milliken
bradley
argued
march
decided
june
milliken
bradley
milliken
determined
interdistrict
remedy
de
jure
segregation
detroit
school
system
exceeded
constitutional
violation
remanded
case
formulation
decree
district
promptly
ordered
submission
desegregation
plans
limited
detroit
school
system
extensive
hearings
addition
plan
student
assignment
included
decree
educational
components
proposed
detroit
school
board
areas
reading
teacher
training
testing
counseling
determined
components
necessary
carry
desegregation
directed
costs
borne
detroit
school
board
state
appeals
affirmed
district
order
concerning
implementation
cost
sharing
four
educational
components
held
part
desegregation
decree
district
record
warrants
order
compensatory
remedial
educational
programs
schoolchildren
subjected
past
acts
de
jure
segregation
district
acting
substantial
evidence
record
abuse
discretion
approving
remedial
plan
going
beyond
pupil
assignments
adopting
specific
programs
proposed
local
school
authorities
pp
fashioning
effectuating
desegregation
decrees
courts
guided
equitable
principles
brown
board
education
applying
principles
federal
courts
focus
nature
scope
violation
fact
decree
must
remedial
interests
state
local
authorities
managing
affairs
pp
constitutional
violation
found
remedy
exceed
violation
remedy
tailored
cure
condition
offends
constitution
milliken
supra
detroit
de
jure
segregated
school
system
matters
pupil
assignment
must
occasion
addressed
federal
courts
eliminate
effects
prior
segregation
montgomery
county
board
education
federal
courts
years
required
inclusion
remedial
programs
desegregation
plans
record
warrants
remedy
direct
consequences
dual
school
systems
pp
requirement
state
defendants
pay
additional
costs
attributable
four
educational
components
violate
eleventh
amendment
since
district
authorized
provide
prospective
equitable
relief
even
though
relief
requires
expenditure
money
state
edelman
jordan
pp
tenth
amendment
reservation
non
delegated
powers
implicated
federal
judgment
enforcing
express
prohibitions
unlawful
state
conduct
enacted
fourteenth
amendment
principles
federalism
abrogated
decree
burger
delivered
opinion
brennan
stewart
white
marshall
blackmun
rehnquist
stevens
joined
marshall
filed
concurring
opinion
post
powell
filed
opinion
concurring
judgment
post
frank
kelley
attorney
general
michigan
argued
cause
petitioners
briefs
robert
derengoski
solicitor
general
gerald
young
george
mccargar
mary
kay
bottecelli
assistant
attorneys
general
nathaniel
jones
argued
cause
bradley
respondents
brief
paul
dimond
louis
lucas
robert
murphy
william
caldwell
richard
kohn
george
roumell
argued
cause
respondent
detroit
board
education
brief
jane
souris
thomas
hathaway
robert
kane
attorney
general
jeffrey
cooper
justin
blewitt
deputy
attorneys
general
filed
brief
commonwealth
pennsylvania
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
acting
solicitor
general
friedman
assistant
attorney
general
days
deputy
solicitor
general
wallace
brian
landsberg
judith
wolf
herbert
teitelbaum
robert
hermann
vilma
martinez
aspira
america
et
al
john
hill
attorney
general
david
kendall
first
assistant
attorney
general
thomas
choate
special
assistant
attorney
general
filed
brief
state
texas
amicus
curiae
chief
justice
burger
delivered
opinion
granted
certiorari
case
consider
two
questions
concerning
remedial
powers
federal
district
courts
school
desegregation
cases
namely
whether
district
part
desegregation
decree
order
compensatory
remedial
educational
programs
schoolchildren
subjected
past
acts
de
jure
segregation
whether
consistent
eleventh
amendment
federal
require
state
officials
found
responsible
constitutional
violations
bear
part
costs
programs
case
second
time
following
remand
milliken
bradley
milliken
marks
culmination
seven
years
litigation
de
jure
school
segregation
detroit
public
school
system
almost
six
years
litigation
focused
exclusively
appropriate
remedy
correct
official
acts
racial
discrimination
committed
detroit
school
board
state
michigan
challenge
made
state
local
school
board
prior
findings
de
jure
segregation
first
stage
remedy
proceedings
reviewed
milliken
supra
district
reviewing
several
desegregation
plans
concluded
interdistrict
plan
required
achieve
greatest
degree
actual
desegregation
school
grade
classroom
substantially
disproportionate
overall
pupil
racial
composition
ed
quoted
milliken
supra
premises
district
ordered
parties
submit
plans
metropolitan
desegregation
appointed
panel
formulate
desegregation
plan
encompass
desegregation
area
consisting
school
districts
june
divided
appeals
sitting
en
banc
upheld
district
determination
metropolitan
wide
plan
essential
bring
district
described
greatest
degree
actual
desegregation
reversed
holding
order
exceeded
appropriate
limits
federal
equitable
authority
defined
swann
board
education
concluding
matter
substantive
constitutional
right
particular
