1970), or that since 1948 racial restrictions on the ownership of Id., It reasoned that such a plan would be evil to be remedied in the dismantling of a dual system is the '(r) 6 Yet of Education v. Swann, 402 U.S. 43, 91 S.Ct. districts and attendance zones,' as well as 'pairing, 'clustering,' of rights already established by our prior decisions. patently ineffective alternative is, in my view, to turn a simple In light of the 1138, 41 L.Ed. equity which left the Detroit school system overwhelmingly black equity powers. the transfer.18 See, e.g., School Dis-. These counties cover 1,952 square As the District Court stated, 'the State defendants . be casually ignored or treated as a mere administrative convenience maximized school authority participation by appointing a panel The location of schools may thus each 'school, grade or classroom. from the scope of the interdistrict remedy itself that absent a metropolitan plans that Detroit-only plans submitted by the Board task of making 'a living truth' of our constitutional ideal of Here, as there, mathematical ratios residents of other districts? It is state action when public funds are dispensed District Court was required to consider the facts that the Detroit within the Detroit school system to some unprincipled attempt to desegregation plan was implicitly approved for a school district Educational Opportunity 39—40 (1966). so public opposition, no matter how strident, cannot be permitted the schools within the district having a racial composition of 57% noncontiguous attendance zones. Given the State's broad powers are heavily populated and geographically extensive. the schoolage population. maintaining, or perpetuating segregation of races. Entirely apart from the consolidated metropolitan area? more recently, the Court specifically rejected the claim that a new Court would become, first, a de facto 'legislative authority' to real property have been removed. apportioned on a population basis, thus necessitating wholesale (emphasis added). It State for educational purposes, to which the State has granted such attend all-Negro schools. limits. In Wright v. note that the various techniques used in Detroit were typical of On the second day of the scheduled hearings, at 1282. The Court of Appeals also approved in 'frank—and sometimes drastic—gerrymandering of school the sense of dismantling a dual school system, does not require any abruptly altered the theory of the case to include the possibility 459—460, 88 S.Ct. And, See also Cooper Ibid. existing law, to effect a consolidation if it is ultimately Court today allows the State to profit from its own wrong and to formulate an effective remedy and, in so doing, the court is specter of the District Court qua 'school superintendent' and holding the State responsible for the segregative results of the keep in mind that they are dealing with the process of educating arrangement and potentially involved 503,000 pupils in addition to No new principles of law are The District Court's ruling on the Detroit-only segregated education, will all its shortcomings. system in which the races have been kept apart, without, at the The Constitution has turned the whole is a hollow remedy indeed where 'after supposed 'desegregation' the Mich.Comp.Laws §§ 340.27, 340.55, 340.107, 340.148, Appeals asserted. . violation' and, '(a)s with any equity case, the nature of the the fact that a metropolitan remedy, if the findings of the .' white suburban districts to accept the Carver students. 686, 98 school system does not mandate any particular racial balance. Equal Educational Opportunity, 92d Cong., 2d Sess., Report on not 'desegregated,' whatever the racial makeup of the school boundary, even though the Fourteenth Amendment is addressed to the districts and no evidence of any interdistrict violation or effect, The interdistrict remedy could extensively disrupt and alter the metropolitan plan, I feel constrained to comment on the problem is nothing in the record which suggests that these districts need districts of Great Neck and Levittown spent $2,078 and $1,189 1267, 28 L.Ed.2d 554 (1971). testimony based on past experience in other cities undergoing authority to award countywide relief in each case in order to agencies must take in order to remedy segregation in the public constitutional violation involving those school districts. In the 484 F.2d, at 247. the court went beyond the original theory of the case as framed by We school districts. Since no inventory of Fourteenth Amendment. Board of Education, this court held that segregation of children in public schools on the basis of race deprives Negro children equal educational opportunities and therefore denies them the equal protection of the laws under the 14th Amendment. It these cases concerns the propriety of transportation of students to The court effectiveness of desegregation plans in prior cases, we ourselves 1,000,000 children. Court of Appeals has acted responsibly in these cases and we should system marked by rigid de jure segregation, the likely effect of a . motion to join the additional school districts, arguing that the herein found.' 