact
compelling
governmental
interest
redressing
effects
past
discrimination
courts
however
different
necessary
restrictions
jurisdiction
authority
contained
article
iii
constitution
limit
judiciary
institutional
capacity
prescribe
palliatives
societal
ills
unfortunate
fact
racial
imbalance
bias
society
however
pervasive
invidious
admit
judicial
intervention
absent
constitutional
violation
thus
even
though
civil
war
amendments
altered
balance
authority
federal
state
legislatures
see
ex
parte
virginia
justice
thomas
cogently
observes
federal
courts
federal
level
either
case
article
iii
courts
constrained
inherent
constitutional
limitations
powers
post
unlike
congress
enjoys
discretion
determining
whether
legislation
needed
secure
guarantees
fourteenth
amendment
croson
quoting
katzenbach
morgan
federal
courts
comparable
license
missouri
jenkins
must
always
observe
limited
judicial
role
indeed
school
desegregation
context
federal
courts
specifically
admonished
take
account
interests
state
local
authorities
managing
affairs
milliken
bradley
milliken
ii
light
intrusion
area
education
historically
sovereign
lopez
slip
op
lay
claim
right
history
expertise
kennedy
concurring
slip
op
case
may
myriad
factors
human
existence
swann
supra
prompted
white
exodus
kcmsd
district
justify
transgression
constitutional
principles
simply
invoking
desegregative
attractiveness
today
discusses
desegregative
attractiveness
insofar
supports
salary
increase
order
review
see
ante
properly
refrains
addressing
propriety
remedies
district
ordered
revised
extended
history
case
remedies
may
also
improper
extent
serve
goals
desegregative
attractiveness
suburban
comparability
hold
today
impermissible
conversely
district
may
able
justify
remedies
without
reliance
goals
questions
rightly
leaves
answered
remand
enough
affirm
principle
nature
desegregation
remedy
determined
nature
scope
constitutional
violation
milliken
ii
supra
reasons
join
opinion
missouri
jenkins
justice
thomas
concurring
never
ceases
amaze
courts
willing
assume
anything
predominantly
black
must
inferior
instead
focusing
remedying
harm
done
black
schoolchildren
injured
segregation
district
sought
convert
kansas
city
missouri
school
district
kcmsd
magnet
district
reverse
white
flight
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join
decision
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kcmsd
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students
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science
research
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missouri
jenkins
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courts
exercise
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equitable
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alleged
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school
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racial
imbalance
establish
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plaintiffs
prove
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schools
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school
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jure
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kcmsd
prior
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found
kcmsd
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schools
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students
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black
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figure
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black
jenkins
missouri
jenkins
missouri
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wd
mo
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achievement
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opportunities
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poverty
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findings
supported
finding
liability
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clear
existence
schools
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practicing
segregation
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swann
bd
pasadena
city
bd
ed
spangler
freeman
pitts
continuing
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isolation
schools
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segregation
ended
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demography
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kcmsd
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certain
schools
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laws
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crow
era
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individuals
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blacks
possible
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private
missouri
jenkins
realtors
bankers
insurers
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district
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alleged
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private
discrimination
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tenuous
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finding
liability
ibid
district
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liability
simple
fact
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intentionally
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school
system
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school
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schools
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student
bodies
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vestiges
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de
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segregation
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kcmsd
obligation
eliminate
later
course
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order
district
added
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wide
reduction
student
achievement
schools
kcmsd
also
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prior
de
jure
segregation
jenkins
missouri
supp
wd
mo
emphasis
deleted
subsequent
order
district
indicated
white
flight
another
vestige
segregated
system
app
order
vestige
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ground
exercise
remedial
authority
must
clearly
traceable
dual
school
system
vestiges
segregation
concern
law
school
case
may
subtle
intangible
nonetheless
must
real
causal
link
de
jure
violation
remedied
freeman
pitts
district
courts
must
confuse
missouri
jenkins
consequences
de
jure
segregation
results
larger
social
forces
private
decisions
simply
always
case
demographic
forces
causing
population
change
bear
real
substantial
relation
de
jure
violation
ibid
accord
scalia
concurring
columbus
bd
ed
penick
rehnquist
dissenting
pasadena
city
bd
ed
spangler
supra
segregation
recedes
farther
past
likely
kinds
continuous
massive
demographic
shifts
freeman
real
source
racial
imbalance
poor
educational
performance
school
district
emphasized
beyond
authority
beyond
practical
ability
federal
courts
try
counteract
social
changes
ibid
district
holds
state
liable
discrimination
almost
years
last
official
state
action
must
show
schools
high
black
populations
low
test
scores
district
judge
make
clear
high
black
enrollments
certain
schools
fairly
traceable
state
missouri
actions
doubt
missouri
maintained
despicable
system
segregation
question
district
conclusion
state
enforced
segregation
actions
lack
thereof
proximately
caused
racial
isolation
predominantly
black
schools
fact
finding
liability
comes
late
day
think
incumbent
upon
district
explain
recent
social
demographic
phenomena
cause
vestiges
district
without
basis
real
finding
intentional
government
action
district
imposition
missouri
jenkins
liability
upon
state
missouri
improperly
rests
upon
theory
racial
imbalances
unconstitutional
indulged
presumption
often
irrebuttable
practice
presently
observed
racial
imbalance
proximately
caused
intentional
state
action
prior
de
jure
era
fordice
thomas
concurring
slip
citing
dayton
bd
ed
brinkman
keyes
school
dist
effect
found
racial
imbalances
constituted
ongoing
constitutional
violation
continued
inflict
harm
black
students
position
appears
rest
upon
idea
school
black
inferior
blacks
succeed
without
benefit
company
whites
district
willingness
adopt
stereotypes
stemmed
misreading
earliest
school
desegregation
case
brown
board
education
brown
noted
several
psychological
sociological
studies
purporting
show
de
jure
segregation
harmed
black
students
generating
feeling
inferiority
seizing
upon
passage
brown
district
asserted
forced
segregation
ruins
attitudes
inherently
unequal
district
suggested
inequality
continues
full
force
even
end
de
jure
segregation
general
attitude
inferiority
among
blacks
produces
low
achievement
ultimately
limits
employment
opportunities
causes
poverty
may
true
poverty
results
low
achievement
regardless
race
undeniable
families
black
district
stipulated
eliminated
vestiges
prior
dual
system
finds
inferior
education
indigenous
missouri
jenkins
dual
school
system
lingering
effects
kcmsd
ibid
citations
omitted
clear
district
misunderstood
meaning
brown
brown
say
racially
missouri
jenkins
isolated
schools
inherently
inferior
harm
identified
tied
purely
de
jure
segregation
de
facto
segregation
indeed
brown
need
rely
upon
psychological
research
order
announce
simple
yet
fundamental
truth
government
discriminate
among
citizens
basis
race
see
mcconnell
originalism
desegregation
decisions
rev
unanimous
opinion
indicated
field
public
education
doctrine
separate
equal
place
separate
educational
facilities
inherently
unequal
brown
heart
interpretation
equal
protection
clause
lies
principle
government
must
treat
citizens
individuals
members
racial
ethnic
religious
groups
reason
must
subject
racial