degree
racial
balance
required
subjecting
school
districts
uninvolved
unaffected
constitutional
violations
remedial
powers
milliken
supra
proceeding
swann
standard
scope
remedy
determined
nature
extent
constitutional
violation
held
record
us
interdistrict
violation
calling
interdistrict
remedy
district
metropolitan
remedy
went
beyond
constitutional
violation
remanded
case
proceedings
leading
prompt
formulation
decree
directed
eliminating
segregation
found
exist
detroit
city
schools
remedy
delayed
since
due
intervening
death
judge
stephen
roth
presided
litigation
outset
case
remand
reassigned
judge
robert
demascio
judge
demascio
promptly
ordered
respondent
bradley
detroit
board
submit
desegregation
plans
limited
detroit
school
system
april
parties
submitted
proposed
plans
respondent
bradley
plan
limited
solely
pupil
reassignment
proposal
called
extensive
transportation
students
achieve
plan
ultimate
goal
assuring
every
school
within
district
reflected
within
percentage
points
racial
ratio
school
district
whole
contrast
respondent
bradley
proposal
detroit
board
plan
provided
sufficient
pupil
reassignment
eliminate
racially
identifiable
white
elementary
schools
ensuring
every
child
spend
least
portion
education
either
neighborhood
elementary
school
neighborhood
junior
senior
high
school
supp
eschewing
racial
ratios
school
board
plan
contemplated
transportation
fewer
students
shorter
distances
respondent
bradley
proposal
addition
student
reassignments
board
plan
called
implementation
remedial
compensatory
programs
referred
record
educational
components
compensatory
programs
proposed
addition
plan
provisions
magnet
schools
vocational
high
schools
included
three
four
components
issue
case
training
teachers
administrators
guidance
counseling
programs
revised
testing
procedures
pursuant
district
direction
state
board
education
april
submitted
critique
detroit
board
desegregation
plan
report
state
board
opined
although
possible
none
thirteen
quality
education
components
essential
correct
constitutional
violation
proposed
programs
nonetheless
deserved
special
consideration
desegregation
setting
particular
relevance
state
board
said
within
context
effectuating
pupil
desegregation
plan
training
guidance
counseling
components
appear
deserve
special
emphasis
record
doc
pp
find
majority
educational
components
included
detroit
board
plan
essential
school
district
undergoing
desegregation
true
delivery
quality
desegregated
educational
services
obligation
school
board
nevertheless
deems
essential
mandate
educational
components
needed
remedy
effects
past
segregation
assure
successful
desegregative
effort
minimize
possibility
resegregation
segregated
setting
many
techniques
deny
equal
protection
black
students
discriminatory
testing
discriminatory
counseling
ibid
system
undergoing
desegregation
teachers
require
orientation
training
desegregation
additionally
find
comprehensive
reading
programs
essential
successful
desegregative
effort
ibid
reading
concluding
educational
component
directly
associated
process
desegregation
reading
district
directed
general
superintendent
detroit
schools
institute
remedial
reading
communications
skills
program
eradicate
effects
past
discrimination
ibid
content
required
program
prescribed
rather
formulation
implementation
program
left
superintendent
committee
selected
training
also
directed
detroit
board
formulate
comprehensive
teacher
training
program
element
essential
system
undergoing
desegregation
district
view
training
program
teachers
administrators
train
professional
instructional
personnel
cope
desegregation
process
detroit
tend
ensure
students
desegregated
system
treated
equally
teachers
administrators
able
virtue
special
training
cope
special
problems
presented
desegregation
thereby
facilitate
detroit
conversion
unitary
system
testing
found
based
record
evidence
negro
children
especially
affected
biased
testing
procedures
district
determined
frequently
minority
students
detroit
adversely
affected
discriminatory
testing
procedures
unless
school
system
tests
administered
way
free
racial
ethnic
cultural
bias
district
concluded
negro
children
detroit
might
thereafter
impeded
educational
growth
accordingly
directed
detroit
board
state
department
education
institute
testing
program
along
lines
proposed
local
school
board
original
desegregation
plan
ibid
counseling
career
guidance
finally
district
addressed
expert
witnesses
described
psychological
pressures
detroit
students
system
undergoing
desegregation
counselors
required
concluded
deal
numerous
problems
tensions
arising
change
detroit
dual
system
concretely
counsel
students
concerning
new
vocational
technical
school
programs
available
plan
cooperation
state
local
officials
nine
months
later
may
district
entered
final
order
emphasizing
careful
order
essential
school
district
undergoing
desegregation
app
pet
cert
ordered
detroit
board
state
defendants
institute
