Milliken v. Bradley
1974 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Milliken v. Bradley, 418 U.S. 717 (1974), was a significant United States Supreme Court case dealing with the planned desegregation busing of public school students across district lines among 53 school districts in metropolitan Detroit.[1] It concerned the plans to integrate public schools in the United States following the Brown v. Board of Education (1954) decision.[2]
Milliken v. Bradley | |
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Argued February 27, 1974 Decided July 25, 1974 | |
Full case name | Milliken, Governor of Michigan, et al. v. Bradley, et al. |
Citations | 418 U.S. 717 (more) 94 S. Ct. 3112; 41 L. Ed. 2d 1069; 1974 U.S. LEXIS 94 |
Case history | |
Prior | Bradley v. Milliken, 433 F.2d 897 (6th Cir. 1970); 438 F.2d 945 (6th Cir. 1971); 338 F. Supp. 582 (E.D. Mich. 1971); 345 F. Supp. 914 (E.D. Mich. 1972); affirmed, 484 F.2d 215 (6th Cir. 1973); cert. granted, 414 U.S. 1038 (1973). |
Subsequent | On remand, Bradley v. Milliken, 402 F. Supp. 1096 (E.D. Mich. 1975); affirmed and remanded, 540 F.2d 229 (6th Cir. 1976); cert. granted, 429 U.S. 958 (1976); affirmed, 433 U.S. 267 (1977). |
Holding | |
The Court held that "[w]ith no showing of significant violation by the 53 outlying school districts and no evidence of any interdistrict violation or effect," the district court's remedy was "wholly impermissible" and not justified by Brown v. Board of Education (1954). | |
Court membership | |
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Case opinions | |
Majority | Burger, joined by Stewart, Blackmun, Powell, Rehnquist |
Concurrence | Stewart |
Dissent | Douglas |
Dissent | White, joined by Douglas, Brennan, Marshall |
Dissent | Marshall, joined by Douglas, Brennan, White |
Laws applied | |
U.S. Const. amend. XIV |
The ruling clarified the distinction between de jure and de facto segregation, confirming that segregation was allowed if it was not considered an explicit policy of each school district. In particular, the Court held that the school systems were not responsible for desegregation across district lines unless it could be shown that they had each deliberately engaged in a policy of segregation. The case did not expand on Swann v. Charlotte-Mecklenburg Board of Education (1971),[3] the first major Supreme Court case concerning school busing.