classifications
strictest
scrutiny
aside
two
decisions
rendered
midst
wartime
see
hirabayashi
korematsu
proven
automatically
fatal
segregation
unconstitutional
might
caused
psychological
feelings
inferiority
public
school
systems
separated
blacks
provided
superior
educational
resources
making
blacks
feel
superior
whites
sent
lesser
schools
violate
fourteenth
amendment
whether
white
students
felt
stigmatized
school
systems
positions
races
reversed
psychological
injury
benefit
irrelevant
question
whether
state
actors
engaged
intentional
discrimination
critical
inquiry
ascertaining
violations
equal
protection
clause
judiciary
fully
competent
make
independent
determinations
concerning
existence
state
action
without
missouri
jenkins
unnecessary
misleading
assistance
social
sciences
regardless
relative
quality
schools
segregation
violated
constitution
state
classified
students
based
race
course
segregation
additionally
harmed
black
students
relegating
schools
substandard
facilities
resources
neutral
policies
local
school
assignments
offend
constitution
individual
private
choices
concerning
work
residence
produce
schools
high
black
populations
see
keyes
school
dist
constitution
prevent
individuals
choosing
live
together
work
together
send
children
school
together
long
state
interfere
choices
basis
race
given
desegregation
produced
predicted
leaps
forward
black
educational
achievement
reason
think
black
students
learn
well
surrounded
members
race
integrated
environment
indeed
may
well
true
historically
black
colleges
true
black
middle
high
schools
despite
origins
shameful
history
segregation
institutions
source
pride
blacks
attended
source
hope
black
families
want
benefits
learning
children
fordice
thomas
concurring
slip
distinctive
histories
traditions
slip
black
schools
function
center
symbol
black
communities
provide
examples
independent
black
leadership
success
achievement
thus
even
district
firmer
ground
identifying
link
kcmsd
de
jure
segregation
present
racial
isolation
missouri
jenkins
district
schools
mere
de
facto
segregation
unaccompanied
discriminatory
inequalities
educational
resources
constitute
continuing
harm
end
de
jure
segregation
racial
isolation
harm
segregation
separation
harm
integration
therefore
way
blacks
receive
proper
education
must
something
inferior
blacks
theory
segregation
injures
blacks
blacks
left
achieve
way
thinking
conclusion
result
jurisprudence
based
upon
theory
black
inferiority
misconception
drawn
courts
away
important
goal
desegregation
point
equal
protection
clause
enforce
strict
ensure
blacks
whites
treated
equally
state
without
regard
skin
color
lower
courts
swayed
easy
answers
social
science
accept
findings
assumptions
sociology
psychology
price
constitutional
principle
ii
authorized
district
courts
remedy
past
de
jure
segregation
reassigning
students
order
eliminate
decrease
observed
racial
imbalances
even
present
methods
pupil
assignment
facially
neutral
see
swann
bd
green
school
bd
new
kent
county
district
merely
took
approach
logical
next
step
racial
proportions
goal
schools
must
improve
facilities
attract
white
students
district
racial
balance
restored
right
proportions
thus
fault
problem
correct
today
lies
twisted
theory
racial
missouri
jenkins
injuries
also
approach
remedies
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correct
racial
imbalances
district
unwarranted
focus
psychological
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blacks
racial
imbalances
half
tale
subscribe
theory
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black
inferiority
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approach
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powers
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courts
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measure
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reverse
problems
racial
isolation
low
educational
achievement
proven
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policies
permitted
constitutional
principles
federalism
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powers
stand
way
drive
reform
schools
thus
district
ordered
massive
expenditures
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state
authorities
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authorization
without
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attract
whites
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kcmsd
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kcmsd
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scores
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us
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aggressive
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use
instead
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manner
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see
chambers
nasco
kennedy
dissenting
young
missouri
jenkins
ex
rel
vuitton
et
fils
scalia
concurring
judgment
motivated
worthy
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segregation
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bradley
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white
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milliken
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signaled
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missouri
jenkins
perhaps
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permitted
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admission
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nonracial
basis
brown
board
education
brown
ii
resistance
brown
produced
little
desegregation
time
decided
green
school
board
new
kent
county
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impatience
pace
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effort
part
school
boards
led
us
approve
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us
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missouri
jenkins
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district
case
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increase
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property
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kcmsd
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property
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principles
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district
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kcmsd
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state
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kcmsd
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missouri
jenkins
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equitable
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federal
courts
used
structural
injunctions
known
supervise
nation
schools
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see
hutto
finney
mental
hospitals
thomas
flaherty
cert
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gautreaux
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horowitz
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tenure
federalist
cooke
ed
nonetheless
hamilton
argued
blackstone
describing
english
equity
courts
rules
established
practices
limit
control
judicial
power
avoid
arbitrary
discretion
courts
indispensable
bound
strict
rules
precedents
serve
define
point
duty
every
particular
case
comes
cf
story
commentaries
equity
jurisprudence
pp
redfield
ed
hamilton
emphasized
great
primary
use
equity
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extraordinary
cases
principles
relief
missouri
jenkins
governed
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response
concerns
equity
permit
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judges
unchecked
discretion
hamilton
explicitly
relied
upon
precise
nature
equity
system
prevailed
england
transplanted
america
equity
jurisdiction
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hamilton
argued
litigation
individuals
often
contain
claims
fraud
accident
trust
hardship
render
matter
object
equitable
rather
legal
jurisdiction
cases
hamilton
concluded
foreigners
concerned
either
side
impossible
federal
judicatories
justice
without
equitable
well
legal
jurisdiction
thus
hamilton
sought
narrow
expansive
reading
inherent
judicial
equity
power
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defined
nature
english
colonial
equity
system
specified
claims
remedies
continue
exist
federal
judiciary
line
prevailing
understanding
equity
time
hamilton
described
article
iii
equity
jurisdiction
certain
types
cases
rather
broad
remedial
power
hamilton
merely
repeated
principle
equity
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less
rules
practices
common
law
light
historical
evidence
come
surprise
early
record
exercise
broad
remedial
powers
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structural
injunctions
issued
federal
courts
examples
continuing
judicial
supervision
management
governmental
institutions
exercises
judicial
power
appeared
violate
principles
state
sovereignty
separation
powers
late
day
turn
century
born
desegregation
litigation
missouri
jenkins
suits
affirmative
injunctions
virtually
unknown
decided
ex
parte
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dwyer
pendent
jurisdiction
eleventh
amendment
cal
rev
footnotes
omitted
indeed
appears
framers
continued
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english
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practice
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ratification
see
robinson
campbell
wheat
least
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federalists
public
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ratification
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equity
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exercise
power
impose
equitable
remedies
sparingly