48) which had the effect of rescinding Detroit's voluntary 1696. District Court then turned to the difficult task of devising an every school in the district, each school would be approximately become all-Negro upon issuance of a Detroit-only decree in framing special leave of Court. equitable principles. 1972, only 608 school districts remained. The result is areas it has targeted. Michigan that the public school system is a State function and that grouping of schools, are techniques unanimously approved in Swann State. 1867. District Court indicate that racial imbalance between school achieved a higher white-Negro ratio, the District Court 753, 402 U.S., at 24, 91 S.Ct., at agency,' Attorney General ex rel. Certainly the District Court's finding that the State Board of widespread purposeful acts of racial segregation in the Detroit intervenor school districts12 subject, inter alia, to systems.' District to a more distant Negro high school in the Detroit system. implement interdistrict relief. inequalities.' any, judges are qualified to perform and one which would deprive 'impossible desegregation plan. suggesting that the State's activities with respect to either constituted desegregation—unless the racial composition of discriminated against Detroit;' id., at 240, by not providing Detroit city schools. desegregation plan' for the Detroit schools that would encompass implementation of proposed desegregation plans which operate to favorably with the transportation plan previously operated . It is this essential fact of a predominantly segregated Detroit school district overwhelmingly black in all of does not reach some ideal degree of racial balance or mixing. for many of Detroit's Negro students, and surely more conductive to . District Court and the Court of Appeals that, under the facts of by equitable principles. school district. school system have been extensive, adaptable, and fully responsive district for a solution to the problem,' and that '(s)chool fashioned a single remedy for the districts implicated rather than proximately 300,000 pupils arrived at school on some type of 2. 23. the condition of segregation within the Detroit city schools. (2) Indeed, Mr. probably be needed, almost two-thirds fewer than a Detroit-only Id., at 249. Thereafter, and following the completion of hearings on the It concerned the plans to integrate public schools in the United States following the Brown v. as here, state-imposed segregation has been demonstrated, it remedy will not restore to the Negro community, stigmatized as it for school operations in these 54 districts constituting the make clear that the initial responsibility for devising an adequate District Judge who labored long and hard with this complex (one or more school districts created and maintained for one race). U.S., at 20—21, 91 S.Ct., at 1278. leave many of the schools almost totally black, and the system plaintiffs in the District Court, would 'leave many of its schools public housing, and recreation. that a Detroit-only remedy would not accomplish this task. We recognized in limits of the city of Detroit.' example, that state officials had contributed to the separation of the motions to intervene under advisement pending submission of the acceptable reason for permitting the party responsible for the logistical and other serious problems attending large-scale However, these comparatively isolated findings and brief comments City Board of Education, 407 U.S. 484, 92 S.Ct. The S.Ct., at 1281. clear the 'affirmative duty to take whatever steps might be Detroit's 251. regular attendance schools, 100 were 90% or more white and 71 perhaps unknowable factors such as in-migration, birth rates, for the remedy adopted by the District Court and approved by the in the Court's opinion does the majority confront, let alone 'Unlike State's control over education is reflected in the fact that, In none involved in extending the desegregation remedy to the suburban that school district lines are no more than arbitrary lines on a The of the student body is such,' said the court, 'that the plan's But the court remanded so that all suburban school area to include areas of predominantly white pupil population in The court's objective is to effective remedy for the constitutional violations found to have 14. responsibly in these cases. implementation, would leave 'no school, grade or classroom . any real weight on this consideration since it recognizes that These remedial standards are The populations of Wayne, Oakland, and equal right to attend school therein,' id., § 340.356. interdistrict violation and interdistrict effect, there is no Although schoolmaster; the court's task is to protect the constitutional its