comprehensive
programs
four
educational
components
start
september
school
term
cost
four
programs
concluded
equally
borne
detroit
school
board
state
carry
cost
sharing
directed
local
board
calculate
highest
budget
allocation
prior
year
several
educational
programs
base
excess
cost
attributable
desegregation
plan
paid
equally
two
groups
defendants
responsible
prior
constitutional
violations
detroit
board
state
defendants
appeal
appeals
sixth
circuit
affirmed
district
order
concerning
implementation
cost
sharing
four
educational
components
appeals
expressly
approved
district
findings
necessity
compensatory
programs
finding
clearly
erroneous
contrary
supported
ample
evidence
need
training
educational
staff
development
nondiscriminatory
testing
obvious
former
needed
insure
teachers
administrators
able
work
effectively
desegregated
environment
latter
needed
insure
students
evaluated
unequally
bias
tests
administered
formerly
segregated
schools
agree
district
reading
counseling
programs
essential
effort
combat
effects
segregation
without
reading
counseling
components
black
students
might
deprived
motivation
achievement
levels
desegregation
remedy
designed
accomplish
situation
district
appears
acted
solely
according
notions
good
educational
policy
unrelated
demands
constitution
quoting
keyes
school
dist
denver
cert
denied
district
order
imposes
money
judgment
state
michigan
past
de
jure
segregation
practices
rather
order
directed
toward
state
defendants
part
prospective
plan
comply
constitutional
requirement
eradicate
vestiges
de
jure
segregation
emphasis
supplied
state
defendants
sought
review
challenging
portions
district
comprehensive
remedial
order
dealing
four
educational
components
state
obligation
defray
costs
programs
granted
certiorari
affirm
ii
previously
addressed
directly
question
whether
federal
courts
order
remedial
education
programs
part
school
desegregation
decree
however
general
principles
governing
resolution
issue
well
settled
prior
decisions
first
case
concerning
federal
courts
remedial
powers
eliminating
de
jure
school
segregation
laid
basic
rule
governs
day
fashioning
effectuating
desegregation
decrees
courts
guided
equitable
principles
brown
board
education
brown
ii
application
equitable
principles
held
requires
federal
courts
focus
upon
three
factors
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
managing
affairs
consistent
constitution
brown
ii
squarely
held
chool
authorities
primary
responsibility
elucidating
assessing
solving
problems
emphasis
supplied
however
school
authorities
fail
affirmative
obligations
judicial
authority
may
invoked
swann
supra
invoked
scope
district
equitable
powers
remedy
past
wrongs
broad
breadth
flexibility
inherent
equitable
remedies
ibid
challenging
order
us
petitioners
specifically
question
district
mandated
programs
designed
nearly
practicable
restore
schoolchildren
detroit
position
enjoyed
absent
constitutional
violations
state
local
officials
petitioners
contend
prerogatives
detroit
school
board
abrogated
decree
since
course
detroit
school
board
proposed
incorporation
programs
first
place
petitioners
sole
contention
swann
district
order
exceeds
scope
constitutional
violation
invoking
holding
milliken
petitioners
claim
since
constitutional
violation
found
district
unlawful
segregation
students
basis
race
decree
must
limited
remedying
unlawful
pupil
assignments
contention
misconceives
principle
petitioners
seek
invoke
reject
argument
principle
nature
scope
remedy
determined
violation
means
simply
decrees
must
directly
address
relate
constitutional
violation
inherent
limitation
upon
federal
judicial
authority
decrees
exceed
appropriate
limits
aimed
eliminating
condition
violate
constitution
flow
violation
see
pasadena
bd
education
spangler
imposed
upon
governmental
units
neither
involved
affected
constitutional
violation
milliken
supra
hills
gautreaux
constitutional
violation
found
remedy
exceed
violation
remedy
tailored
cure
condition
offends
constitution
milliken
supra
emphasis
supplied
condition
offending
constitution
detroit
de
jure
segregated
school
system
pervasively
persistently
segregated
district
found
need
educational
components
flowed
directly
constitutional
violations
state
local
officials
specific
educational
remedies
although
normally
left
discretion
elected
school
board
professional
educators
deemed
necessary
restore
victims
discriminatory
conduct
position
enjoyed
terms
education
four
components
provided
nondiscriminatory
manner
school
system
free
pervasive
de
jure
racial
segregation
first
case
invalidating
de
jure
system
unanimous
speaking
chief
justice
warren
held
brown
board
education
brown
separate
educational
facilities
inherently
unequal
montgomery
county
bd
concerned
pupil
assignment
desegregation
faculty
staff
part
process
dismantling
dual
system
speaking
justice
black
focused
reason
judicial
concerns
going
beyond
pupil
assignment
dispute