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clear
rules
guiding
use
two
clear
restraints
use
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power
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powers
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form
government
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courts
pause
using
inherent
equitable
powers
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sphere
long
recognized
education
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local
authorities
ocal
autonomy
school
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dayton
bd
ed
brinkman
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lopez
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kennedy
concurring
milliken
san
antonio
independent
school
dist
rodriguez
ante
concurring
structural
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decree
eviscerates
state
discretionary
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program
budgets
forces
state
officials
reallocate
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resources
funds
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plan
expense
citizens
government
programs
institutions
represented
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dwyer
supra
district
courts
seize
complete
control
schools
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state
local
governments
one
important
missouri
jenkins
governmental
responsibilities
thus
deny
existence
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governmental
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courts
possess
capabilities
state
local
governments
addressing
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educational
problems
state
local
school
officials
bear
responsibility
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judge
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curricular
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choices
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district
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constitution
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wright
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city
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dissenting
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render
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decree
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resources
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compliance
seek
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public
support
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see
generally
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policy
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branch
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jenkins
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power
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government
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level
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article
iii
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alexander
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limited
authority
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courts
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law
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judgment
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pleasure
legislative
body
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judges
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local
tasks
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mishkin
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reformers
lee
rev
perhaps
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broad
equitable
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law
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believe
must
impose
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guidelines
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equitable
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restore
predictability
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reduce
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remedies
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orders
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whether
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milliken
ii
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district
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district
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mentioned
brown
ii
temporary
measure
overcome
local
resistance
desegregation
uring
period
transition
courts
retain
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concept
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judicial
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district
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revise
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parties
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iii
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fuller
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harv
rev
much
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missouri
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isolation
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district
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decree
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still
provide
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courts
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remedy
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courts
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power
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overstep
boundaries
article
iii
powers
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district
courts
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authority
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branches
coordinate
duty
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authority
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cure
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course
missouri
jenkins
initial
important
aspect
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eliminate
invidious
racial
distinctions
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student
assignments
transportation
staff
resource
allocation
activities
element
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decrees
fairly
straightforward
produced
many
examples
overreaching
district
courts
compensatory
ingredient
many
desegregation
plans
produced
many
difficulties
case
us
found
segregation
caused
system
wide
reduction
student
achievement
schools
kcmsd
district
ordered
series
magnet
school
plans
educational
programs
capital
improvements
criticizes
today
interdistrict
nature
ordering
programs
district
exceeded
authority
benefitting
victims
discriminatory
conduct
kcmsd
whole
may
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achievement
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raising
test
scores
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victims
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position
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discrimination
school
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race
school
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race
goes
without
saying
individuals
suffer
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individuals
receive
remedy
course
district
may
see
fit
order
necessary
remedies
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effect
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victims
segregation
order
broad
remedies
indiscriminately
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school
district
whole
rather
individual
students
suffered
discrimination
remedies
tend
indicate
efforts
achieve
broader
purposes
lying
beyond
scope
violation
swann
also
force
missouri
jenkins
state
local
governments
work
toward
benefit
suffered
harm
actions
ensure
district
courts
embark
broad
initiatives
future
demand
remedial
decrees
precisely
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victims
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remedies
discrimination
must
serve
compelling
governmental
interest
met
desegregation
cases
also
must
narrowly
tailored
interest
see
richmond
croson
plurality
opinion
absence
special
circumstances
remedy
de
jure
segregation
ordinarily
include
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programs
students
school
even
alive
period
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although
doubt
kcmsd
students
benefit
many
initiatives
ordered
democratically
accountable
state
local
officials
decide
whether
made
available
even
never
harmed
segregation
iii
missouri
jenkins
even
segregation
present
must
remember
deserving
end
justify
possible
means
desire
reform
school
district
institution
captivate
judiciary
forgets
constitutionally
mandated
role
usurpation
traditionally
local
control
education
takes
judiciary
beyond
proper
sphere
also
deprives
elected
officials
constitutional
powers
point
must
recognize
judiciary
omniscient
problems
require
remedy
constitutional
proportions
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low
achievement
levels
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properly
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actions
part
state
kcmsd
district
simply
found
kcmsd
test
scores
national
norms
reading
mathematics
without
statistics
meaningless
studies
cited
brown
received
harsh
criticism
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yudof
school
desegregation
legal
realism
reasoned
elaboration
social
science
research
contemp
probs
autumn
graglia
disaster
decree
decisions
race
