Desegregation & Remedies
Notes

  1. Dean, University of Cincinnati College of Law, 1974-1978.
  2. See The Franchise.
  3. Brown v. Board of Education, 347 U.S. 483 (1954).
  4. An early and obvious example in Ohio is Clemons v. Board of Education of Hillsboro, 228 F.2d 853 (6th Cir 1956) cert. den., 350 U.S. 1006 (1956). Gerrymandered attendance zones used to maintain all-black elementary school, ironically named "Lincoln School."
  5. 418 U.S. 717 (1974). A chronological listing of the lower court reported opinions indicates the complexities: 433 F.2d 897 (1970), 438 F.2d 945 (22 Feb. 1971), 338 F. Supp. 582 (27 Sep. 1971), 468 F.2d 903 (23 Feb 1972), 345 F. Supp. 914 (14 Jun 1972), 487 F.2d 215 (1973), 519 F.2d 679 (19 Jun 1975), 402 F. Supp. 1096 (15 Aug 1975), 411 F. Supp. 943 (4 Nov. 1975), and 411 F. Supp. 19 (Dec. 1975). The district court was the Southern Division of the Eastern District of Michigan. In addition to the main litigation, certain suburban school districts unsuccessfully sought writs of prohibition or mandamus against the original trial judge, District Judge Stephen J. Roth, cert. den., 410 U.S. 954 (1973).
  6. Kelley v. Board of Education of the City of Nashville, 270 F.2d 209 (1959) cert. den., 361 U.S. 924 (1959). Reported opinions in the Middle District of Tennessee were 139 F. Supp. 578 (1956) and 159 F. Supp. 272 (1958).
  7. The panel was composed of Circuit Judge John D. Martin and District Judges Elmer D. Davies and William E. Miller.
  8. Kelley v. Board of Education, 139 F. Supp. 578 (M.D. Tenn 1956) per curiam. Judge William E. Miller was the District Judge to whom the case was remanded.
  9. Thomas I. Emerson, 2 Emerson, Haber & Dorsen's Political and Civil Rights in the United States 1252-1299 (4th ed. 1976).
  10. Summarized in Kelley v. Board of Education, 159 F. Supp. 272, 274 (M.D. Tenn. 1958).
  11. 159 F. Supp. 272, 276 (M.D. Tenn. 1958). Tennessee's Pupil Assignment Law was specifically held to be unconstitutional in Northcross v. Board of Education of Memphis, 302 F.2d 818 (6th Cir. 1962) cert. den., 370 U.S. 944 (1962).
  12. 159 F. Supp. 272, 278 (M.D. Tenn. 1958).
  13. "Grade-a-year" plans were held too slow in Rogers v. Paul, 382 U.S. 198 (1965), involving schools in Ft. Smith, Ark. "Free transfer" plans were held invalid in Monroe v. Board of Commissioners of Jackson, Tennessee, 391 U.S. 450 (1968) vacating in part 380 F.2d 955 (6th Cir. 1968). Opinions in this case in the Western District of Tennessee are reported in 221 F. Supp. 968 (1963), 229 F. Supp. 580 (1964), 244 F. Supp. 353 (1965), 269 F. Supp. (1965).
  14. Kelley v. Board of Education of the City of Nashville, 270 F.2d 209, 215 (6th Cir. 1959)
  15. Id. at 211. Besides Judge McAllister, others on the panel were Senior Circuit Judge Florence E. Allen and District Judge Emett C. Choate, Southern District of Florida, sitting by designation.
  16. See New York Times, 31 August 1956; 1& 2 September 1956; 28 July 1957; William R. Manchester, The Glory and the Dream: A Narrative History of America, 1932-1972, 2 (1974): 905-906.
  17. McSwain v. County Board of Education, 138 F. Supp. 570 (E.D. Tenn. 1956).
  18. See Kasper v. Brittain, 245 F.2d 92 (6th Cir. 1957) cert. den. 355 U.S. 834 (1957) (affirming Kasper's contempt conviction growing out of his defiance of the District Court's order in August and September, 1956).