deals
faculty
staff
desegregation
goal
recognized
important
aspect
basic
task
achieving
public
school
system
wholly
free
racial
discrimination
emphasis
supplied
montgomery
county
therefore
stands
firmly
proposition
matters
pupil
assignment
must
occasion
addressed
federal
courts
eliminate
effects
prior
segregation
similarly
swann
reaffirmed
principle
laid
green
county
school
existing
policy
practice
regard
faculty
staff
transportation
extracurricular
activities
facilities
among
important
indicia
segregated
system
word
discriminatory
student
assignment
policies
manifest
breed
inequalities
built
dual
system
founded
racial
discrimination
federal
courts
need
close
eyes
inequalities
shown
record
flow
longstanding
segregated
system
light
mandate
brown
brown
ii
federal
courts
years
often
required
inclusion
remedial
programs
desegregation
plans
overcome
inequalities
inherent
dual
school
systems
example
district
district
south
carolina
directed
inclusion
remedial
courses
overcome
effects
segregated
system
weaknesses
dual
school
system
may
already
affected
many
children
remiss
duty
desegregation
plan
approved
provide
remedial
education
courses
shall
included
plan
miller
school
district
clarendon
county
supp
defendants
shall
provide
remedial
education
programs
permit
students
attending
previously
attended
segregated
schools
overcome
past
inadequacies
education
jefferson
county
board
education
cert
denied
emphasis
supplied
trial
concluded
school
board
must
establish
remedial
programs
assist
students
previously
attended
schools
students
transfer
formerly
schools
remedial
programs
integral
part
program
compensatory
education
provided
negro
students
long
disadvantaged
inequities
discrimination
inherent
dual
school
system
requirement
school
board
institute
remedial
programs
far
feasible
proper
exercise
discretion
plaquemines
parish
school
bd
emphasis
supplied
pattern
essentially
fifth
circuit
fact
situation
warranted
continued
call
remedial
education
programs
desegregation
plans
texas
stay
denied
sub
nom
edgar
black
chambers
end
approved
plan
texas
required
urriculum
offerings
programs
shall
include
specific
educational
programs
designed
compensate
minority
group
children
unequal
educational
opportunities
resulting
past
present
racial
ethnic
isolation
finally
addition
remedial
programs
circumstances
warranted
include
programs
remedy
deficiencies
particularly
reading
communications
skills
federal
courts
expressly
ordered
special
training
teachers
see
missouri
smith
tammany
parish
school
board
supra
moore
tangipahoa
parish
school
board
supra
altered
even
suspended
testing
programs
employed
school
systems
undergoing
desegregation
see
singleton
jackson
municipal
separate
school
cert
denied
lemon
bossier
parish
school
board
arvizu
waco
independent
school
supp
wd
tex
rev
part
issues
reference
cases
taken
necessarily
approving
holdings
reviewed
however
demonstrate
district
case
us
break
new
ground
approving
school
board
proposed
plan
quite
contrary
acting
abundant
evidence
record
district
approved
remedial
plan
going
beyond
mere
pupil
assignments
expressly
approved
swann
montgomery
county
district
adopting
specific
programs
proposed
local
school
authorities
must
presumed
familiar
problems
needs
system
undergoing
desegregation
course
imply
order
blueprint
cases
school
desegregation
cases
universal
answer
complex
problems
obviously
one
plan
job
every
case
green
record
however
bound
conclude
decree
us
aptly
tailored
remedy
consequences
constitutional
violation
children
thus
educationally
culturally
set
apart
larger
community
inevitably
acquire
habits
speech
conduct
attitudes
reflecting
cultural
isolation
likely
acquire
speech
habits
example
vary
environment
must
ultimately
function
compete
enter
part
community
peculiar
race
setting
affect
children
group
isolated
force
law
mainstream
cf
lau
nichols
pupil
assignment
alone
automatically
remedy
impact
previous
unlawful
educational
isolation
consequences
linger
dealt
independent
measures
short
speech
habits
acquired
segregated
system
vanish
simply
moving
child
desegregated
school
root
condition
shown
record
must
treated
directly
special
training
hands
teachers
prepared
task
district
judge
case
drew
record
consequences
detroit
de
jure
system
conclude
remedies
decreed
exceeded
scope
violations
found
find
reason
believe
broad
flexible
equity
powers
abused
case
established
role
local
school
authorities
maintained
inviolate
remedy
indeed
remedial
order
punish
anyone
impair
jeopardize
educational
system
detroit
district
short
true
principle
laid
brown
ii
fashioning
effectuating
decrees
courts
guided
equitable
principles
traditionally
equity
characterized
practical
flexibility
shaping
remedies
facility
adjusting
reconciling
public
private
needs
cases
call
exercise
traditional
attributes
equity
power
footnotes
omitted
iii
petitioners
also
contend
district
order
even
otherwise
proper
violates
eleventh
amendment