schools
moreover
simply
conclusive
evidence
desegregation
either
sparked
permanent
jump
achievement
scores
black
children
remedied
psychological
feelings
inferiority
black
schoolchildren
might
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bradley
bradley
academic
achievement
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students
desegregated
schools
rev
educational
research
john
school
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outcomes
children
epps
impact
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aspirations
aspects
personality
contemp
probs
spring
contra
crain
mahard
desegregation
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achievement
review
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contemp
probs
summer
crain
mahard
effect
research
methodology
studies
sociology
although
gap
black
white
test
scores
narrowed
past
two
decades
appears
resulted
gains
socioeconomic
status
black
families
desegregation
see
armor
black
educational
achievement
rising
public
interest
summer
blackstone
wrote
set
great
eminent
lawyers
degrees
erected
system
relief
administered
equity
regular
science
attained
without
study
experience
science
law
understood
may
known
remedy
suitor
entitled
expect
mode
suit
readily
much
precision
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law
blackstone
federal
farmer
particularly
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law
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courts
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general
powers
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step
shoes
missouri
jenkins
equity
give
judgment
reason
opinion
may
dictate
precedents
country
yet
regulate
divisions
equity
great
britain
equity
therefore
many
years
mere
discretion
federal
farmer
october
storing
system
writer
concluded
spark
freedom
found
ibid
certain
aspects
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plan
example
compensatory
educational
programs
orders
state
pay
half
costs
come
perilously
close
abrogating
state
eleventh
amendment
immunity
federal
money
damage
awards
see
edelman
jordan
federal
remedial
power
may
include
retroactive
award
requires
payment
funds
state
treasury
although
held
milliken
ii
remedies
run
afoul
eleventh
amendment
difficult
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constitute
purely
prospective
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rather
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see
bator
meltzer
mishkin
shapiro
hart
wechsler
federal
courts
federal
system
ed
course
state
treasury
inevitably
must
fund
state
compliance
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relief
see
edelman
supra
require
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supply
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orders
compensatory
purpose
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district
set
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racial
balance
kcmsd
schools
raise
test
scores
school
districts
whole
order
achieve
goal
ordered
quality
education
programs
address
system
wide
reduction
student
achievement
caused
segregation
even
though
never
specified
extent
dual
system
actually
done
state
spent
million
kcmsd
achieved
aaa
rating
see
ante
district
decided
even
measures
needed
ordered
massive
magnet
school
capital
improvement
plan
attract
whites
kcmsd
app
district
missouri
jenkins
decided
kcmsd
needed
better
instructional
staff
ordered
new
hiring
ante
district
found
kcmsd
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attracting
faculty
staff
ordered
round
salary
increases
virtually
employees
ante
every
year
district
holds
proceeding
review
budget
proposals
educational
policies
kcmsd
formed
desegregation
monitoring
committee
assess
implementation
decrees
one
need
review
district
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remedial
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comprehend
level
detail
made
decisions
concerning
construction
facilities
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policy
supp
see
also
jenkins
kennedy
concurring
part
concurring
judgment
missouri
jenkins
justice
souter
justice
stevens
justice
ginsburg
justice
breyer
join
dissenting
process
orderly
adjudication
broken
case
disposes
challenges
two
district
many
discrete
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orders
declaring
district
erroneously
provided
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remedy
intradistrict
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resolves
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accept
review
case
need
reach
order
answer
questions
accept
review
specifically
refused
consider
presented
prior
petition
certiorari
since
circumstances
respondent
school
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pupils
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came
without
expecting
fundamental
premise
portion
district
remedial
order
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focus
case
essence
misjudgment
reviewing
repudiating
central
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lies
failure
warned
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stake
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respondents
addressing
case
without
sufficient
attention
foundational
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lack
attention
infected
decision
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benefit
briefing
missouri
jenkins
argument
informed
appreciation
potential
breadth
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deficiencies
suffer
led
effectively
overrule
unanimous
constitutional
precedent
years
standing
even
addressed
argument
mentioned
merely
passing
one
parties
discussed
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misleading
way
departures
practices
produce
informed
adjudication
call
dissent
even
simple
case
one
trial
history
years
litigation
failure
provide
adequate
notice
issue
decided
limit
decision
issues
certiorari
clearly
granted
rules
confidence
today
result
sound
either
fact
law
years
decision
brown
board
education
district
found
state
missouri
kansas
city
missouri
school
district
kcmsd
failed
reform
segregated
scheme
public
school
education
kcmsd
previously
mandated
state
required
black
white
children
taught
separately
according
race
jenkins
missouri
supp
wd
mo
missouri
jenkins
brown
neither
state
kcmsd
moved
dismantle
system
separate
education
root
branch
despite
affirmative
obligation
constitution
green
school
bd
new
kent
county
instead
kcmsd
chose
operate
completely
segregated
schools
integrated
ones
jenkins
using
devices
like
optional
attendance
zones
liberal
transfer
policies
allo
attendance
patterns
continue
segregated
basis
consequently
anniversary
brown
schools
kcmsd
student
bodies
percent
black
percent
black
schoolchildren
kcmsd
attended
schools
ten
years
later
school
year
schools
remained
racially
isolated
percent
black
enrollment
state
kcmsd
intentionally
created
segregated
system
education
subsequently
failed
correct
district
concluded
state
district
defaulted
obligation
uphold
constitution
neither
state
kcmsd
appealed
finding
liability
district
entered
series
remedial
orders
aimed
eliminating
vestiges
segregation
since
district
found
segregation
caused
among
things
system
wide
reduction
student
achievement
schools
kcmsd
jenkins
missouri
supp
wd
mo
emphasis
original
ordered
adoption
starting
series
remedial
programs
raise
educational
performance
missouri
jenkins
recognizes
district
acted
well
within
bounds
equitable
discretion
ante
milliken
bradley
milliken
ii
held
district
authorized
remedy
conditions
flowing
directly
constitutional
violations
committed
state
local
officials
including
educational
deficits
result
segregated
school
system
programs
aimed
correct
deficits
therefore
frequently
referred
milliken
ii
programs
objection
district
orders
state
kcmsd
agreed
appropriate
include
number
properly
targeted
educational
programs
desegregation
plan
jenkins
quoting
state
desegregation
proposal
endorsed
many
initiatives
directed
improving
student
achievement
district
ultimately
incorporated
decree
including
calling
attainment
aaa
status
kcmsd
designation
conferred
state
department
elementary
secondary
education
upon
consideration
limited
number
criteria
indicating
school
system
quantitatively
qualitatively
resources
necessary
provide
minimum
basic
education
students
full
day
kindergarten
summer
school
tutoring
school
early
childhood
development
reduction
class
sizes
district
also
ordered
implementation
magnet
school
concept
app
order
extensive
capital
improvements
schools
kcmsd
jenkins
missouri
supp
wd
mo
app
order
jenkins
district
found
magnet
schools
serve
remedy
deficiencies
student
achievement
kcmsd
missouri
jenkins
also
assist
desegregating
district
attracting
white
students
back
school
system
see
app
order
june
ommitment
coupled
quality
planning
sufficient
resources
result
establishment
magnet
schools
attract
enrollment
well
integral
part
improved
student
achievement
see
also
jenkins
missouri
foundation
plans
adopted
idea
improving
kcmsd
system
time
compensate
blacks
education
denied
attract
whites
within
without
kcmsd
formerly
black
schools
district
finding
physical
facilities
kcmsd
literally
rotted
jenkins
similarly
grounded
orders
capital
improvements
related
remedial
objects
improving
student
achievement
desegregating
kcmsd
jenkins
improvement
school
facilities
important
factor
overall
success
desegregation
plan
specifically
school
facility
presents
safety
health
hazards
students
faculty
serves
obstacle
education
well
maintaining
attracting
enrollment
conditions
impede
creation
good
learning
climate
heating
deficiencies
leaking
roofs
reduce
effectiveness
quality
education
components
contained
plan
see
also
jenkins
capital
improvements
required
improve
education
available
victims
segregation
well
attract
whites
schools
final