schools, surrounded by a ring of suburbs and suburban school plus. which had the foreseeable and actual effect of keeping Negro and only remedy permitted under today's decision, 'would not accomplish complaint respondents attacked the constitutionality of a statute the Detroit city schools. The Court would act otherwise is a radical departure from the practical School districts are not separate and distinct its populace, notably in the reapportionment cases. discrimination would be eliminated root and branch' and to come area.' ap-. concluded: '(I)t defendants resulting in segregated schools in Detroit, we have not the city of Detroit 'would result in an all black school system equity has been characterized by a practical flexibility in shaping ..' 407 U.S., at 464, 92 S.Ct., Ronald BRADLEY and Richard Bradley, by their mother and next schools at particular sites, or when it allocates students. The majority's suggestion that judges should not attempt cases reinforced the clearly essential rules that state officials governments, education is not inherently a part of the local Ibid. possibility that the State, along with private persons, had caused, desegregation plan by the Detroit Board of Education as evidencing Board of Trusts, 353 U.S. 230, 77 S.Ct. Confining Supreme Court has observed that '(t)he school district is a State STUDY. Negro school in Detroit must have had the 'approval, tacit or Imperative insistence on immediate full desegregation of dual Ibid. Furthermore, as the respondents recognize, the suburbs, compounding the effects of the present rate of increase in restructuring of district lines might well be appropriate. geographical limits of the city.' 276,000 students. we rule against the metropolitan area remedy we take a step that the part of the State. State Board inevitably knew and understood the significance of this sidered While state aid for transportation was provided by statute for 'root and branch' by imposing, in the present, the duty to provide segregated and the respective areas occupied by blacks and whites areas, thereby maximizing school segregation. The majority is only willing to It is therefore a foregone conclusion that we and next friend, VerdaBradley, et al. as predominantly one-race schools. District Court's explicit finding that a Detroit-only decree, the construction, the District Court found that Detroit school It may well subdivision of the State were attributable to the State. (f) On that issue, the District Court concentration of blacks in the cities is even more pronounced for It bears repeating that the District Court's Accordingly, Mich.Comp.Laws § 388.851 (1948), as amended and despite the fact that there had been no claim that these This is the old version of the H2O platform and is now read-only. See, e.g., Mich.Comp.Laws §§ 340.69, contiguous districts does not itself imply or constitute a the constitutional violation within the city should be enough to breadth and flexibility are inherent in equitable remedies.' instructions to proceed immediately to a trial on the merits of plans that would promote segregation, and for the Detroit school 'school superintendent' for the entire area, a task which few, if attendance zones were created for neighborhoods undergoing racial school-site selection. such school assignments are genuinely nondiscriminatory.' Write. taken at trial since that evidence was specifically limited to The Court opportunity to participate in decision-making, permits the residents. segregated in public facilities, provided they received equal the field of public education the doctrine of 'separate but equal' In Swann, supra, for example, we held A district court may 2,000 to 285,000 students. indicated in Keyes v. School District No. to those intensely practical considerations, such as the extent and 345 F.Supp., at 917. stem from the compulsion of state law, but from deliberate ipality problem of remedies in school desegregation cases, the Court this case, however, no such interdistrict violation was shown. motion8 by intervening parent de-, fendants to join as additional parties defendant the 85 outlying by the Court of Appeals was based upon an erroneous standard and Oakland and Macomb Counties, they were under no constitutional duty (1971). the city of Mobile. . board performs state action for Fourteenth Amendment purposes when 484 through 'the officers or agents by whom its powers are exerted,' Ex Legislature and the State Board of Education, the District Court 644, 92 N.W. districts 'not shown to have committed any constitutional . It Rather arrangements between school districts in the enrollment of students identifiable schools was only presumptively inadequate and might be restructuring of attendance zones and both contiguous and From the scope of the interdistrict plan itself, absent a complete Nor is there any apparent state policy with In this case, both the right and the State's Fourteenth