402 1 A desegregation order was issued by the court including details of how to remedy the situation and the financial . 402 In perhaps the leading case concerning desegregation remedies, Milliken v. Bradley, The Court of Appeals' judgment was entered on August 19, 1988. Id., at 43-44. The citizens whose tax bills would have been doubled under the District Court's direct tax order would not have had these protections. 374 See Mo. U.S. 247, 258 : distr.) Bi-Metallic Co. v. Colorado State Bd. 88-1150 Argued Oct. 30, 1989 Decided April 18, 1990 495 U.S. 33 Syllabus In an action under 42 U.S.C. It is true that the Court of Appeals went on "to consider the procedures which the district court should use in the future." . . U.S. 294, 299 This is true as well of the problems of financing desegregation, for no matter has been more consistently placed upon the shoulders of local government than that of financing public schools. The Court of Appeals agreed with the District Court that Griffin v. Prince Edward County School Bd., supra, at 233, had established the District Court's authority to order county officials to levy taxes. It is the end of civil society. Brief for Petitioners 42. As a result, the District Court began to order remedial measures. The Court of Appeals should not have allowed the tax increase to stand and should have reversed the District Court in this respect. To the contrary, 42 U.S.C. Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas, Souter, joined by Stevens, Ginsburg, Breyer, This page was last edited on 2 January 2022, at 04:55. 8 In the first place, like other equitable remedies, the nature of a desegregation remedy is to be determined by the nature and scope of the constitutional violation. [495 The Court of Appeals' judgment was entered on August 19, 1988. We granted certiorari, 488 U.S. 888 (1988), to resolve two questions relating to fees litigation under 90 Stat. Kansas City, Missouri, School Dist. Washington v. Washington Commercial Passenger Fishing Vessel Assn., As I discuss below, I do not think this possibility is in reality a significant one. The mandate of the Court of Appeals issued on October 14. School Dist. U.S. 274, 280 Gonzalez v. Southern Pacific Transportation Co., 773 F.2d 637, 639 (CA5 1985); Eleventh Circuit Rule 35-6. Ibid. Unlike these other courts, the Eighth Circuit has endorsed judicial taxation, first in dicta from cases in which taxation orders were in fact disapproved. [495 The question is whether a district court possesses a power to tax under federal law, either directly or through delegation to the KCMSD. 1978), and KCMSD filed a cross-claim against the State, seeking indemnification for any liability that might be imposed on KCMSD for intradistrict segregation. Cf. for Cert. Pp. Local government bodies in Missouri, as elsewhere, must derive their power from a sovereign, and that sovereign is the State of Missouri. often used to encourage voluntary movement of students within the district in a pattern that aids desegregation. The court rejected various proposals by the State to make "capital improvements necessary to eliminate health and safety hazards and to provide a good learning environment," because these proposals failed to "consider the criteria of suburban comparability." (1979); Dayton Bd. As was said in another context, "[t]he very complexity of the problems of financing and managing a . v. Varsity Brands, Inc. X, Brief for Petitioner at 15-16. The State filed a petition for certiorari within 90 days of the October 14, 1988, order, which was granted, limited to the question of the property tax increase. The case raises two im-portant issues: constitutional federalism concerns of the sort dealt with in the Court's opinion, and broader questions about the prac- To the contrary, 1983 is authority enough to require each tortfeasor to pay its share of the cost of a remedy if it can, and apportionment of the cost is part of the District Court's equitable powers. . (1964). U.S. 209 similarly styled petitions by other parties seeking to intervene, and issued its mandate. 1983, on which respondents' complaint is based, is authority enough to require each tortfeasor to pay its share of the cost of the remedy if it can, and apportionment of the cost is part of the equitable power of the District Court. 4 In fact, the taxation power is sought here on behalf of a remedial order unlike any before seen. 484 The District Court's approval of the levy was necessary because the Court of Appeals had required it to establish a maximum for the levy. In such cases, of which Pink was one, "no . "The judiciary . 1983, the District Court found that the Kansas City, Missouri, School District (KCMSD) and petitioner State had operated a segregated school system within the KCMSD. 433 Leggett v. Liddell, 2 [495 -281 (1977). , we stated that the enforcement of a money judgment against the State did not violate principles of federalism because "[t]he District Court . Fed. 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. 