element
remedy
district
ordered
funding
increases
teachers
salaries
step
towards
raising
level
student
achievement
essential
kcmsd
sufficient
missouri
jenkins
revenues
fund
operating
budget
provide
quality
education
including
high
quality
faculty
jenkins
neither
state
kcmsd
objected
increases
teachers
salaries
element
comprehensive
remedy
cost
item
desegregation
budget
however
state
went
eighth
circuit
broad
challenge
district
remedial
concept
magnet
schools
orders
capital
improvements
though
appeal
salary
order
arguing
district
run
afoul
milliken
bradley
milliken
ordering
interdistrict
remedy
intradistrict
violation
eighth
circuit
rejected
state
position
jenkins
state
petitioned
certiorari
state
petition
presented
two
questions
review
one
challenging
district
authority
order
property
tax
increase
fund
remedial
program
going
legitimacy
magnet
school
concept
foundation
desegregation
plan
purely
intradistrict
violation
courts
ordered
remedies
costing
hundreds
millions
dollars
stated
goals
attracting
students
school
district
making
programs
facilities
comparable
neighboring
districts
questio
presented
whether
federal
remedying
intradistrict
violation
brown
board
education
may
impose
duty
attract
additional
students
school
district
require
improvements
make
district
schools
comparable
surrounding
districts
pet
cert
missouri
jenkins
missouri
jenkins
state
raise
question
returned
petition
certiorari
led
today
decision
instead
state
presented
agreed
review
two
questions
whether
remedial
educational
desegregation
program
providing
greater
educational
opportunities
victims
past
de
jure
segregation
provided
anywhere
else
country
nonetheless
fails
satisfy
fourteenth
amendment
thus
precluding
finding
partial
unitary
status
solely
student
achievement
district
measured
results
standardized
test
scores
risen
unspecified
level
whether
federal
order
granting
salary
increases
virtually
every
employee
school
district
including
personnel
part
school
desegregation
remedy
conflicts
applicable
decisions
require
missouri
jenkins
remedial
components
must
directly
address
relate
constitutional
violation
tailored
cure
condition
offends
constitution
pet
cert
state
go
beyond
discrete
issues
framed
broader
foundational
question
validity
district
magnet
concept
decides
however
reach
question
initiative
sees
bar
course
provision
rule
nly
questions
set
forth
petition
fairly
included
therein
considered
ante
broader
issue
claims
fairly
included
state
salary
question
claim
survive
scrutiny
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rule
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simple
recognizes
held
issue
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comprehended
question
presented
issue
must
resolved
order
answer
question
see
ante
citing
procunier
navarette
mendenhall
end
matter
since
state
concedes
answer
salary
questions
without
addressing
soundness
magnet
element
district
underlying
remedial
scheme
see
brief
petitioners
question
presented
dealt
terms
ignores
concession
patently
correct
reason
take
questions
missouri
jenkins
come
us
assuming
validity
district
basic
remedial
concept
determine
significance
test
scores
assess
salary
orders
relation
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course
understand
necessity
prudential
matters
like
comes
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deny
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judgments
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need
go
beyond
question
originally
accepted
even
arguably
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instead
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presents
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reasons
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discussion
questions
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quite
naturally
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chose
devote
significant
attention
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raised
presumably
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designate
printing
portions
record
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us
respondents
seemingly
gave
thought
bare
possibility
missouri
jenkins
choose
deal
discrete
questions
going
beyond
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underlying
issue
entitled
reject
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serious
one
reason
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expressly
refused
consider
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issue
state
expressly
attempted
raise
deliberate
refusal
entertain
important
issue
reasonable
basis
infer
subsequently
allow
raised
motion
without
saying
advance
giving
notice
party
whose
interests
might
adversely
affected
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point
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foundational
issue
sense
antecedent
specific
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raised
answered
finding
error
element
underlying
remedial
scheme
even
correct
foundational
issue
reached
rule
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question
surely
whether
issue
may
fairly
decided
without
clear
warning
culmination
course
litigation
specifically
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consider
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indication
subsequent
change
mind
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claim
necessity
rings
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considers
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two
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give
notice
parties
intention
reach
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allow
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briefing
argument
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none
simply
decides
issue
without
warning
respondents
doubt
lack
fairness
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displayed
disappear
upon
seeing
two
things
first
readily
questions
presented
answered
terms
without
giving
countenance
state
successful
attempt
smuggl
additional
questions
case
missouri
jenkins
grant
ed
certiorari
izumi
seimitsu
kogyo
kabushiki
kaisha
phillips
slip
quoting
irvine
california
plurality
opinion
jackson
second
decision
go
beyond
questions
address
issue
adequately
briefed
argued
one
set
parties
leads
render
opinion
anchored
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findings
evidence
contained
record
controlling
precedent
squarely
odds
holding
today
ii
test
score
question
comes
us
one
word
play
substance
insists
district
order
june
order
relevant
test
score
question
review
requir
ed
state
continue
fund
quality
education
programs
student
achievement
levels
kcmsd
still
national
norms
many
grade
levels
ante
see
also
ante
order
contains
discussion
student
achievement
levels
kcmsd
comparison
national
norms
fact
explicitly
address
subject
partial
unitary
status
app
pet
cert
reference
test
scores
national
norms
comes
entirely
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subsequent
order
district
dated
apr
review
language
presumably
quoted
us
appeals
opinion
affirming
district
june
order
canvassed
subsequent
orders
mentioned
district
finding
fact
kcmsd
still
national
norms
many
grade
levels
citing
order
apr
app
pet
cert
missouri
jenkins
event
important
none
district
appeals
opinions
orders
requires
certain
level
test
scores
unitary
status
found
indicates
test
scores
thing
standing
state
finding
unitary
status
kcmsd
milliken
ii
programs
indeed
opinion
concurring
denial
rehearing
en
banc
mentioned
although
certainly
probative
governing
law
eighth
circuit
dissenting
opinion
rely
expressly
disavows
dispositive
role
test
scores
dissent
accepts
least
part
state
argument
district
adopted
student
achievement
goal
measured
test
scores
basis
determining
whether
past
discrimination
remedied
deal
student
achievement
quality
education
program
context
relieving
school
district
supervision
test
results
must
considered
test
scores
however
must
one
factor
equation
nothing
opinion
district
opinion
testimony
kcmsd
witnesses
indicates
test
results
criteria
used
denying
state
claim
obligation
quality
education
programs
ended
declaration
unitary
gibson
concurring
denial
rehearing
en
banc
missouri
jenkins
recognizes
showing
state
must
make
freeman
order
get
missouri
jenkins
finding
partial
unitary
status
ante
fails
acknowledge
state
even
try
make
freeman
showing
litigation
leading
district
order
june
district
order
triggered
motion
partial
unitary
status
filed
state
motion
filed
kcmsd
approval
desegregation
plan
school
year
see
app
pet
cert
state
response
motion
suggested
district
enter
finding
partial
unitary
status
district
milliken
ii
component
decree
state
response
kcmsd
motion
approval
desegregation
plan
pp
hereinafter
state
response
state
failed
even
allege
compliance
two
three
prongs
freeman
test
state
claim
implementation
milliken
ii
component
decree
remedied
reduction
student
achievement
kcmsd
extent
practicable
simply
argued
various
milliken
ii
programs
implemented
state
response
accordingly
hearings
held
district
kcmsd
motion
state
expert
witness
testified
various
milliken
ii
programs
implemented
increased
educational
opportunity
district
app
exception
effective
schools
program
said
nothing
effects
programs
student
achievement
fact
admitted
opinion
whether
programs
remedied
extent
practicable
reduction
student
achievement
caused
segregation
kcmsd
stewart
testifying
behalf
state
opinion
whether
educational
deficits
acknowledged
vestiges
prior
segregation
eliminated
missouri
jenkins
extent
practicable
kansas
city
school
district
purpose
testimony
mr
benson
thus
state
failure
meet
even
recognize
burden
freeman
led
appeals
reject
suggestion
make
finding
partial
unitary
status
district
milliken
ii
education
programs
significant
testimony
state
expert
describe