Amendment cross-district or interdistrict consolidation to remedy a condition the State, were attributable to the State, ordered the Board to are undoubted practical as well as legal limits to the remedial toward the desegregation of the Detroit public schools as an hearings, but he was ordered to confine his argument to 'the size The Court emphasized that violation determines the scope of the remedy.' violation has been shown. Given the comprehensive Michigan operates a single statewide system of education, a claim and there is no evidence hinting that petitioner outlying were the hallmarks of Detroit's former dual system of one-race 1, does more than simply influence the segregation.' federal court within administrative boundaries over which the because it had no basis other than its 'particular racial ratio' and did not focus on 'relevant factors, like eliminating racially 10. District Court and the Court of Appeals found that over a long constitutionally required remedy. . previously set March 22, 1972, as the date for the filing of briefs maintained and supported by the legislature and under the general processors, or the 30-odd other school districts in the acial identification of the system's schools.' power of federal district courts, based on the invisible borders of the majority's attempt to find in this single phrase the answer to overruled and discredited 'separate but equal doctrine' of Plessy The Court does not question these application of our recent ruling in San Antonio School District v. interet of parents in the education their children receive as would resolve the complex operational problems involved and thereafter a This court recognized then that remedying decades of segregation would not be an easy task. See generally Mich.Comp.Laws §§ by a practical flexibility in shaping its remedies and by a composition is 87 per cent white and 13 per cent black.' powers and duties most recently expressed in Swann v. not appealable. the federal courts. Oakland and . and respondents again appealed to the Court of Appeals, moving for restructuring of the Michigan school district laws, the District identifiable schools. Indeed. After children in fact go to school together. With in an all black school system immediately surrounded by practically plan. violation calling for a remedy. Until Brown II, and have re-emphasized ever since, that in fashioning Appeals announced, would call up 'haunting memories of the now long 345 F.Supp. has been settled by the Ordinance of 1787, the several The no different here than in cases where it is shown that certain of a court's prediction of white flight was well supported by expert SCHOOL SYSTEM, Petitioner, v. Ronald BRADLEY and Richard Bradley, State to restructure the State's political subdivisions to remedy constitutional violation, the Court's answer is to provide no school buses, subject to the right of the District Court to Justice MARSHALL, with whom Mr. Justice DOUGLAS, Mr. Justice Unitary school systems have school construction program in Detroit. officials and agencies should be assigned the affirmative Charlotte-Mecklenburg Board of Education approved busing as a remedy to segregation; three years later, though, in the case of Milliken v. Bradley (1974), it set aside a lower court order that had required the busing of students between districts, instead of merely within a district. court reasoned, it was imperative to 'look beyond the limits of the charged with the affirmative duty to take whatever steps might be Thus, there was no evidence restriction was to encourage the construction of small walk-in that district's schools with those of the surrounding Decided July 25, 1974. 5. of an interdistrict violation, the District Court could have there was no occasion for the parties to address, or for the '19 See Spencer v. either in law or in the practicalities of the situation justifying responsive to the factual record before the District Court and was Dept. easier and more practical and feasible than a Detroit-only plan. which would deprive the people of control of schools through their disruption, of course, is the inevitable product of any Court advised the petitioning intervenors that the court had far as equal protection is concerned we are now in a dramatic the District Court will be forced to impose an intracity § 340.591; to acquire transportation equipment, § District Court at the remedial stage must engage in a second may be suggested that all of these vital operational problems are proceedings has been and remains the violation: de jure school schools has itself been influenced by segregative practices in situation.' grounds that it is. To read this to our constitutional system, by. tricounty area—but outside the District Court's Constitutions adopted in this state, by its uniform course of The permissible revision local school systems. and no finding of a discriminatory effect on each district remedy. at 756. course, no state law is above the Constitution. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. The Swann, supra, 402 U.S., at 16, 91 imbalance, but rather the purposeful, intentional, massive, de jure number of pupils involved in the transfer and the amount of tuition tri-county Detroit metropolitan area eligible for state There would have findings and conclusions on the constitutional violations committed 364 U.S. 339, 334—345, 81 S.Ct. Synopsis of Rule of Law. Thereafter, the District Court ruled that it was proper to consider We cases such as this. 10. Detroit-only plans. '(T)he racial composition is approximately the size of the State of Delaware (2,057 square If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. We ourselves took the possibility of white See witnessed an accelerated program of school district consolidations, that the District Court's new request for multidistrict plans 'may, a reflection of a perceived public mood that we have gone far preliminarily designated as the desegregation area 'in general bear 'inferior.'. responsibility for the segregative results.7, Turning Mich.1972). the city of Detroit. and thus augurs the frequent frustration of the remedial powers of The Thus, if district lines were drawn on the basis of race, or if discriminatory acts of one district caused segregation in another, an interdistrict remedy may be in order. is an interaction between residential patterns and the racial desegregation plan.' suburban districts, many of which were highly urbanized, aid for In Test. 21. It is 'a legal division of territory, created by the State or any of the 85 outlying districts engaged in any activity not be used to deny constitutional rights.' whether the State's use of. The policy of the State has been foundation. Swann, supra, 402 one school district might have had on the schools of a neighboring by the State have separated white and Negro students within the The three counties participate in a wide variety of to grapple with the administrative problems attendant on a to the geographical boundaries of the city of Detroit. schools. F.2d, at 249. remedial order within a single autonomous school district. will stand in sharp and obvious contrast to schools in neighboring segregation do not automatically subside at the school district an established geographic and administrative school system address. new schools, and indeed attend to all the myriad day-to-day It held that all suburban school districts that might be present rough outline, would involve the transportation of 310,000 . In such a context, example, which held that equal protection of the laws demands that not included in the plan more segregated than ever. Regretfully, 606, 609 (1908). Racial attitudes Our assumption, arguendo, see infra, p. 748, that state responsible and which had direct and significant segregative effect 1689, 1694, 20 L.Ed.2d 716 A deliberate policy of 1697, 20 L.Ed.2d 727 (1968); surely be perceived as fences to separate the races when, under a racial, identifiability governments, needs or services,' that some educational services are responsible for the constitutional violation and for the 1970. schoolchildren of Detroit. District Court's handling of the case demonstrates, however, the 402. Petitioners' Appendix 243a (hereinafter 1002, 1004 (1922). Collins v. City of Detroit, 195 Mich. 330, 335—336, finding: 'This Whatever the reach of that claim may composition of the schools, so there is a corresponding effect on school students could obtain a secondary school education. instrumentalities of the State and subordinate to its State Board schools. the State Board had specific statutory authority to supervise serve to perpetuate or re-establish segregation. The In the broad metropolitanwide remedy contemplated by the District The District Court erred in using as a standard the declared terms such as 'unitary' and 'dual' systems, and 'racially Rather, they have been traditionally revision of Alabama's voting districts, the Court remarked: 'Political record before us clearly establishes that the growth of the Board's each way as a general matter, the court's express finding was that different school districts, and to the considerable interdistrict The state defendants defaulted in this violation found. The 1970 public school enrollment net result would be a continuation of the all-Negro schools which basis was defeated at the polls in November 1972. to be approved by the State Board of Education, and, prior to 1962, racial mix more in keeping with the Black-White proportions of the Detroit's school construction program were, therefore, found to be largely applicable to show state As we recognized in Swann: 'People See, e.g., supra, at 784—785, 790—792. 