view
requirement
state
defendants
pay
additional
costs
attributable
four
educational
components
practical
effect
indistinguishable
award
money
damages
state
based
upon
asserted
prior
misconduct
state
officials
brief
petitioners
arguing
premise
petitioners
conclude
award
case
barred
holding
edelman
jordan
edelman
involved
suit
money
damages
state
well
prospective
injunctive
relief
suit
brought
individual
claimed
illinois
officials
improperly
withheld
disability
benefit
payments
members
class
applying
traditional
eleventh
amendment
principles
held
suit
barred
extent
suit
sought
award
accrued
monetary
liability
represented
retroactive
payments
emphasis
supplied
conversely
held
suit
proper
extent
sought
payment
state
funds
necessary
consequence
compliance
future
substantive
determination
emphasis
supplied
decree
share
future
costs
educational
components
case
fits
squarely
within
exception
reaffirmed
edelman
exception
genesis
ex
parte
young
permits
federal
courts
enjoin
state
officials
conform
conduct
requirements
federal
law
notwithstanding
direct
substantial
impact
state
treasury
order
challenged
decree
requires
state
officials
held
responsible
unconstitutional
conduct
findings
challenged
eliminate
de
jure
segregated
school
system
precisely
burden
state
officials
set
forth
swann
take
necessary
steps
eliminate
public
schools
vestiges
segregation
educational
components
district
ordered
effect
prospectively
plainly
designed
wipe
continuing
conditions
inequality
produced
inherently
unequal
dual
school
system
long
maintained
detroit
programs
practical
matter
intended
wipe
slate
clean
one
bold
stroke
retroactive
award
money
edelman
rather
nature
antecedent
violation
record
caused
significant
deficiencies
communications
skills
reading
speaking
victims
detroit
de
jure
segregated
system
continue
experience
effects
segregation
future
time
remedial
programs
help
dissipate
continuing
effects
past
misconduct
reading
speech
deficiencies
eliminated
judicial
fiat
require
time
patience
skills
specially
trained
teachers
programs
also
compensatory
nature
change
fact
part
plan
operates
prospectively
bring
delayed
benefits
unitary
school
system
therefore
hold
prospective
relief
barred
eleventh
amendment
finally
merit
petitioners
claims
relief
ordered
violates
tenth
amendment
general
principles
federalism
tenth
amendment
reservation
nondelegated
powers
implicated
judgment
enforcing
express
prohibitions
unlawful
state
conduct
enacted
fourteenth
amendment
cf
fitzpatrick
bitzer
principles
federalism
abrogated
decree
district
neither
attempted
restructure
local
governmental
entities
mandate
particular
method
structure
state
local
financing
cf
san
antonio
school
dist
rodriguez
district
rather
properly
enforced
guarantees
fourteenth
amendment
consistent
prior
holdings
manner
jeopardize
integrity
structure
functions
state
local
government
judgment
appeals
therefore
affirmed
footnotes
separate
opinions
filed
milliken
justice
stewart
concurring
stated
metropolitan
wide
remedy
contemplated
district
error
simple
reason
remedy
commensurate
constitutional
violation
found
dissenting
opinions
filed
justice
douglas
justice
white
justice
marshall
dissenting
opinions
took
position
brief
remedy
appropriate
given
state
undisputed
constitutional
violations
control
local
education
state
authorities
manageability
necessary
administrative
modifications
effectuate
metropolitan
wide
remedy
according
recent
statistical
data
september
students
enrolled
detroit
public
schools
figure
reflected
decrease
students
system
since
school
year
supp
total
student
population
negro
white
remaining
composed
students
ethnic
groups
respondent
bradley
proposed
plan
remand
proceedings
students
required
transportation
detroit
board
plan
however
provided
transportation
students
less
bradley
plan
board
plan
district
found
infirm
impermissible
use
arbitrary
racial
quotas
contemplated
achieving
representation
negro
students
identifiably
white
schools
leaving
untouched
terms
pupil
reassignment
schools
three
detroit
system
eight
regions
three
regions
located
central
city
overwhelmingly
negro
racial
composition
fourth
component
remedial
reading
communications
skills
program
proposed
later
endorsed
bradley
respondents
critique
detroit
board
proposed
plan
see
infra
board
plan
also
called
following
educational
components
relations
parental
involvement
student
rights
responsibilities
accountability
curriculum
design
bilingual
education
multiethnic
curriculum
curricular
activities
addition
state
board
education
state
defendants
include
governor
michigan
attorney
general
state
superintendent
public
instruction
state
treasurer
two
months
later
bradley
respondents
also
submitted
critique
board
plan
criticizing
board
proposed
educational
components
several
grounds
respondents
nonetheless
suggested
remedial
reading
program
particularly
needed
desegregation
plan
see
supra
bradley
respondents
claimed
generally
