In 1987 Judge Russell Clark mandated tax increases to help pay for
improvements to the Kansas City, Missouri, School District in an
effort to lure white students and quality teachers back to the
inner-city district. Yet even after increasing employee salaries
and constructing elaborate facilities at a cost of more than $2
billion, the district remained overwhelmingly segregated and
student achievement remained far below national averages.
Just eight years later the U.S. Supreme Court began reversing these
initiatives, signifying a major retreat from
Brown v. Board of
Education. In Kansas City, African American families opposed to
the district court's efforts organized a takeover of the school
board and requested that the court case be closed. Joshua Dunn
argues that Judge Clark's ruling was not the result of tyrannical
"judicial activism" but was rather the logical outcome of previous
contradictory Supreme Court doctrines. High Court decisions, Dunn
explains, necessarily limit the policy choices available to lower
court judges, introducing complications the Supreme Court would not
anticipate. He demonstrates that the Kansas City case is a model
lesson for the types of problems that develop for lower courts in
any area in which the Supreme Court attempts to create significant
change. Dunn's exploration of this landmark case deepens our
understanding of when courts can and cannot successfully create and
manage public policy.