Since Brown v. Board of Education declared in 1954 that "separate but equal" schools violate the Fourteenth Amendment's Equal Protection Clause, federal district courts have implemented remedial decrees to eliminate the vestiges of past de jure segregation Despite the Supreme Court's numerous attempts at clarification, the remedial task is still marked by much ambiguity and broad judicial discretion. Missouri v. Jenkins (Jenkins II) provides the latest example of the Court's reanalysis of the desegregation issue. Despite placing subtle limits on the trial court's equitable discretion, Jenkins II still leaves this broad judicial discretion and the vague legal standards intact.
Supreme Court's Reanalysis of School Desegregation Remedial Decrees: Is the Majority Placing Subtle Limits on the Trial Court's Vast Equitable Discretion, The,
61 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol61/iss3/7