Oral Argument - January 11, 1995. The Courts failure to give notice about what it would adjudicate threatens the credibility of the Court. On January 10, 1989, the Clerk of the Court of Appeals issued an amended order, recalling the October 14 mandate and entering nunc pro tunc effective October 14 an order denying the three "petitions for rehearing with suggestions for rehearing en banc." 433 U.S. 717 In an action under 42 U.S.C. Although that court believed that it had no alternative to imposing the tax itself, it, in. Accepting also the District Court's conclusion that state law prevented KCMSD from raising funds sufficient to implement the desegregation remedy, the Court of Appeals held that such state-law limitations must fall to the command of the Constitution. 418 of Education v. Doyle, It is hereby ordered that all petitions for rehearing officials from applying state law that would interfere with the willing levy of property taxes by KCMSD," ante, at 56, n. 20, cause the KCMSD to exercise power under state law. [495 53a. Did the District Court exceed its constitutional authority by ordering salary increases of instructional and non-instructional employees of the KCMSD? Allen R. Snyder argued the cause for respondents. Rather, it found only that the taxation orders were necessary to fund the particular remedy it had devised. Argued January 11, 1995-Decided June 12, 1995*. [495 Brief Fact Summary. 446 The Court of Appeals agreed with the District Court that Griffin v. Prince Edward County School Bd., supra, at 233, had established the District Court's authority to order county officials to levy taxes. In Missouri v. Jenkins, 495 U.S. 33, 57, 110 S.Ct. 491 The District Court also required the defendants to encourage voluntary interdistrict transfer of students. 300 The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) . The Supreme Court reversed the Court of Appeals judgment. nor the record support this view. X, 11(b),(c). ] As we discuss infra, at 45, 28 U.S.C. (1979); Dayton Bd. of Estimate v. Morris, 495 U. S. 53. This assertion of judicial power in one of the most sensitive of policy areas, that involving taxation, begins a process that over time could threaten fundamental alteration of the form of government our Constitution embodies. I am required in light of our limited grant of certiorari to assume that the remedy chosen by the District Court was a permissible exercise of its remedial discretion. The State of Missouri and Kansas City students had been involved in an 18-year-long. By then it was clear that KCMSD would lack the resources to pay for its 25% share of the desegregation cost. . The KCMSD plan adopted by the court provided that "every senior high school, every middle school, and approximately one-half of the elementary schools in the KCMSD will become magnet schools by the school year 1991-92." . See Jenkins v. Missouri, 807 F.2d 657 (CA8 1986). 11. . Desegregation of schools involves ending intentional segregation, but does not mean that minority and nonminority students must attend the same schools. [495 Supp., at 45. U.S. 441, 445 U.S. 294, 299 The Court of Appeals affirmed most of the initial order, but ordered the lower court to divide the remedy's cost equally between the entities. The premise of the Court's analysis, I submit, is infirm. We have long since determined that "unequal expenditures between children who happen to reside in different districts" do not violate the Equal Protection Clause. The majority appears to concede that the Missouri tax law does not violate a specific provision of the Constitution, stating instead that state laws may be disregarded on the basis of a vague "reason based in the Constitution." The notion of white flight does not justify the court going beyond its authority here. U.S. 274, 280 : 88-64 DECIDED BY: Rehnquist Court (1988-1990) LOWER COURT: United States Court of Appeals for the Eighth Circuit Jenkins, 491 U.S. 274 (1989), should control in the instant case in the interest of consistency. Village of Arlington Heights v. Metropolitan Housing Development Corp. Regents of the University of California v. Bakke, Crawford v. Los Angeles Board of Education, Board of Education of Oklahoma City v. Dowell, Northeastern Fla. Chapter, Associated Gen. Had the court chosen, as the State argues, to allow the monetary obligations that KCMSD could not meet to fall on the State rather than interfere with state law to permit KCMSD to meet them, the implementation of the order might have been delayed if the State resisted efforts by KCMSD to obtain contribution.
