Warren E. Burger: Opinion in Milliken v. Bradley(1974)
Explanation and Analysis of the Document
In the unanimous 1954 opinion in Brown v. Board of Education, authored by Earl Warren, the Supreme Court held that legally enforced segregation of schools by race was a violation of the equal protection clause of the Fourteenth Amendment. In a second opinion in the same case, commonly referred to as Brown II, the Court considered ways to remedy past segregation but, while outlining various considerations, decided to leave those matters to the district courts that would conduct local trials. Under Burger, the Court preserved Brown and generally carried forward its mandate. For example, in Swann v. Charlotte-Mecklenburg Board of Education (1971), the Court unanimously affirmed the decision of the district court that required the redrawing of school attendance zones and the use of busing as a remedy to create a racial mix at each school approximating the district's racial composition.
In Milliken, however, the Court denied a plan...
Warren E. Burger (Library of Congress)View Full Size