1987). 18 No. (1964)), the court ordered the KCMSD property tax levy raised from $2.05 to $4.00 per $100 of assessed valuation through the 1991-1992 fiscal year. See n. 13, supra. 317 KCMSD, which had been ordered by the Court to finance 25% of the plan, could not pay its share due to state constitutional and statutory provisions placing a cap . Over the years, it ordered a range of quality education programs, grants to schools, magnet schools, and capital improvement plans. (1915). process by preventing a local government from implementing that remedy. A limited grant of certiorari is not a means by which the Court can pose for itself FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. This exception also has no application to this case, where there are state and local officials invested with authority to collect and disburse the property tax and where, as matters now stand, the District Court need only prevent those officials from applying state law that would interfere with the willing levy of property taxes by KCMSD. Respondents argue that accepting the Eighth Circuit's interpretation of its October 14 order in this case risks confusion in future cases and invites the lower courts to pick and choose between those parties whose "petitions for rehearing in banc" they view favorably and wish to give additional time for seeking review in this Court, and those whose petitions they wish to give no such aid. School Dist. U.S. 816 128 But there was an alternative, the very one outlined by the Court of Appeals: it could have authorized or required KCMSD to levy property taxes at a rate adequate to fund the desegregation remedy and could have enjoined the operation of state laws that would have prevented KCMSD from exercising this power. The United States Supreme Court granted certiorari. We have emphasized that although the "remedial powers of an equity court must be adequate to the task, . U.S. 206 495 U.S. 52-58. for Cert. 433 See 672 F. U.S. 336, 340 Missouri v. Jenkins (Jenkins II) | Case Brief for Law Students [ [495 Since Department of Banking of Nebraska v. Pink, [495 A federal courts power to remediate school segregation is bounded by the nature and scope of the initial constitutional violation. (Rehnquist, C.J.) (1963); Western Pacific Railroad Case, Fed. 1). All rights reserved. Proc. U.S. 33, 43], Although the Court of Appeals thus "affirm[ed] the actions that the [District] [C]ourt has taken to this point," id., at 1314, it agreed with the State that principles of federal/state comity required the District Court to use "minimally obtrusive methods to remedy constitutional violations." United States v. Missouri, 515 F.2d 1365, 1372-1373 (1975) (District Court may "implement its desegregation order by directing that provision be made for the levying of taxes"); Liddell v. Missouri, 731 F.2d 1294, 1320, cert. In calculating the hourly rates for Benson's, his associates', and the LDF attorneys' fees, the District Court took account of delay in payment by using current market rates, rather than those applicable at the time the services were rendered. No one suggests the KCMSD taxpayers are parties. Evans v. Buchanan, 582 F.2d 750 (1978), cert. 365 A subsequent order directed that the revenues generated by the property tax increase be used to retire the capital improvement bonds. The district courts order implies that black children cannot succeed unless they go to school with white children. This 90-day limit is mandatory and jurisdictional. 2d 229 (1989) Parties: Benson and The NAACAP Legal Defense and Educational Fund & The State of Missouri Issue: 1. 215 It adopted a comprehensive magnet school program in order to draw nonminority students from private schools and the suburban districts into city district schools, and subsequently ordered salary assistance that was eventually extended to virtually all of the city district's instructional and noninstructional employees. The Court's discussion today, and its stated approval of the "method for future funding" found "preferable" by the Court of Appeals, is unnecessary for the decision in this case. 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. It is true that the Court of Appeals went on "to consider the procedures which the district court should use in the future." . -542 (1931). Missouri v. Jenkins is one piece of the complex puzzle of litigation involving the desegregation of the . U.S. 33, 52] The mandate of the Court of Appeals issued on October 14. [495 The remedy must therefore be related to the condition alleged to offend the Constitution. They insist that the Eighth Circuit cannot, post hoc, amend its order to make it appear that it took an action which it never took. Some essential litigation history is necessary for a full understanding of what is at stake here and what will be wrought if the implications of all the Court's statements are followed to the full extent. which to guide or review them. 503. Any argument that the remedy chosen by the District Court was the only one possible is in fact unsupportable in light of our previous cases. The court issued an order detailing a desegregation remedy and the financing necessary to implement it. See National City Bank v. Battisti, 581 F.2d 565 (CA6 1977); Plaquemines Parish School Bd. An important part of the district court remedy included the implementation of a magnet . for Cert. Desegregation of schools involves ending intentional segregation, but does not mean that minority and nonminority students must attend the same schools. 377 It is therefore clear that a local government with taxing authority may be ordered to levy taxes in excess of the limit set by state statute where there is reason based in the Constitution for not observing the statutory limitation. 