51

[page] 110 MISSOURI v. JENKINS

O'CONNOR, J., concurring

constitutional violation by affirmative acts intended to segregate the
races--e.g., where those districts "arrang[e] for white students
residing in the Detroit District to attend schools in
Oakland and Macomb Counties," id., at 746-747. Milliken
I of course permits interdistrict remedies in these instances
of interdistrict violations. Beyond that, interdistrict remedies
are also proper where "there has been a constitutional
violation within one district that produces a significant
segregative effect in another district." Id., at 745. Such
segregative effect may be present where a predominantly black
district accepts black children from adjacent districts, see
id., at 750, or perhaps even where the fact of intradistrict
segregation actually causes whites to flee the district,
cf. Gautreaux, 425 U.S., at 295, n. 11, for example, to avoid
discriminatorily underfunded schools--and such actions
produce regional segregation along district lines. In those
cases, where a purely intradistrict violation has caused a
significnt interdistrict segregative effect, certain interdistrict
remedies may be appropriate. Where, howver, the segregative
effects of a district's constitutional violation are contained
within that district's boundaries, there is no justification
for a remedy that is interdistrict in nature and scope.
Here, where the District Court found that KCMSD
students attended schools separated by their race and that
facilities have "literally rotted," Jenkins v. Missouri, 672
F. Supp. 400, 411 (WD Mo. 1987), it of course should order
restorations and remedies that would place previously
segregated black KCMSD students at par with their white
KCMSD counterparts. The District Court went further,
however, including schools that were not previously segregated;
these district-wide remedies may also be justified (the
State does not argue the point here) in light of the finding
that segregation in the schools of the KCMSD," Jenkins v.
Missouri, 639 F. Supp. 19, 24 (WD Mo. 1985). Such remedies