Missouri v. Jenkins, 515 U.S. 70, 63 (1995)

Page:   Index   Previous  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  Next

162

MISSOURI v. JENKINS

Souter, J., dissenting

pense of another accepted norm of our appellate procedure. We have long adhered to the view that "[a] court of law, such as this Court is, rather than a court for correction of errors in factfinding, cannot undertake to review concurrent findings of fact by two courts below in the absence of a very obvious and exceptional showing of error." Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U. S. 271, 275 (1949); see also Branti v. Finkel, 445 U. S. 507, 512, n. 6 (1980) (referring to "our settled practice of accepting, absent the most exceptional circumstances, factual determinations in which the district court and the court of appeals have concurred"). The Court fails to show any exceptional circumstance present here, however: it relies on a "contradiction" that is not an obvious contradiction at all, and on an arbitrary "supposition" that " 'white flight' may result from desegregation, not de jure segregation," ante, at 95, a supposition said to be bolstered by the District Court's statement that there was "an abundance of evidence that many residents of the KCMSD left the district and moved to the suburbs because of the district's efforts to integrate its schools." 672 F. Supp., at 412.5

The doubtful contradiction is said to exist between the District Court's findings, on the one hand, that segregation caused white flight to the SSD's, and the Court of Appeals's conclusion, on the other, that the District Court " 'made specific findings that negate current significant interdistrict effects . . . .' " Ante, at 96, quoting Jenkins, 807 F. 2d, at 672. Any impression of contradiction quickly disappears, however, when the Court of Appeals's statement is read in context:

"[T]he [district] court explicitly recognized that [to consolidate school districts] under Milliken [I] 'there

5 Justice O'Connor also rests on supposition. See ante, at 113 ("In this case, it may be the 'myriad factors of human existence,' that have prompted the white exodus from the KCMSD . . .") (citation omitted).

Page:   Index   Previous  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  Next

Last modified: October 4, 2007