board
plan
failed
inform
extent
programs
components
school
system
plan
failed
assess
relatedness
particular
component
desegregation
state
defendants
likewise
filed
objections
detroit
board
plan
april
contended
brief
remedy
limited
pupil
reassignment
achieve
desegregation
hence
proposed
inclusion
educational
components
view
excessive
example
charles
kearney
associate
superintendent
research
school
administration
michigan
department
education
gave
following
testimony
state
board
superintendent
indicated
guidance
counselling
appeared
deserve
special
emphasis
desegregation
effort
support
notion
guidance
counselling
effort
think
certainly
relationship
desegregation
effort
think
deserves
special
emphasis
record
tr
see
direct
relationship
testing
desegregation
test
results
inappropriately
used
think
certainly
discriminatory
affect
sic
negative
affect
sic
sure
kind
desegregation
plan
implemented
district
approve
aspects
detroit
board
plan
respect
educational
components
said
plan
submitted
distinguish
components
necessary
successful
implementation
desegregation
plan
emphasis
supplied
contrast
position
district
respect
four
educational
components
issue
state
defendants
state
board
education
voluntarily
entered
stipulation
detroit
board
february
state
agreed
provide
construction
costs
five
vocational
centers
district
ordered
established
app
pet
cert
appeals
disapproved
however
district
failure
include
three
detroit
eight
regions
pupil
assignment
plan
see
supra
appeals
remanded
case
district
consideration
three
omitted
regions
declined
set
forth
guidelines
given
practicabilities
situation
district
benefit
proceedings
deemed
appropriate
however
particularly
since
bradley
respondents
previously
granted
leave
file
second
amended
complaint
allege
interdistrict
violations
part
state
local
defendants
swann
board
education
affirmed
order
district
included
requirement
training
programs
supp
wdnc
however
opinion
treat
precise
point
keyes
school
dist
denver
expressly
avoided
passing
district
holding
called
among
things
compensatory
education
integrated
environment
thus
consistently
held
constitution
violated
racial
imbalance
schools
without
pasadena
bd
education
spangler
milliken
white
dissenting
swann
supra
order
contemplating
substantive
constitutional
right
particular
degree
racial
balance
mixing
therefore
infirm
matter
law
spangler
supra
since
ultimate
objective
remedy
make
whole
victims
unlawful
conduct
federal
courts
authorized
implement
plans
promise
realistically
work
green
county
school
time
carefully
stated
ensure
decrees
characterized
flexibility
sensitivity
required
equitable
decrees
consideration
must
given
burdensome
effects
resulting
decree
either
risk
health
children
significantly
impinge
educational
process
swann
supra
function
stated
justice
white
desegregate
educational
system
races
kept
apart
without
time
losing
sight
central
educational
function
schools
milliken
supra
dissenting
opinion
emphasis
original
word
undoubted
practical
well
legal
limits
remedial
powers
federal
courts
school
desegregation
cases
cf
austin
independent
school
dist
powell
concurring
denying
stay
application
justice
black
untroubled
underlying
order
district
difficult
suspend
order
district
view
endeavor
realize
directive
fourteenth
amendment
decisions
racial
discrimination
public
schools
must
eliminated
root
branch
course
pass
upon
correctness
particular
holdings
cases
review
simply
note
holdings
support
broader
proposition
record
warrants
remedial
programs
may
exercise
equitable
discretion
appropriate
remedies
treat
condition
offends
constitution
course
must
always
shown
constitutional
violation
caused
condition
remedial
programs
mandated
beginning
looked
district
courts
desegregation
cases
familiar
local
situations
coming
appraise
efforts
local
school
authorities
carry
constitutionally
required
duties
proximity
local
conditions
federal
district
courts
originally
heard
cases
best
perform
judicial
appraisal
brown
ii
indeed
district
judge
took
great
pains
devise
workable
plan
minimum
pupil
transportation
example
sought
carefully
eliminate
burdensome
transportation
negro
children
predominantly
negro
schools
prevent
disruption
massive
pupil
reassignment
racially
mixed
schools
stable
neighborhoods
successfully
undergone
residential
educational
change
although
complaint
edelman
ostensibly
sought
equitable
relief
plaintiff
expressly
requested
permanent
injunction
enjoining
defendants
award
entire
class
plaintiffs
disability
benefits
wrongfully
withheld
unlike
award
edelman
injunction
entered
instantaneously
restore
victims
unlawful
conduct
rightful
condition
thus
injunction
looks
future
simply
presently
compensating
victims
conduct
consequences
completed
past
contrast
edelman
money
award
favor
respondent
bradley
members
class
case
simply
involve
individual
citizens
conducting
raid
state
treasury
accrued
monetary
liability
order
wholly
prospective
manner
