Milliken v. Bradley

PETITIONER: William G. Milliken, Governor of Michigan et al.
RESPONDENT: Ronald Bradley et al.
LOCATION: Eastern District Court of Michigan

DOCKET NO.: 76-447
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Sixth Circuit

CITATION: 433 US 267 (1977)
ARGUED: Mar 22, 1977
DECIDED: Jun 27, 1977

ADVOCATES:
Frank J. Kelley - Attorney General of Michigan, argued the cause for the petitioners
George T. Roumell, Jr. - argued the cause for the respondent, District Board of Education
Nathaniel R. Jones - argued the cause for the Bradley respondents

Facts of the case

In _Milliken v. Bradley (1973) _, the Court ruled that an inter-district desegregation plan in the city of Detroit was impermissible and remanded the case to the United States District Court for the Eastern District of Michigan. The District Court ordered remedial education programs be instituted within the Detroit school district, and that the State of Michigan would bear half the costs of the remedial programs. The state of Michigan challenged the District Court order, which was affirmed by the United States Court of Appeal for the Sixth Circuit.

Question

(1) Can a federal district court order remedial education programs for students who had been subjected to segregation?

(2) Can a federal district court order the state of Michigan to bear some of the costs of the remedial programs without violating Michigan's immunity from suit established by the Eleventh Amendment?

Media for Milliken v. Bradley

Audio Transcription for Oral Argument - March 22, 1977 in Milliken v. Bradley

Audio Transcription for Opinion Announcement - June 27, 1977 in Milliken v. Bradley

Warren E. Burger:

I have the judgment and opinion for the Court to announce in 76-447, Milliken, the Governor of Michigan, against Bradley.

This case is here for the second time and for reasons stated and an opinion of the Court filed this morning, the judgment of the United States Court of Appeals for the Sixth Circuit is affirmed.

Mr. Justice Marshall filed a concurring opinion.

Mr. Justice Powell filed an opinion concurring in the judgment.