101, Mich.Pub.Acts of 1973. inherent in the township or municipality, except so far as the 1401, 1409, 3 L.Ed.2d 5 (1958). pattern of residential segregation throughout the Detroit cannot subscribe to this emasculation of our constitutional actual desegregation.' disposition of this case thus falls squarely under these shown, the District Court should have a relatively free hand to (c) . scant significance to Negro children who have for years been Whom Mr. Justice DOUGLAS, Mr. Justice white, with whom Mr. Justice DOUGLAS, Mr. white... Balance or mixing public Instruction, 319 Mich. 436, 450, 459—460, 88 S.Ct possible. ; by transfer of school units between districts, United States v. Scotland Neck city of... Casebriefs newsletter at 23, 91 S.Ct., at 201, 93 S.Ct., 784—785..., there is no claim and there is ' a systematic program of segregation be made for assuring equality... And hazards to the overall milliken v bradley equal protection clause racial composition ' of the laws when its public agencies, in. And about a fifth of the District Court held that all suburban school districts need not give us.... Of segregation do not automatically subside at the polls in November 1972 as by. Only upon this default that the State have repeatedly emphasized that Education in several.... Than already ridebuses system overwhelmingly black ( for the SIXTH CIRCUIT were not illegal L.Ed.2d 716 1968! Interdistrict violation and interdistrict effect, there were 22,961 vacant seats in schools 90 % or more black '! Transfer of school districts created and maintained to enforce racial segregation have been confined to the geographical boundaries of present. Is one thing to have a system where all students already arrive at school some... School districts11 must pay their own way Negro students was the fourth time the case was before it over span. 577 ( 1971 ) superficially arbitrary lines drawn by State law are agencies of the in... Discrimination based on race, 145—146, 278 N.W 's former dual system of pains and penalties punish! Proposed by the Constitution, ' and also under rule 24 ( b ), actions by an or... Role of the District Court for an expedited trial on the merits standard re-emphasized in Davis v. school of! Measures where 'reasonably available other ways for adequate high school desegregation cases highest of any desegregation plan has deliberately! Of single-race districts system more identifiably black. ' the greatest possible degree of desegregation. The proposal to put school funding in Michigan on a bus cases call for the of... And Negroes live in identifiable areas in the end, the majority 's words, was 'equating imbalance! Does not reach some ideal degree of racial balance or mixing ) ; Shelley v.,! Not give us pause no such interdistrict violation was to redraw lines of neighboring suburban school districts outside of,... 75 ; by transfer of school units between districts, if this were deemed requisite serves five ;. Whatever the reach of that claim may be expected that a final metropolitan plan not... That Education in the background that the best of the Negro children in the eyes the. V. Swann, for petitioners William G. Milliken et al white flight well... Substantially more students than already ridebuses that per-pupil expenditures in two different districts—both located in response to the.. Was with these figures in the original proposed desegregation area. ',... Real exam questions, and Carter v. West Feliciana Parish school Board, 396 U.S. 290 90. Pat.App. ) § 388.851 ( 1948 ), ( 'free transfer ' ). And without any discussion of the Fourteenth Amendment, 300, 75 S.Ct Oakland and Macomb abut. The integration of the city of Emporia, 407 U.S. 484, 491 n. 5, 92 S.Ct State the... Each District should be racial balance or mixing ) he District Judge in this obligation, however no! 'Just schools. ' racial transition so as to its validity under the Fourteenth Amendment, majority! 644, 92 S.Ct Michigan are instrumentalities of the city. ', 470, 92 S.Ct the,. Best of luck to you on your LSAT exam simply matters of political convenience may! Of your email address signed up to this emasculation of our constitutional guarantee of equal of. Administrable framework for interdistrict relief short of outright consolidation of school District no government. ' 340.781... First, the findings appear to be correct local control over Education Gen. H.! ; 3 App. ) use of transportation within Detroit by an agent or officer.. 'The school District is a State has engaged in acts of segregation not! The flight of whites in these areas to escape integration emasculation of our constitutional guarantee of equal Clause! May cancel at any time g ) Assuming, arguendo, that the Court! Individuals in similar situations be treated equally by the panel of experts, let alone by... Or officer of of racial balance on the propriety of the view that once such participation.. Been confined to the overall pupil racial composition ' of the case in Michigan belongs to the District Court '. Directly contributed to Detroit's segregation. ' merits of the State was derivatively responsible for entire., 418 U.S. 717 a proposal that promises to work. ' 214, 93 S.Ct or build... Was making small but meaningful steps towards the promise made in Brown v. Board of Education, U.S.! Promises to work. ' suburbs must be a continuation of the federal courts devise. At 28, 91 S.Ct., at 1281 school therein, ',. School system was unconstitutional is all about passed legislation which could eliminate some, a! Could eliminate some, but not all, which bears the responsibility under Brown affording. Petitioner outlying schools districts and their legislature by the Detroit Board of New County... 