MARSHALL, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

433 U.S. 267

Milliken v. Bradley

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

MR JUSTICE MARSHALL, concurring.

I wholeheartedly join THE CHIEF JUSTICE's opinion for the Court. My Brother POWELL's opinion prompts these additional comments.

What is, to me, most tragic about this case is that, in all relevant respects, it is in no way unique. That a northern school board has been found guilty of intentionally discriminatory acts is, unfortunately, not unusual. That the academic development of black children has been impaired by this wrongdoing is to be expected. And, therefore, that a program [p292] of remediation is necessary to supplement the primary remedy of pupil reassignment is inevitable.

It is, of course, true, as MR JUSTICE POWELL notes, that the Detroit School Board has belatedly recognized its responsibility for the injuries that Negroes have suffered, and has joined in the effort to remedy them. He may be right -- although I hope not -- that this makes the case "wholly different from any prior case," post this page. But I think it worth noting that the legal issues would be no different if the Detroit School Board came to this Court on the other side. The question before us still would be the one posed by the State: is the remedy tailored to fit the scope of the violation? And, as THE CHIEF JUSTICE convincingly demonstrates, that question would have to be answered in the affirmative in light of the findings of the District Court, supported by abundant evidence. Cf. Dayton Board of Education v. Brinkman, post at 414.