Missouri v. Jenkins | Case Brief for Law School | LexisNexis 11. The District Court's school desegregation orders, which required the State of Missouri to fund across-the-board salary increases and to continue to fund remedial education programs, went beyond the court's remedial authority. of Education v. Doyle, 376 (1861). The judicial taxation approved by the Eighth Circuit is also without parallel. The State maintains, however, that even under these cases, the federal judicial power can go no further than to require local governments to levy taxes as authorized under state law. Missouri v. Jenkins, . 1997). Accord, Applying County v. Municipal Electric Authority of Georgia, 621 F.2d 1301, 1304 (CA5), cert. [ 469 Team Assignment (Teams DH): Please write a short memorandum (3-5 pages) considering whether the Supreme Court's decision in the two Missouri v. Jenkins cases are consistent or inconsistent. Where a tax is imposed by a governmental body other than -281 (1977). Mo. REHNQUIST, C.J., filed a dissenting opinion, post, p. 491 U. S. 295. The District Court originally estimated the total cost of the desegregation remedy to be almost $88 million over three years, of which it expected the State to pay $67,592,072 and KCMSD to pay $20,140,472. See 855 F.2d, at 1314. Case Brief Missouri v. Jenkins (1989) 491 U.S. 274, 109 S.Ct. [ It is not clear that Missouris enforced segregation up until 1954 is why there are predominantly black schools in the KCMSD 30 years later. A party may petition for rehearing before the panel under Rule 40, file a suggestion for a rehearing in banc under Rule 35, or do both, separately or together. (1909); Graham v. Folsom, The Supreme Court majority interpreted Brown v. Board of Education as restricting only de jure segregation and referred to Milliken v. Bradley and other precedents as applying only to intra-district desegregation. Rule App. of Education of Nashville and Davidson County, Tenn., 836 F.2d 986 (1987), cert. Allen R. Snyder argued the cause for respondents. [495 The District Court should have made more findings to determine whether the KCMSDs student population was a result of vestiges of past discrimination. 423 Section 2101(c) also permits a Justice of this Court, "for good cause shown," to grant an extension of time for the filing of a petition for certiorari in a civil case for a period not exceeding 60 days. This final iteration of the Missouri v. Jenkins cases (this case is deemedMissouri v. Jenkins III) marks the end of the Courts involvement in the 18-year-long litigation. Cf. CV 09-06731 SS. There is no obvious limit to today's discussion that would prevent judicial taxation in cases involving prisons, hospitals, or other public institutions, or indeed to pay a large damages award levied against a municipality under 42 U.S.C. County of Macon has little relevance to the present case, for KCMSD's obligation to fund the desegregation remedy arises from its operation of a segregated school system in violation of the Constitution, not from a contract between KCMSD and respondents. 489-502. Rather, the court "affirm[ed] the actions that the [district] court has taken to this point," which included the District Court's October 27, 1987, order increasing property taxes in the KCMSD through the end of fiscal year 1991-1992.
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