The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, February 27, 1974
Decision: Thursday, July 25, 1974
Issues: Civil Rights, Desegregation, Schools
Categories: education, race

Advocates

Robert H. Bork (Argued the cause for the United States as amicus curiae urging reversal)
J. Harold Flannery (Argued the cause for the respondents in all cases)
Nathaniel R. Jones (Argued the cause for the respondents in all cases)
Frank J. Kelley (Argued the cause for the petitioners in No. 73-434)
William M. Saxton (Argued the cause for the petitioners in Nos. 73-435 and 73-436)

Facts of the Case

A suit charging that the Detroit, Michigan public school system was racially segregated as a result of official policies was filed against Governor Milliken. After reviewing the case and concluding the system was segregated, a district court ordered the adoption of a desegregation plan that encompassed eighty-five outlying school districts. The lower court found that Detroit-only plans were inadequate. The U.S. Court of Appeals for the Sixth Circuit affirmed the metropolitan plan. This case was decided together with Allen Park Public Schools v. Bradley and Grosse Point Public School System v. Bradley.

Question

Did federal courts have the authority to impose a multi-district desegregation plan on schools outside the Detroit area?

Conclusion

In a 5-to-4 decision, 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. The Court noted that desegregation, "in the sense of dismantling a dual school system," did not require "any particular racial balance in each 'school, grade or classroom.'" The Court also emphasized the importance of local control over the operation of schools.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Milliken, 4 vote(s) against
Legal Provision: Equal Protection
Wrote the majority opinion
Burger
Wrote a dissent, joined Marshall's dissent, joined White's dissent
Douglas
Voted with the minority, joined Marshall's dissent, joined White's dissent
Brennan
Wrote a regular concurrence
Stewart
Wrote a dissent, joined Marshall's dissent
White
Wrote a dissent, joined White's dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Milliken v. Bradley, 418 U.S. 717 (1974),
available at: <http://www.oyez.org/cases/1970-1979/1973/1973_73_434/>
(last visited ).