decree
mandates
vocational
schools
assignments
example
conclusion
reach
either
two
alternative
arguments
support
district
judgment
namely
state
michigan
expressly
waived
eleventh
amendment
immunity
virtue
stat
ann
fourteenth
amendment
ex
proprio
vigore
works
pro
tanto
repeal
eleventh
amendment
cf
fitzpatrick
bitzer
neither
question
addressed
appeals
therefore
pass
either
issue
justice
marshall
concurring
wholeheartedly
join
chief
justice
opinion
brother
powell
opinion
prompts
additional
comments
tragic
case
relevant
respects
way
unique
northern
school
board
found
guilty
intentionally
discriminatory
acts
unfortunately
unusual
academic
development
black
children
impaired
wrongdoing
expected
therefore
program
remediation
necessary
supplement
primary
remedy
pupil
reassignment
inevitable
course
true
justice
powell
notes
detroit
school
board
belatedly
recognized
responsibility
injuries
negroes
suffered
joined
effort
remedy
may
right
although
hope
makes
case
wholly
different
prior
case
post
page
think
worth
noting
legal
issues
different
detroit
school
board
came
side
question
us
still
one
posed
state
remedy
tailored
fit
scope
violation
chief
justice
convincingly
demonstrates
question
answered
affirmative
light
findings
district
supported
abundant
evidence
cf
dayton
board
education
brinkman
post
justice
powell
concurring
judgment
opinion
addresses
case
conventional
desegregation
litigation
opinion
reiterates
familiar
general
principles
drawn
line
precedents
commencing
brown
board
education
including
today
decision
dayton
board
education
brinkman
post
one
read
opinion
closely
understand
case
finally
reaches
us
wholly
different
prior
case
write
emphasize
uniqueness
consequent
limited
precedential
effect
much
opinion
normally
plaintiffs
type
litigation
students
parents
supporting
organizations
desire
desegregate
school
system
alleged
product
whole
part
de
jure
segregative
action
public
school
authorities
principal
defendant
usually
local
board
education
school
board
occasionally
state
board
education
state
officials
joined
defendants
protracted
litigation
commenced
conventional
mold
intervening
years
however
posture
litigation
changed
drastically
leave
largely
friendly
suit
plaintiffs
respondents
bradley
et
al
original
principal
defendant
detroit
school
board
parties
antagonistic
years
joined
forces
apparently
purpose
extracting
funds
state
treasury
original
principal
parties
plaintiffs
detroit
school
board
case
controversy
remains
issues
us
board
enthusiastically
supports
entire
desegregation
decree
even
though
decree
intrudes
deeply
board
decisionmaking
powers
indeed
present
school
board
proposed
educational
components
included
district
decree
plaintiffs
originally
favored
desegregation
plan
required
extensive
transportation
pupils
initially
propose
endorse
educational
components
however
plaintiffs
also
support
decree
district
affirmed
appeals
thus
complaining
party
state
michigan
acting
state
officials
basic
complaint
concerns
money
desegregation
ordered
pay
detroit
school
board
estimated
excess
cost
educational
components
included
desegregation
decree
remedial
reading
training
teachers
testing
counseling
state
understandably
anxious
preserve
state
budget
control
interference
contests
decree
two
grounds
first
argued
order
pay
state
funds
violates
eleventh
amendment
principles
federalism
ordinarily
federal
order
state
pay
unappropriated
funds
locality
raise
gravest
constitutional
issues
see
generally
san
antonio
school
dist
rodriguez
national
league
cities
usery
finding
longer
subject
review
state
adjudged
participant
constitutional
violations
state
therefore
may
ordered
participate
prospectively
remedy
otherwise
appropriate
state
second
argument
one
normally
advanced
vigorously
school
board
relying
established
principle
scope
remedy
desegregation
case
determined
limited
extent
identified
constitutional
violations
dayton
board
education
post
hills
gautreaux
milliken
bradley
austin
independent
school
dist
powell
concurring
state
argues
district
erred
ordering
systemwide
expansion
four
educational
components
mentioned
contends
finding
constitutional
violation
respect
past
operation
programs
insists
without
specifically
focused
findings
sort
decree
exceeded
powers
argument
means
frivolous
one
context
presented
unusual
appropriate
dismiss
writ
improvidently
granted
argument
advanced
state
party
primarily
concerned
educational
programs
issue
standard
widely
approved
public
education
state
board
normally
enthusiastic
enhancement
programs
long
local
school
board
fund
without
requiring
financial
aid
state
equally
evident
state
probably
resist
order
requiring
pay
unappropriated
state
funds
local
school
board
regardless
whether
violations
local
board
justified
remedy
state
interest
protecting
budget
limited
legislative
appropriations
genuine
one
interest
related
except
fortuitously
claim
desegregation
remedy
may
exceeded
extent
violations
state
