Legal Opinion · Concurring in part, dissenting in part
Jenkins v. Missouri
Court of Appeals for the Eighth Circuit
Decided December 5, 1986No. Nos. 85-1765, 85-1949, 85-1974 and 85-2077Published
1Concurring in part, dissenting in partArnold, Circuit Judge
While I concur in much of what the Court has said today, I must respectfully dissent from those portions of the lead opinion concerning suburban school district (SSD) participation in a remedy for the interdistrict effects of the State of Missouri’s housing violations. In all other respects, I concur in the judgment.
I would hold that the District Court erred in concluding that the SSDs cannot be required to participate in an interdistrict remedy for interdistrict school segregation caused by the State’s constitutional violations in the area of housing. The case should be remanded to, the…
2Cases cited20 opinions
- Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
- Shelley v. KraemerSupreme Court of the United States · 1948
- Cooper v. AaronSupreme Court of the United States · 1958
- Barrows v. JacksonSupreme Court of the United States · 1953
- Milliken v. BradleySupreme Court of the United States · 1974
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