443 7 On January 10, 1989, the Clerk of the Eighth Circuit issued an order amending the order of October 14, 1988. The Court of Appeals affirmed most of the initial order, but ordered the lower court to divide the remedy's cost equally between the entities. The District Court's school desegregation orders, which required the State of Missouri to fund across-the-board salary increases and to continue to fund remedial education programs, went beyond the court's remedial authority. amend. U.S. 33, 42] However wide the discretion of local authorities in fashioning desegregation remedies may be, "if a state-imposed limitation on a school authority's discretion operates to inhibit or obstruct the operation of a unitary school system or impede the disestablishing of a dual school system, it must fall; state policy must give way when it operates to hinder vindication of federal constitutional guarantees." San Antonio Independent School Dist. To hold otherwise would fail to take account of the obligations of local governments, under the Supremacy Clause, to fulfill the requirements that the Constitution imposes on them. for Cert. The Eighth Circuit Court of Appeals affirmed. The citizens who are taxed are given notice and a hearing through their representatives, whose power is a direct manifestation of the citizens' consent. -55 (1973). U.S. 170 Id., at 413. 406 United States District Courts. The Court states that the KCMSD was "invested with authority to collect and disburse the property tax." [495 The Eighth Circuit surely knows On June 14, 1985, the district court entered its first order for the desegregation of the Kansas City, Missouri, School District. KENNEDY, J., filed an opinion concurring in part and concurring in the judgment, in which REHNQUIST, C.J., and O'CONNOR and SCALIA, JJ., joined, post, p. 495 U. S. 58. Barnes Asst. 10 (1).docx - Alyssa Barnes Case Brief- Week This is true as well of the problems of financing desegregation, for no matter has been more consistently placed upon the shoulders of local government than that of financing public schools.
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