BRENNAN, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

446 U.S. 55

City of Mobile v. Bolden

APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

MR. JUSTICE BRENNAN, dissenting. ^[*]

I dissent because I agree with MR. JUSTICE MARSHALL that proof of discriminatory impact is sufficient in these cases. I also dissent because, even accepting the plurality's premise that discriminatory purpose must be shown, I agree with MR. JUSTICE MARSHALL and MR. JUSTICE WHITE that the appellees have clearly met that burden.

* [This opinion applies also to No. 7357, Williams et al. v. Brown et al., post, p. 236.]