Jenkins v. Missouri

I concur in the court’s opinion and write separately only to explain more completely my reasons for concluding that the rulings of the district court should be reversed.

This case demonstrates the difficulty of determining complex cases involving school desegregation, and the attendant issues of discriminatory intent, by summary judgment. Text writers have discussed the inapplicability of summary judgment in such cases.6 This is just such a case involving the question whether there was discriminatory intent on the part of three suburban school districts, which necessarily involves an analysis…