missouri
jenkins
successful
establishment
several
educational
programs
gave
indication
whether
programs
succeeded
improving
student
achievement
evidence
district
respect
degree
progress
elimination
vestiges
past
discrimination
best
start
made
evidence
record
fell
far
short
establishing
vestiges
eliminated
extent
practicable
state
try
prove
demonstrated
good
faith
commitment
whole
decree
district
abuse
discretion
continuing
quality
education
programs
citations
omitted
looking
ahead
indeed
state
believes
entitled
finding
partial
unitary
status
subject
educational
programs
orderly
procedural
course
follow
may
frame
proper
motion
partial
unitary
status
prepare
make
record
sufficient
allow
district
missouri
jenkins
appeals
address
continued
need
efficacy
milliken
ii
programs
development
proper
unitary
status
record
test
scores
undoubtedly
play
role
true
recognizes
parties
case
agree
error
require
students
school
district
attain
national
average
test
score
prerequisite
finding
partial
unitary
status
sorts
causes
independent
vestiges
past
school
segregation
might
stand
way
goal
ante
said
test
scores
clearly
relevant
determining
whether
improvement
programs
cured
deficiency
student
achievement
practicable
extent
district
noted
finding
read
dispositive
requirement
unitary
status
students
scores
shown
trend
improvement
remain
national
norms
app
pet
cert
order
apr
significance
fact
subject
assessment
depending
course
facts
developed
course
unitary
status
proceedings
improvement
less
national
average
might
reasonably
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show
education
programs
good
effect
student
achievement
improvement
expected
hand
test
score
changes
shown
flattened
might
suggest
impracticability
additional
remedial
progress
significance
scores
thus
open
judgment
judgment
likely
sound
unless
informed
record
front
us
admonition
district
sharply
limit
reliance
test
scores
ante
viewed
light
missouri
jenkins
question
properly
us
propriety
district
recent
salary
orders
suggests
otherwise
ante
district
ground
orders
salary
increases
solely
goal
attracting
students
back
kcmsd
start
district
consistently
treated
salary
increases
important
element
remedying
systemwide
reduction
student
achievement
resulting
segregation
kcsmd
noted
question
remedial
goal
expressly
approved
milliken
ii
see
supra
issue
whether
salary
increases
ordered
district
reasonably
related
achieving
goal
keeping
mind
broad
discretion
enjoyed
district
exercising
equitable
powers
district
first
ordered
kcmsd
salary
increases
limited
teachers
basing
decision
need
raise
level
student
achievement
essential
kcmsd
sufficient
revenues
fund
operating
budget
provide
quality
education
including
high
quality
faculty
jenkins
state
raised
objection
district
order
said
nothing
issue
salary
increases
appeal
eighth
circuit
district
order
expired
parties
including
state
agreed
order
increasing
salaries
instructional
noninstructional
personnel
school
year
app
order
july
district
merely
ordered
salaries
kcmsd
maintained
level
following
year
rejecting
state
argument
desegregation
funding
salaries
discontinued
app
pet
cert
order
june
missouri
jenkins
district
ordered
small
salary
increases
instructional
personnel
end
school
year
app
pet
cert
order
june
district
orders
us
difficult
see
district
abused
discretion
either
instance
district
evidence
front
adopting
state
position
discontinuing
desegregation
funding
salary
levels
result
abrupt
drop
levels
resulting
disparity
teacher
pay
district
nationwide
level
increasing
much
percent
mass
exodus
competent
employees
likely
taking
place
faced
evidence
district
found
continued
desegregation
funding
salaries
small
increases
salaries
time
essential
successful
implementation
remedial
scheme
including
elevation
student
achievement
absence
desegregation
funding
salaries
district
able
implement
desegregation
plan
high
quality
personnel
necessary
implement
specialized
desegregation
programs
intended
improve
educational
opportunities
reduce
racial
isolation
also
ensure
diminution
quality
regular
academic
program
question
salary
roll
back
effects
drastically
impair
implementation
desegregation
remedy
salary
roll
back
result
excessive
employee
turnover
decline
quality
missouri
jenkins
commitment
work
inability
kcmsd
achieve
objectives
desegregation
plan
order
june
quoting
jenkins
jenkins
uality
education
programs
magnet
schools
part
remedy
vestiges
segregation
causing
system
wide
reduction
student
achievement
kcmsd
schools
significant
finding
district
respect
earlier
funding
order
salary
increases
essential
comply
desegregation
orders
high
quality
teachers
administrators
staff
must
hired
improve
desegregative
attractiveness
kcmsd
evident
district
substantial
evidence
statistically
significant
reduction
turnover
rates
employees
dramatic
increase
percentage
certified
employees
selecting
kcmsd
salary
increases
significant
decline
number
employees
lost
districts
heard
testimony
average
performance
evaluation
professional
employees
increased
positively
significantly
nothing
exceptionable
lower
courts
findings
relationship
salaries
missouri
jenkins
district
remedial
objectives
certainly
nothing
record
suggests
obvious
error
amounts
increases
ordered
tempting
question
place
salary
increases
administrative
maintenance
personnel
desegregation
order
appeals
addressed
temptation
specifically
affirming
district
finding
personnel
critical
success
desegregation
effort
referring
order
june
app
pet
cert
circumstances
district
whose
schools
plagued
leaking
roofs
defective
lighting
reeking
lavatories
see
jenkins
jenkins
teachers
increases
district
appeals
beyond
reproach
finding
affirming
order
remedy
educational
deficits
flowing
segregation
kcmsd
persons
charged
implementing
remedial
plan
must
qualified
persons
reasonably
attainable
app
pet
cert
indeed
question
district
salary
orders
insofar
relate
objective
raising
level
student
achievement
kcmsd
rather
overlooks
basis
orders
altogether
suggests
district
rested
approval
salary
increases
object
drawing
students
district
schools
missouri
jenkins
ante
rejects
increases
reason
seems
clear
however
district
appeals
viewed
salary
orders
serving
two
complementary
distinct
purposes
extent
district
concludes
remand
salary
orders
justified
reference
quality
education
alone
nothing
opinion
precludes
orders
remaining
effect
iii
fuel
dissent
face
opinion
projects
appealing
pragmatism
seeming
cut
details
many
facts
applying
rule
law
claim
precedential
support
intuitive
sense
error
imposing
interdistrict
remedy
cure
merely
intradistrict
violation
since
district
consistently
described
violation
solely
intradistrict
since
object
magnet
schools
plan
includes
attracting
students
district
districts
result
seems
follow
necessity
logic
arguments
detail
calls
fair
warning
may
carry
great
weight
attractiveness
analysis
disappears
however
soon
recognize
two
things
first
district
mean
intradistrict
violation
apparently
means
today
district
meant
violation
within
missouri
jenkins
kcmsd
led
segregation
outside
school
districts
played
part
violation
mean
violation
produced
effects
sort
beyond
district
indeed
record
indicates
district
understood
violation
produce
effects
spanning
district
borders
leading
greater
segregation
within
kcmsd
reversal
district
sought
accomplish
establishing
magnet
schools
insofar
assumes
fact
least
enough
record
cast
serious
doubt
assumption
second
violates
existing
case
law
even
apparent
view
facts
segregation
violation
within
kcmsd
produced
proven
effects
segregative
otherwise
outside
assuming
true
decision
rule
interdistrict
remedies
intradistrict
violations
applies
case
solely
remedy
meant
produce
missouri
jenkins
effects
outside
district
violation
occurred
flatly
contrary
established
precedent
appears
assume
effects
segregation
wholly
contained
within
kcmsd
based
assumption
argues
remedy
looking
beyond
district
boundaries
forbidden
position
rests
premise
district
appeals
erred
finding
segregation
produced
effects
outside
district
hence
error
treated
reversal
effects
proper
subject
equitable
power
eliminate
remaining
vestiges
old
segregation
far
practicable
shown
trial
eighth
circuit
wrong
facts
however
record
us
factual
assumption
least
questionable
basis
removing
one
major
foundation
desegregation
decree
course
claim
position
say
sure
wrong
like
victim
approach
case
uninformed
warning
foundational
issue
dispositive
sole
point
obvious
sense
correct
wherever
truth
may
ultimately
lie
sure
district
found
appeals
affirmed
ssds
taken
action
contributing
segregation
kcmsd
jenkins
missouri
app
order
june
courts
concluded
constitutional
violations
committed
state
kcmsd
produced
significant
segregative
effects
ssds
operated
unitary
districts
since
shortly
decision
brown
jenkins
app
indeed
missouri
jenkins
basis
findings
district
concluded
dealing
intradistrict
violation
consistently
decision
milliken
refused
consolidate
ssds
kcmsd
jenkins
app
inconsistency
findings
possibility
however
actions
state
kcmsd
produced
significant
effects
outside
kcmsd
led
greater
segregation
within
contrary
district
appeals
concurred
finding
preponderance
black
students
kcmsd
due
state
kcmsd
constitutional
violations
caused
white
flight
existence
segregated
schools
led
white
flight
kcmsd
suburban
districts
private
schools
jenkins
citing
district
order
august
app
egregated
schools
constitutional
violation
ha
led
white
flight
kcmsd
suburban
districts
large
numbers
students
leaving
schools
kansas
city
attending
private
schools
exodus
white
students
led
segregation
within
ssds
run
unitary
fashion
since
time
brown
clearly
represented
effect
spanning
district
borders
one
district
appeals
expressly
attributed
segregation
kcmsd
however
rejects
findings
district
endorsed
appeals
segregation
led
white
flight
kcmsd
expense
another
accepted
norm
appellate
procedure
long
adhered
view
law
rather
correction
errors
factfinding
undertake
review
concurrent
findings
fact
two
courts
missouri
jenkins
absence
