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Milliken Vs. Bradley

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  • US Supreme Court
  • Jul 25, 1974

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  1. Kies Vs. Lowrey US Supreme Court · Nov 13, 1905
  2. U.S. 717 (1974) U.S. Supreme Court Milliken v. Bradley
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  3. U.S. 717 (1974) Milliken v. Bradley
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  4. of the metropolitan area as a whole. The clear import of Swann v. Board
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  5. Ibid. Page 418 U. S. 737 II Ever since Brown v. Board
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  6. racial segregation were held to violate the Constitution in the cases subsequent to 1954, including particularly Green v. County
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  7. Raney v. Board
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  8. Monroe v. Bard
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  9. Swann v. Charlotte-Mecklenburg
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  10. Wright v. Council
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  11. United States v. Scotland
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  12. U.S. at 402 U. S. 6 . In Brown v. Board
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  13. See Spencer v. Kugler
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  14. and support for public schools and to Page 418 U. S. 742 quality of the educational process. See Wright v. Council
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  15. of the City of Emporia, 407 U.S. at 407 U. S. 469 . Thus, in San Antonio School District v. Rodriguez
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  16. with the Fourteenth Amendment, federal courts have a duty to prescribe appropriate remedies. See, e.g., Wright v. Council
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  17. Haney v. County
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  18. United States v. Texas
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  19. F.Supp. 1043 (ED Tex.1970), aff'd, 447 F.2d 441 (CA5 1971), cert. denied sub nom. Edgar v. United
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  20. Furthermore, as the respondents recognize, the application of our recent ruling in San Antonio School District v. Rodriguez
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  21. Together with No. 73-435, Allen Park Public Schools et al. v. Bradley
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  22. et al., and No. 73-436, Grosse Pointe Public School System v. Bradley
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  23. Kies v. Lowrey
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  24. Zacharias v. Detroit
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  25. The court sought to distinguish Bradley v. School
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  26. and, under our decision last Term in Keyes v. School
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  27. election, it would seem incongruous to disparage the importance of the school district in a different context. Kramer v. Union
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  28. however neutrally the district lines have been drawn and administered, finds no support in our prior cases. In Green v. County
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  29. white. In Wright v. Council
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  30. the same percentages as could be obtained under one of the plans involved in this case. And in United States v. Scotland
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  31. Workman v. Board
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  32. Keyes v. School
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  33. Green v. County
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  34. Brown v. Board
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  35. officials had contributed to the separation of the races by drawing or redrawing school district lines, see Haney v. County
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  36. Wright v. Council
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  37. by transfer of school units between districts, United States v. Texas
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  38. Turner v. Warren
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  39. this Court is in no way turning its back on the proscription of state-imposed segregation first voiced in Brown v. Board
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  40. U. S. 483 , or on the delineation of remedial powers and duties most recently expressed in Swann v. Charlotte-Mecklenburg
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  41. As this Court stated in Brown v. Board
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  42. that Michigan would stay well within federal constitutional bounds if it sought a metropolitan remedy. In Bradley v. School
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  43. regime of Plessy v. Ferguson
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  44. just as were the Chicanos in San Antonio School District v. Rodriguez
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  45. blacks could be segregated in public facilities, provided they received equal treatment. As I indicated in Keyes v. School
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  46. areas, the State creates and nurtures a segregated school system just as surely as did those States involved in Brown v. Board
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  47. Serrano v. Prest
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  48. haunting memories of the now long overruled and discredited separate but equal doctrine' of Plessy v. Ferguson
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  49. would be opening a way to nullify Brown v. Board
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  50. U.S. Supreme Court Milliken v. Bradley
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