Legal Opinion · Dissent
Jenkins v. Missouri
Court of Appeals for the Eighth Circuit
Decided December 5, 1986No. Nos. 85-1765, 85-1949, 85-1974 and 85-2077Published
1DissentLay, Chief Judge, joined by Heaney and McMILLIAN, Circuit Judges,
A world of rhetoric cannot hide the world of fact.1 No one can deny that the school systems within the Kansas City metropolitan area were racially segregated before 1954, continued to be segregated after 1954, and that virtually all remain segregated today. The clearly erroneous rule, used by the lead opinion to give blanket approval to the district court’s conclusions, was never intended to be a rule of blind deference. This is particularly true when, as here, the record does not support the district court’s conclusions. This court’s affirmance of the district court, if allowed to stand,…
2Cases cited28 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
- Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- Brown v. Board of EducationSupreme Court of the United States · 1955
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