Brennan v. Armstrong

Background

This case involves the Milwaukee public school system and its School Board members. The District Court found that school officials had engaged in acts that created and maintained segregation, appointed a Special Master to develop a desegregation plan, and certified the liability question for appeal. The Court of Appeals reviewed the record and concluded the District Court’s finding of intentional segregation was not clearly erroneous.

Reasoning

The central question was what lower courts must do before ordering broad, systemwide remedies. The Supreme Court granted review, vacated the Court of Appeals’ judgment, and sent the case back for reconsideration in light of two recent precedents, Arlington Heights and Dayton. The Court instructed that lower courts must determine how much officials’ violations actually changed the racial makeup of schools and design remedies to redress only that difference; only a demonstrated systemwide impact justifies a systemwide remedy.

Real world impact

The immediate result is procedural: the appeals court must re-examine the record and apply the tests set out in the cited cases. The ruling signals that courts should measure the incremental segregative effect of officials’ actions before imposing broad remedies. The decision is not a final resolution of who ultimately wins on the merits; the outcome could change after reconsideration.

Dissents or concurrances

Justice Stevens (joined by Justices Brennan and Marshall) dissented, arguing the Court improperly used a summary disposition and should have left the Court of Appeals’ finding of intentional segregation intact rather than vacating it.