obvious
exceptional
showing
error
graver
tank
mfg
linde
air
products
see
also
branti
finkel
referring
settled
practice
accepting
absent
exceptional
circumstances
factual
determinations
district
appeals
concurred
fails
show
exceptional
circumstance
present
however
relies
contradiction
obvious
contradiction
arbitrary
supposition
white
flight
may
result
desegregation
de
jure
segregation
ante
supposition
said
bolstered
district
statement
abundance
evidence
many
residents
kcmsd
left
district
moved
suburbs
district
efforts
integrate
schools
doubtful
contradiction
said
exist
district
findings
one
hand
segregation
caused
white
flight
ssds
appeals
conclusion
district
made
specific
findings
negate
current
significant
interdistrict
effects
ante
quoting
jenkins
impression
contradiction
quickly
disappears
however
appeals
statement
read
context
district
explicitly
recognized
consolidate
school
districts
milliken
must
evidence
constitutional
violation
one
district
produces
significant
segregative
effect
missouri
jenkins
another
district
order
june
district
thus
dealt
issue
whether
ssds
constitutional
violators
also
whether
significant
interdistrict
segregative
effects
see
infra
made
specific
findings
negate
current
significant
interdistrict
effects
ibid
missouri
jenkins
without
contradiction
nothing
justify
rejection
district
finding
segregation
caused
white
flight
supposition
flight
results
integration
segregation
supposition
distinction
rests
untenable
obvious
level
fact
break
chain
causation
linking
effects
desegregation
segregation
desegregation
orders
remedial
plans
without
prior
unconstitutional
segregation
occasion
issuing
adopting
adverse
reaction
desegregation
order
traceable
fact
segregation
subject
remedy
quotes
district
reference
abundant
evidence
integration
caused
flight
suburbs
quotes
nothing
inconsistent
district
findings
segregation
caused
flight
difference
statements
lies
point
district
happened
trace
causal
sequence
unreality
categorical
distinction
illustrated
examples
dispute
district
remedial
plan
placed
effect
schools
unreformed
segregated
system
physically
shambles
missouri
jenkins
kcmsd
facilities
still
numerous
health
safety
hazards
educational
environment
hazards
functional
impairments
appearance
impairments
specific
problems
include
inadequate
lighting
peeling
paint
crumbling
plaster
ceilings
walls
corridors
loose
tiles
torn
floor
coverings
odors
resulting
unventilated
restrooms
rotted
corroded
toilet
fixtures
noisy
classrooms
due
lack
adequate
acoustical
treatment
lack
street
parking
bus
loading
parents
teachers
students
lack
appropriate
space
many
cafeterias
libraries
classrooms
faulty
antiquated
heating
electrical
systems
damaged
inoperable
lockers
inadequate
fire
safety
systems
conditions
paseo
high
school
even
principal
stated
send
child
facility
citations
omitted
another
example
makes
point
brown
white
parents
likely
came
understand
practice
spending
white
schools
missouri
jenkins
black
ones
stopped
point
unwilling
raise
expenditures
match
customary
white
school
level
must
expected
expenditures
white
schools
drop
level
segregated
black
schools
level
see
describing
decline
kcmsd
school
buildings
past
years
thus
believed
white
schools
deteriorate
might
taken
steps
establish
private
white
schools
starting
practice
local
private
education
endured
sense
make
say
example
cause
white
private
education
desegregation
yet
underway
rather
segregation
led
claim
either
possible
explanations
ultimately
turn
correct
claim
head
road
taking
resolving
factual
issues
independently
trial
without
warning
respondents
full
evidentiary
record
bearing
issue
identified
us
point
shaky
grounds
assumes
prior
segregation
later
desegregation
separable
fact
causes
white
flight
flight
plausibly
said
result
desegregation
alone
therefore
matter
fact
intradistrict
segregation
violation
lacked
relevant
consequences
outside
district
required
justify
district
magnet
concept
arguable
plausibility
assumptions
seriously
question
simply
rash
reverse
concurrent
factual
findings
district
appeals
judges
spoke
issue
concluded
segregated
schooling
kcmsd
contributed
exodus
white
students
district
among
judges
familiar
record
missouri
jenkins
litigation
judge
clark
district
three
members
appeals
panel
retained
jurisdiction
case
see
supra
also
five
judges
dissented
denial
rehearing
en
banc
appeals
whose
opinion
majority
hesitate
rely
purposes
hite
flight
private
schools
suburbs
rampant
district
correctly
recognizing
least
part
problem
consequence
de
jure
segregation
previously
practiced
missouri
constitutional
statutory
law
fashioned
remedial
plan
desegregation
kcmsd
beam
dissenting
denial
rehearing
en
banc
substantial
likelihood
proceeds
erroneous
assumptions
fact
must
added
corresponding
errors
law
recently
summed
obligation
correct
condition
de
jure
segregation
saying
duty
former
de
jure
district
take
whatever
steps
might
necessary
convert
unitary
system
racial
discrimination
eliminated
root
branch
freeman
quoting
green
although
fashioning
judicial
remedies
end
left
first
instance
equitable
discretion
district
courts
milliken
established
absolute
limitation
exercise
equitable
authority
ithout
interdistrict
violation
missouri
jenkins
interdistrict
effect
constitutional
wrong
calling
interdistrict
remedy
milliken
proceeds
question
proscription
applies
case
proscription
apply
dealing
interdistrict
remedy
sense
milliken
used
term
milliken
litigation
district
ordered
surrounding
school
districts
consolidated
detroit
school
system
mandatory
busing
started
within
enlarged
district
even
though
found
suburban
districts
acted
violation
constitution
metropolitan
remedy
require
effect
consolidation
independent
school
districts
historically
administered
separate
units
vast
new
super
school
district
imposition
remedial
measures
one
wrongdoing
school
district
termed
interdistrict
remedy
turn
address
first
time
validity
remedy
mandating
interdistrict
consolidation
remedy
condition
segregation
found
exist
one
district
boundaries
separate
autonomous
school
districts
may
set
aside
consolidating
separate
units
remedial
purposes
imposing
remedy
must
first
shown
constitutional
violation
within
one
district
produces
significant
segregative
effect
another
district
missouri
jenkins
approve
remedy
ordered
impose
outlying
districts
shown
committed
constitutional
violation
wholly
impermissible
remedy
based
standard
hinted
brown
ii
holding
nonetheless
reads
milliken
quite
differently
reads
case
categorically
forbidding
imposition
remedy
guilty
district
intended
consequences
neighboring
innocent
district
unless
constitutional
violation
yielded
segregative
effects
innocent
district
see
ante
interdistrict
goal
attracting
nonminority
students
outside
kcmsd
schools
beyond
scope
intradistrict
violation
identified
district
emphasis
deleted
today
decision
therefore
amounts
redefinition
terms
milliken
consequently
substantial
expansion
limitation
permissible
remedies
prior
segregation
prior
law
affected
today
decision
rewritten
milliken
effectively
overruled
subsequent
case
expressly
refusing
constrain
remedial
equity
powers
extent
missouri
jenkins
today
holding
courts
ordering
relief
unconstitutional
segregation
may
appropriate
factual
predicate
exercise
authority
today
eliminates
two
terms
milliken
decided
hills
gautreaux
unanimous
opinion
justice
stewart
district
gautreaux
found
department
housing
urban
development
hud
chicago
housing
authority
cha
maintained
racially
segregated
system
public
housing
within
city
chicago
violation
various
constitutional
statutory
provisions
indication
violation
produced
effects
outside
city
issue
us
whether
remedial
order
federal
trial
might
extend
beyond
chicago
territorial
boundaries
thus
justice
suggests
gautreaux
may
addressed
propriety
remedy
effects
going
beyond
district
constitutional
violation
occurred
ante
suggestion
squared
express
understanding
question
deciding
permissibility
light
milliken
relief
discrimination
public
housing
absence
finding
violation
gautreaux
supra
hud
argued
case
turn
principles
governing
school
desegregation
orders
milliken
district
order
look
beyond
chicago
city
limits
within
limits
constitutional
violation
committed
agreed
hud
principles
milliken
apply
outside
school
desegregation
context
squarely
rejected
restricted
interpretation
principles
view
limited
equitable
authority
remedy
segregation
held
district
missouri
jenkins
may
indeed
subject
governmental
perpetrator
segregative
practices
order
relief
intended
consequences
beyond
perpetrator
subdivision
even
absence
effects
outside
subdivision
long
decree
bind
authorities
governmental
units
free
violations
segregative
effects
milliken
holding
interdistrict
violation
effect
federal
order
crossing
district
boundary
lines
reflected
substantive
impact
consolidation
remedy
separate
independent
school
districts
district
desegregation
order
milliken
held
impermissible
remedy
envisioned
relief
wrongdoer
extending
beyond
city
violation
occurred
contemplated
judicial
decree
restructuring
operation
local
governmental
entities
implicated
constitutional
violation
omitted
missouri
jenkins
face
district
magnet
school
concept
falls
entirely
within
scope
equitable
authority
recognized
gautreaux
gautreaux
fact
cha
hud
authority
operate
outside
limits
city
chicago
meant
order
fund
build
housing
beyond
limits
necessarily
entail
coercion
uninvolved
governmental
units
token
district
sought
consolidate
way
restructure
ssds
indeed
missouri
jenkins
subject
remedial
obligation
district
remedial
measures
go
operation
quality
schools
within
kcmsd
burden
measures
accordingly
falls
two
proven
constitutional
wrongdoers
case
kcmsd
state
insofar
district
ordered
violators
undertake
measures
increase
kcmsd
attractiveness
students
districts
thereby
reverse
flight
attributable
prior
segregative
acts
orders
represent
abuse
discretion
instead
appear
wholly
commensurate
nature
extent
constitutional
violation
quoting
milliken
failure
give
gautreaux
due
points
risks