1987). According to the Clerk, the 90-day period in which Jackson County could petition for certiorari began to run on August 19, 1988, and expired on November 17, 1988. (emphasis added). The Court of Appeals reasoned that permitting the school board to set the levy itself would minimize disruption of state laws and processes and would ensure maximum consideration of the views of state and local officials. See, e. g., United States v. Buljubasic, 828 F.2d 426 (CA7 1987). ] The District Court authorized $12,972,727 for operation of the six magnet schools and $12,877,330 for further capital improvements at those schools. Cf. State laws, including taxation provisions legitimate and constitutional in themselves, define the power of the KCMSD. The modifications ordered by the Court of Appeals cannot be assailed as invalid under the Tenth Amendment. 164.013.1 (Supp. We presume that the Eighth Circuit withheld the mandate United States United States District Courts. 1961). Missouri v. Jenkins, 515 U.S. 70 (1995), is a case decided by the United States Supreme Court. I cannot acquiesce in the majority's statements on this point, and should there arise an actual dispute over the collection of taxes as here contemplated in a case that is not, like this one, premature, we should not confirm the outcome of premises adopted with so little constitutional justification. The attorneys in the case pursued compensation from Missouri for theirs and their paralegals' services. It also approved the $142,736,025 budget proposed by KCMSD for implementation of the magnet school plan, as well as the expenditure of $52,858,301 for additional capital improvements. (1906); Wolff v. New Orleans, Forcing citizens to make financial decisions in fear of the fledgling judicial tax collector's next misstep must detract from the dignity and independence of the federal courts. 11. Ante, at 56, n. 20. The State strenuously opposed efforts by respondents to make it responsible for the cost of implementing the order and had secured a reversal of the District Court's earlier decision placing on it all of the cost of substantial portions of the order. Furthermore, if the District Court had chosen the route now suggested by the State, implementation of the remedial order might have been delayed if the State resisted efforts by KCMSD to obtain contribution. Especially where those institutions are ready, willing, and - but for the operation of state law curtailing their powers - able to remedy the deprivation of constitutional rights themselves. The Jacksonian Era to the Civil War, 1835-1865, From Reconstruction to the New Deal: 1866-1934, Federalism, Separation of Powers, and National Security in the Modern Era, Liberty, Equality, and Fundamental Rights: The Constitution, the Family, and the Body, The Constitution in the Modern Welfare State, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). The sheer immensity of the programs encompassed by the district court's order - the large number of magnet schools and the quantity of capital renovations and new construction - are concededly without parallel in any other school district in the country." . The District Court should have made more findings to determine whether the KCMSDs student population was a result of vestiges of past discrimination. in order to fund a state bond obligation); Board of Commissioners of Knox County v. Aspinwall, 24 How. . Contractors of America v. Jacksonville, Parents Involved in Community Schools v. Seattle School District No. This Court's Rule 30.2. U.S. 33, 81]. U.S. 248 The Court of Appeals agreed with the State, however, that the District Court had failed to explain adequately why it had imposed most of the cost of the desegregation plan on the State. 376 (1861) (state statute gave tax officials authority to levy the tax needed to satisfy a bond obligation and explicitly required them to do so; mandamus was proper to compel performance of this "plain duty" under state law). The court issued an order detailing a desegregation remedy and the financing necessary to implement it. Consequently, Rule 35(c) specifically provides that the filing of a suggestion for But in the context of this dispute, it is of vital importance to note the KCMSD demonstrated little concern for the fiscal consequences of the remedy that it helped design. . Plaintiffs alleged that the State, the surrounding suburban school districts (SSD's), and [ MISSOURI v. On this questionable basis, the Court today would give authority for decisions that affect the life plans of local citizens, the revenue available for competing public needs, and the health of the local economy. Instead, the court and the KCMSD decided to make a magnet of the district as a whole. Kelley v. Metropolitan County Bd. [495 Cf. [495 421 (WD Mo. 19 (W.D.Mo. As explained supra, at 43, the Court of Appeals held that the District Court in the future should authorize KCMSD to submit a levy to the state tax collection authorities adequate to fund its budget and should enjoin the operation of state laws that would limit or reduce the levy below that amount. Fields, Assistant Attorney General, and David R. Boyd.

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