  19. Kasper v. United States, 265 F.2d 683, 688 (6th Cir. 1959) cert. den. 360 U.S. 932 (1959).  Affirmed Kasper's second conviction as well as those of six who worked with him.
  20. Kelley v. Board of Education of the City of Nashville, 270 F.2d 209 (6th Cir. 1959).
  21. Id. at 215.
  22. Reynolds Farley, "Population Trends and School Segregation in the Detroit Metropolitan Area." 21 Wayne Law Review 867 (1975). Discusses the specific situation confronting the District Court in Milliken.
  23. E.g., Kelley v. Board of Education, 436 F.2d (6th Cir. 1970) (a continuation of the Nashville case discussed earlier). See also Goss v. Board of Education, 373 U.S. 683 (1963), reversing in part 301 F.2d 164 (6th Cir. 1962) (Knoxville) and 301 F.2d 828 (6th Cir. 1962) (Davidson County, Tenn.).
  24. 369 F.2d 55 (1966), cert den. 389 U.S. 847 (1966), affirming 244 F. Supp. 572 (S.D. Ohio, W.D. 1965). When the case came to the Court of Appeals a second time, it reaffirmed this view, 419 F.2d 1387 (1969), cert. den. 402 U.S. 962 (1971).
  25. Keyes v. School District No. 1, 413 U.S. 189 (1973), but see Justice Powell's concurring opinion in Keyes urging that the distinction between de facto and de jure segregation be abolished. The Court did find de jure segregation in Keyes.
  26. Supra, note 3.
  27. Davis v. School District, 443 F.2d 573 (1971), affirming 309 F. Supp. 734 (E.D. Mich. 1970).
  28. Supra, note 24.
  29. Housing patterns were a part of the district court's findings on segregation, 338 F. Supp. 582, 587 (1971), but this point was disavowed by the Sixth Circuit, 484 F.2d 215, 242 (1973).
  30. Housing patterns were a part of the district court's findings on segregation, 338 F. Supp. 582, 587 (1971), but this point was disavowed by the Sixth Circuit, 484 F.2d 215, 242 (1973).
  31. Judge Roth asked several witnesses "How do you desegregate a black city or a black school system?" 418 U.S. 717, 728 n. 8.
  32. 338 F. Supp. 582.
  33. In January, 1972, in another case the first multi-district remedy was ordered. Bradley v. School Board of the City of Richmond, 338 F. Supp. 67 (E.D. Va. 1972). This order was subsequently reversed by the Court of Appeals, 462 F.2d 1058 (4th Cir. 1972). The Court of Appeals was affirmed by an equally divided Supreme Court, 412 U.S. 92 (1973).
  34. 345 F. Supp. 914 (1972).
  35. William R. Grant, "The Detroit School Case: An Historical Overview." 21 Wayne Law Review 851 (1975).
  36. This enactment was one basis for the plaintiffs' claim that the State of Michigan had participated in segregating the Detroit schools.
  37. Grant, "The Detroit School Case: An Historical Overview." 21 Wayne Law Review 865 (1975).
  38. 484 F.2d 215 (1973). The en banc court reached the same conclusion of that of a panel which heard the case in August, 1972.
  39. 418 U.S. 717 (1974).
  40. See also the criticism of Judge George C. Edwards in a concurring opinion at a later stage in the case involving an order to buy 150 buses, 519 F.2d 679 (1975).
  41. Milliken was widely discussed in the law reviews. See William L. Taylor, "The Supreme Court and Urban Reality: A Tactical Analysis of Milliken v. Bradley." 21 Wayne Law Review 751 (1975); Notes, 43 University of Cincinnati Law Review 922 (1974), 69 Northwestern University Law Review 799 (1974).
  42. Newburg Area Council, Inc. v. Board of Education, 510 F.2d 1358 (1974) cert. den. 421 U.S. 931 (1975).