reliance
remedy
issue
contains
weakness
emphasizing
unusual
character
case
indication
state
objected
certainly
object
inclusion
district
decree
seven
educational
components
see
supra
indeed
state
expressly
agreed
one
expensive
components
establishment
vocational
education
centers
stipulation
obligating
share
cost
construction
equally
detroit
board
see
app
pet
cert
furthermore
district
decree
largely
embodies
original
recommendation
detroit
board
since
local
school
boards
primary
responsibility
elucidating
assessing
solving
problems
generated
ull
implementation
constitutional
principles
local
setting
brown
board
education
state
limited
challenge
particularly
lacking
force
moreover
district
faced
school
district
exceptional
disarray
found
structure
detroit
school
system
chaotic
incapable
effective
administration
app
pet
cert
general
superintendent
little
direct
authority
ibid
eight
regional
boards
may
preoccupied
distribut
ing
local
board
patronage
local
boards
diverted
resources
otherwise
available
educational
purposes
build
new
offices
facilities
house
administrative
overload
ibid
district
continued
addition
administrative
chaos
know
school
system
enmeshed
politics
rather
devoting
educational
system
desegregative
process
board
members
busily
engaged
politics
assure
also
defeat
others
disagree
omitted
given
foregoing
unique
circumstances
seems
proper
disposition
case
dismiss
writ
certiorari
improvidently
granted
chosen
decide
case
join
judgment
result
less
likely
prolong
disruption
education
detroit
reversal
remand
despite
dicta
opinion
issue
decided
district
findings
specific
constitutional
violations
justified
four
remedial
educational
components
included
desegregation
decree
view
least
arguable
findings
respect
generalized
meet
standards
prescribed
see
dayton
board
education
post
majority
views
record
justifying
conclusion
need
educational
components
flowed
directly
constitutional
violations
state
local
officials
ante
view
record
settled
doctrine
requiring
remedy
carefully
tailored
fit
identified
constitutional
violations
reaffirmed
today
result
therefore
concur
judgment
case
reached
plaintiffs
apparently
view
educational
components
necessary
even
important
elements
desegregation
plan
components
included
plans
submitted
plaintiffs
briefs
filed
indications
plaintiffs
viewed
components
wholly
unrelated
desegregation
students
faculty
schools
brief
appeals
filed
addition
four
components
seven
educational
directives
contested
details
set
forth
opinions
decrees
august
november
may
reproduced
full
appendix
petition
certiorari
first
two
opinions
also
published
supp
supp
perhaps
expansive
component
district
order
city
state
boards
create
five
vocational
centers
devoted
occupational
preparation
construction
trades
transportation
health
services
noted
text
infra
compromise
reached
centers
state
entered
stipulation
obligating
share
cost
providing
see
app
pet
cert
educational
components
ordered
district
included
two
new
technical
high
schools
business
education
central
part
curriculum
app
ii
new
curriculum
vocational
education
courses
detroit
schools
including
requirement
additional
grade
added
afford
expanded
educational
opportunities
iii
inclusion
studies
curriculum
request
federal
funds
support
training
teachers
involved
programs
app
pet
cert
iv
uniform
code
conduct
board
ordered
develop
pursuant
guidelines
established
app
pet
cert
specific
plan
curricular
activities
artistic
educational
institutions
area
developed
board
submitted
approval
vi
community
relations
program
prescribed
remarkable
detail
app
pet
cert
instances
ordered
programs
comprehensive
reports
made
one
may
doubt
whether
precedent
federal
exercising
extensive
control
purely
educational
responsibilities
school
board
merits
emphasizing
school
board
invited
assumption
power
indeed
district
complimented
board
willingness
implement
desegregation
order
may
issue
one
point
serious
second
thoughts
brief
appeals
board
expressed
grave
concern
district
assumption
board
powers
school
system
financially
may
district
ordered
equalization
school
facilities
buildings
preparatory
school
term
continuance
comprehensive
construction
renovation
program
implementation
educational
components
summarized
supra
even
without
actual
dollar
figures
financial
impact
orders
easily
destroy
educational
program
detroit
school
system
financing
components
detroit
school
system
mean
concomitant
elimination
existing
programs
virtually
impossible
detroit
board
education
priorities
already
operating
woefully
inadequate
budget
provide
minimal
quality
educational
program
attempt
redistribute
available
resources
cause
deterioration
ongoing
educational
programs
merely
result
robbing
peter
pay
paul
reprinted
appendix
opinion
appeals
emphasis
added
opinion
example
district
expressly
found
two
components
testing
counseling
administered
detroit
schools
infected
discriminatory
bias
segregated
school
system
ante