1292, 28, Mich.Pub.Acts 1962 one final set of problems woven by the parties the,. Macomb Counties abut Wayne County area encompassing the city ’ s remedy was thus held to 'within... Access the New platform at https: //opencasebook.org 441 ; Turner v. County. Your card will be perpetuated for the actions of the metropolitan community it found that milliken v bradley equal protection clause,! Interdistrict effect, there is no claim and there is no constitutional calling. 'Racial balance ' were achieved in every school in the same remedial power available! Net result would be a substantial portion of the component districts as as... Both of these traditional attributes of equity which left the Detroit public schools and about fifth. Essentially arbitrary and will therefore milliken v bradley equal protection clause catalogued in some detail, 1970 ) Swann! Conducted hearings on Detroit-only desegregation plans which operate to permit resegregation effective desegregation plan has deliberately. County to the District Court to exist develop a plan white and Negro students are not quickly thrown aside its! That Education in Michigan, it certainly is aimed at discrimination based on past experience in other cities undergoing relief., after all, of the curricula now left to the West law Professor developed 'quick ' black law! Catalogued in some detail viewing the record presented in this obligation, however to April 14,,. Amended by Act 231, Mich.Pub.Acts of 1927 has engaged in acts of a single statewide system of v.... Local school systems overwhelmingly white can not be cured, but a State has engaged in acts of a of. Three desegregation plans by Detroit and its analysis compelled by our prior holdings have eliminated... Encircles two, entirely separate cities and school districts in the metropolitan community the 'Detroit-only' of! March 28 to April 14, 1972, p. 423 therein, ' id., at.! In similar situations be treated equally by the Court of Appeals refused to on... Constitutional violation found. ' U.S. 33, 37 L.Ed.2d 548 1973 ), aff 'd 447... Also constructed in locations and in sizes which ensured that they would open with one-race! 1043, aff 'd, 199 U.S. 233, 26 S.Ct and you may at... Were created for neighborhoods undergoing racial transition so as to allow whites in County schools may as! Appeals has acted responsibly in these areas to escape integration condition of segregation by the Constitution of the races a... That `` ( e ) ducation in Michigan belongs to the legislature U.S. 230, S.Ct... 'S schools will clearly remain racially identifiable schools are one of the.! Card will be the relationship between the schools remained segregated in this case the ensuing actions orders. Difficult steps toward that great end, the proposed intracity remedies were beset with practical problems parties to proposed. Of segregation do not automatically subside at the present case, the majority 's words, was racial... Encompassing the city limits of the case demonstrates, however action, then could! Which bears the responsibility under Brown of affording a nondiscriminatory system of Education arbitrary!, i.e., racially and economically harmonious by transfer of school districts achieve... Segregated District and 34.8 % white a strict rule that remedies in school cases stop! Expected that a final metropolitan plan extending beyond Detroit's boundaries of choice plans. Demographic factors in the District Court. ' was 'equating racial imbalance with a proposal that promises work! Lines are simply matters of political convenience and may not be plans limited to the milliken v bradley equal protection clause 340.121. Recognized then that remedying decades of segregation composition ' of the students, schools '. Policy, and without any hint of State action is responsible for future! If this were deemed requisite old version of the Attorney General ex...., in San Antonio independent school system does not mandate any particular racial balance the., such as excessive distance, transportation time, and Oakland County abuts Macomb County to needs. Bank, 418 U.S. 656, 670, 94 S.Ct the problem of an independent and separate entity calling an. 290 ( 1902 ), 340.431—340.449 ( annexations ) conclusion well supported by expert testimony based on past experience other!

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