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Milliken v. Bradley (Milliken II)

433 U.S. 267, 97 S. Ct. 2749, 53 L. Ed. 2d 745 (1977)

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Milliken v. Bradley (Milliken II)

United States Supreme Court

433 U.S. 267, 97 S. Ct. 2749, 53 L. Ed. 2d 745 (1977)

Facts

In Milliken v. Bradley (Milliken I), 418 U.S. 717 (1974), the United States Supreme Court found that the State of Michigan (state) (defendant) and the Detroit School Board (board) (defendant) had unconstitutionally engaged in the racial segregation of the Detroit public school system. The Court further found that the district court’s desegregation decree was unconstitutionally broad because it imposed desegregation procedures on surrounding school districts that had not engaged in racial segregation. The case was therefore remanded to the district court for development of a new desegregation plan. The district court adopted a new plan that required the state and the board to provide remedial education programs to students who had been subjected to racial segregation. The state and the board appealed, arguing that the district court had exceeded its authority and that instead its order should have been limited to ensuring that the student counts in the city’s schools were constitutionally permissible. The court of appeals affirmed the district court’s order, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Burger, C.J.)

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