MARSHALL, J., Concurring and Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

429 U.S. 252

Village of Arlington Heights v. Metropolitan

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

MR. JUSTICE MARSHALL, with whom MR. JUSTICE BRENNAN joins, concurring in part and dissenting in part.

I concur in Parts I-III of the Court's opinion. However, I believe the proper result would be to remand this entire case to the Court of Appeals for further proceedings consistent with Washington v. Davis, 426 U.S. 229 (1976), and today's opinion. The Court of Appeals is better situated [p272] than this Court both to reassess the significance of the evidence developed below in light of the standards we have set forth and to determine whether the interests of justice require further District Court proceedings directed toward those standards.