approach
case
major
peril
addressing
important
complex
question
without
adequate
notice
parties
virtual
certainty
briefing
argument
go
real
point
respondents
reason
suspect
validity
applying
district
remedial
concept
magnet
schools
case
focus
consideration
presumably
devoted
significant
attention
gautreaux
briefing
things
stand
references
case
parties
briefs
two
mere
passing
mentions
jenkins
respondents
state
implying
gautreaux
little
relevance
state
says
gautreaux
evidence
suburban
discrimination
missouri
jenkins
impact
hud
intracity
discrimination
brief
petitioners
statement
however
flatly
odds
justice
stewart
opinion
appeals
surmised
either
interdistrict
violation
interdistrict
segregative
effect
may
present
case
support
provided
either
conclusion
apparent
appeals
mistaken
supposing
record
contains
evidence
suburban
discrimination
justifying
metropolitan
area
relief
appeals
unsupported
speculation
falls
far
short
demonstration
significant
segregative
effect
another
district
discussed
milliken
opinion
gautreaux
missouri
jenkins
misrepresented
state
mentioned
briefly
parties
gautreaux
holding
effectively
overruled
opinion
viewed
correct
assumption
apparent
reason
reverse
decision
represented
judgment
unanimous
seems
reflect
equitable
common
sense
reports
two
decades
reserve
final
judgment
gautreaux
future
time
subject
given
full
hearing
realize
today
decision
may
never
occasion
serious
examination
gautreaux
things
work
way
doubtless
quote
gautreaux
describe
today
opinion
transform
ing
milliken
principled
limitation
exercise
federal
judicial
authority
missouri
jenkins
arbitrary
mechanical
shield
found
engaged
unconstitutional
conduct
respectfully
dissent
related
litigation
schools
louis
eighth
circuit
noted
efore
civil
war
missouri
prohibited
creation
schools
teach
reading
writing
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act
mo
laws
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imposed
constitution
article
ix
reincorporated
missouri
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ix
specifically
provided
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schools
maintained
white
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children
missouri
upheld
constitutionality
article
ix
constitution
article
ix
repealed
liddell
missouri
jenkins
missouri
case
citations
omitted
justice
suggests
saying
something
inconsistent
position
took
bray
alexandria
women
health
clinic
see
ante
claim
rests
misunderstanding
position
case
think
bray
reach
question
whether
respondents
claims
fell
within
prevention
clause
simply
question
briefed
albeit
sparingly
parties
prior
first
oral
argument
ante
rather
said
applicability
prevention
clause
fairly
included
within
questions
presented
especially
restated
respondents
bray
supra
souter
concurring
judgment
part
dissenting
part
slip
thus
question
literally
us
justice
believes
foundational
question
us
second
state
questions
debatable
bray
preceded
prior
litigation
indicating
consider
prevention
clause
issue
whereas
case
preceded
refusal
take
foundational
issue
justice
argues
within
literal
terms
second
question
focusing
salaries
see
infra
obviously
thought
wrong
reject
supplemental
briefing
prevention
clause
rejection
far
cry
refusing
take
issue
claim
anything
unreasonable
salary
increases
merely
district
ordered
whereas
might
otherwise
set
collective
bargaining
matter
appeals
observed
district
replaced
collective
bargaining
kcmsd
union
requests
rather
juridically
pruned
applications
funding
presented
ordering
salary
increases
far
smaller
requested
union
see
app
pet
cert
order
june
even
principal
purpose
magnet
schools
district
found
magnet
schools
assist
remedying
deficiencies
student
achievement
kcmsd
see
supra
moreover
repeatedly
describes
magnet
school
program
looking
beyond
boundaries
district
program
primarily
aimed
drawing
back
white
children
whose
parents
moved
another
district
rather
drawing
back
children
attend
private
schools
living
within
geographical
confines
kcmsd
whose
population
remains
majority
white
jenkins
see
app
order
importantly
believes
proposed
magnet
plan
attractive
draw
students
private
schools
abandoned
avoided
kcmsd
draw
additional
students
suburbs
substantial
impetus
district
remedy
consider
world
beyond
district
boundaries
much
opinion
little
significance
case
justice
also
rests
supposition
see
ante
case
may
myriad
factors
human
existence
prompted
white
exodus
kcmsd
citation
omitted
appeals
decided
question
whether
state
kcmsd
violations
produced
segregative
effects
ssds
respondents
lacked
standing
raise
issue
ante
statement
eludes
explanation
milliken
held
district
may
order
mandatory
interdistrict
reassignment
students
throughout
metropolitan
area
must
first
find
either
multiple
school
districts
participated
unconstitutional
segregation
students
violation
within
single
school
district
produce
significant
segregative
effect
others
see
ante
ante
concurring
see
also
infra
earlier
stages
litigation
jenkins
respondents
sought
mandatory
reassignment
students
throughout
kansas
city
metropolitan
area
district
app
order
june
appeals
jenkins
rejected
relief
grounds
requirements
milliken
satisfied
saying
respondents
lacked
standing
raise
issue
interdistrict
segregative
effects
district
missouri
jenkins
appeals
lacked
authority
reach
issue
even
though
precisely
required
milliken
thus
errs
suggesting
district
sought
indirectly
held
district
directly
milliken
ante
district
attempted
directly
indirectly
impose
remedial
measures
school
districts
innocent
constitutional
violation
free
segregative
effects
justice
thinks
place
undue
emphasis
gautreaux
turning
island
entire
ante
shrunk
dimension
necessary
support
majority
result
according
justice
gautreaux
holds
territorial
transgression
kind
permissible
upon
showing
intradistrict
constitutional
violation
produced
significant
interdistrict
segregative
effects
ante
finds
gautreaux
significant
reversing
appeals
finding
effects
established
record
case
understands
remanded
case
district
understanding
order
relief
going
beyond
city
chicago
boundaries
found
significant
interdistrict
segregative
effects
exist
ante
implausible
reading
justice
correct
gautreaux
reiterated
importance
milliken
requirement
significant
interdistrict
segregative
effects
connection
type
relief
issue
milliken
involving
direct
federal
judicial
interference
local
governmental
entities
shown
violated
constitution
gautreaux
see
generally
language
quoted
demonstrates
made
clear
gautreaux
district
order
relief
going
beyond
boundaries
city
chicago
without
finding
missouri
jenkins
effects
relief
impose
obligation
governmental
units
innocent
constitutional
violation
free
effects
indeed
summarized
holding
conclusion
opinion
made
point
yet
sum
basis
petitioner
claim
metropolitan
area
relief
case
impermissible
matter
law
milliken
decision
contrast
desegregation
order
case
metropolitan
area
relief
order
directed
hud
consolidate
way
restructure
local
governmental
units
justice
ante
ante
seeks
make
much
fact
order
metropolitan
relief
gautreaux
rather
remanded
case
district
recognized
question
relief
order
matter
district
first
instance
nature
scope
remedial
decree
entered
remand
matter
district
exercise
equitable
discretion
affording
parties
opportunity
present
views
nowhere
state
district
order
metropolitan
area
relief
first
make
findings
significant
segregative
effects
extending
beyond
city
chicago
borders
missouri
jenkins
justice
ginsburg
dissenting
join
justice
souter
illuminating
dissent
emphasize
consideration
key
controversy
stresses
present
remedial
programs
place
seven
years
ante
compared
two
centuries
firmly
entrenched
official
discrimination
experience
desegregation
remedies
ordered
district
evanescent
louis
xv
france
issued
code
noir
first
slave
code
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included
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mississippi
valley
historical
association
shambaugh
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missouri
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slave
state
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war
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prohibited
creation
maintenance
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blacks
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shall
keep
teach
school
instruction
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reading
writing
state
act
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laws
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missouri
passed
series
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requiring
separate
public
schools
blacks
see
act
march
mo
laws
missouri
jenkins
missouri
constitution
first
permitted
required
separate
schools
see
mo
const
art
ix
mo
const
art
xi
announced
decision
brown
board
education
missouri
attorney
general
declared
provisions
mandating
segregated
schools
unenforceable
see
jenkins
missouri
supp
wd
mo
statutes
repealed
constitutional
provision
rescinded
ibid
nonetheless
thirty
years
brown
district
found
inferior
education
indigenous
dual
school
system
lingering
effects
kansas
city
missouri
school
district
district
concluded
state
defend
failure
affirmatively
act
eliminate
structure
effects
past
dual
system
basis
restrictive
state
law
ten
years
ago
june
district
issued
first
remedial
order
jenkins
missouri
supp
wd
mo
today
declares
illegitimate
goal
attracting
nonminority
students
kansas
city
missouri
school
district
ante
thus
stops
district
efforts
integrate
school
district
school
year
sorely
need
black
see
also
jenkins
missouri
supp
wd
mo
reporting
physical
facilities
school
district
literally
rotted
given
deep
inglorious
history
segregation
missouri
curtail
desegregation
time
manner
action
swift
soon
cf
app
pet
cert
appeals
noted
approval
district
ordered
school
district
submit
plans
projecting
termination
funding
alternative
intervals
running
april
three
five
seven
ten
years
page