Missouri v. Jenkins

Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join,

dissenting.

The Court’s process of orderly adjudication has broken down in this case. The Court disposes of challenges to only two of the District Court’s many discrete remedial orders by declaring that the District Court erroneously provided an interdistrict remedy for an intradistrict violation. In doing so, it resolves a foundational issue going to one element of the District Court’s decree that we did not accept for review in this case, that we need not reach in order to answer the questions that we did…