1651, 1666, 109 L.Ed.2d 31 (1990), another case involving school desegregation, the Court held, "Even though a particular remedy may not be required in every case to vindicate constitutional guarantees, where (as here) it has been found that a particular remedy is required, the State cannot hinder the process by preventing a local government . The operation of tax systems is among the most difficult aspects of public administration. Missouri v. Jenkins - Wikipedia The district itself is over two-thirds black, so it is unsurprising that some of the schools are also predominately black. Cf. X, Hubert v. Mayor and Council of New Orleans, v. Rodriguez, Under Freeman v. Pitts, three factors inform a courts discretion on continuing a decree to remediate school discrimination: (i) whether compliance exists with those parts of the decree where federal intervention is to be withdrawn; (ii) whether judicial control is necessary to achieve compliance with other parts of the school system; and (iii) whether the district has shown a good-faith adherence to the decree. Supp., at 411. As a result, the District Court began to order remedial measures. [495 [495 More important, this possibility is nothing more or less than the necessary consequence of any limit on judicial power. Back in 1977, the Federal District Court presided over a seven-month trial between a class of present and future students of the KCMSD as plaintiffs, and the State of Missouri and the KCMSD as defendants. power that is theirs to levy taxes to raise funds adequate to reopen, operate, and maintain without racial discrimination a public school system." 88-1150 Decided by Rehnquist Court Lower court United States Court of Appeals for the Eighth Circuit Citation 495 US 33 (1990) Argued Oct 30, 1989 Decided Apr 18, 1990 The function of hiring and supervising a staff for what is essentially a political function has other complications. 443 million in capital improvement bonds. 13 These cases hold that where there is no state or municipal taxation authority that the federal court may by mandamus command the officials to exercise, the court is itself without authority to order taxation. The Federalist No. . Abood v. Detroit Bd. 103 U.S. 33, 76] Oral Argument - January 11, 1995. . 14 Both Benson and the LDF employed numerous paralegals, law clerks, and recent law graduates, and the court awarded fees for their work based on market rates, again using current, rather than historic rates, in order to compensate for the delay in payment. An initial finding of discrimination cannot be used as the basis for a wholesale shift of authority over day-to-day school operations from parents, teachers, and elected officials to an unaccountable district judge whose province is law, not education. . Unlike these other courts, the Eighth Circuit has endorsed judicial taxation, first in dicta from cases in which taxation orders were in fact disapproved. U.S. 33, 70] 1 A desegregation order was issued by the court including details of how to remedy the situation and the financial . ] We note that the Federal Rules of Appellate Procedure and 28 U.S.C. 78, p. 523 (J. Cooke ed. (1881) (same). The Court cites a single case, Von Hoffman v. City of Quincy, 4 Wall. The Eighth Circuit, unlike other Circuits, does not have a published practice of treating all suggestions for rehearing in banc, no matter how styled, as containing both petitions for panel rehearing and suggestions for rehearing in banc. One of the would-be intervenors filed with this Court an application for extension of time to file a petition for certiorari 78 days after the issuance of the order denying rehearing and 134 days after the entry of the Court of Appeals' judgment. [495 U.S. 1, 54 v. United States, 415 F.2d 817 (CA5 1969). fact, had the very alternative outlined by the Court of Appeals. Email Address: Language links are at the top of the page across from the title. Second, it was held that the writ of mandamus would not lie to compel the collection of taxes when there was no person against whom the writ could operate. Taxation by a legislature raises no due process concerns, for the citizens'"rights are protected in the only way that they can be in a complex society, by their power, immediate or remote, over those who make the rule." Pp. It appears to us that the Court of Appeals interpreted and actually treated the State's papers as including a petition for rehearing before the panel. On remand, however, the District Court held that the State and KCMSD were 75% and 25% at fault, respectively, ordered them to share the cost of the remedy in that proportion, and held them jointly and severally liable. The United States District Court for the Western District of Missouri imposed an increase in the property taxes levied by the Kansas City, Missouri, School District (KCMSD) to ensure funding for the desegregation of KCMSD's public schools. Id., at 76a. The State argues that the funding ordered by the District Court violates principles of equity and comity because the remedial order itself was excessive. Davis v. Michigan Dept. [495 were David S. Tatel, Walter A. Smith, Jr., Patricia A. Brannan, Shirley W. Keeler, Arthur A. Benson II, James S. Liebman, Julius L. Chambers, James M. Nabrit III, Theodore M. Shaw, and Norman J. Chachkin. Decided April 18, 1990. . . It is accepted by all the parties, as it was by the courts below, that the imposition of a tax increase by a federal court was an extraordinary event. First, it was held that federal courts could not by writ of mandamus compel state officers to release funds in the state treasury sufficient to satisfy state bond obligations. Missouri v. Jenkins, 491 U. S. 274, 276 (1989) (Jenkins I). U.S. 33, 71] . Missouri v. Jenkins, 491 U.S. 274, 285, 109 S.Ct. See id., at 1299 ("[W]e modify [the order's] future operation to more closely comport with limitations upon our judicial authority"); id., at 1318 ("We . U.S. 744 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. Perhaps it is good educational policy to provide a school district with the items included in the KCMSD capital improvement plan, for example: high schools in which every classroom will have air conditioning, an alarm system, and 15 microcomputers; a 2,000-square-foot planetarium; greenhouses and vivariums; a 25-acre farm with an air-conditioned meeting room for 104 people; a Model United Nations wired for language translation; broadcast capable radio and television studios with an editing and animation lab; a temperature controlled art gallery; movie editing and screening rooms; a 3,500-square-foot dust-free diesel mechanics room; 1,875-square-foot elementary school animal rooms for use in a zoo project; swimming pools; and numerous other facilities. . [495 -386 (1908). Const., Art. U.S., at 291 On October 14, 1988, the Court of Appeals denied this and two

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