83

142 MISSOURI v. JENKINS

SOUTER, J., dissenting

F. Supp. 400, 405-408 (WD Mo. 1987); 1 App. 133-134 (Order
of Nov. 12, 1986); Jenkins, 639 F. Supp., at 39-41. The Dis-
trict Court found that magnet schools would not only serve
to remedy the deficiencies in student achievement in the
KCMSD, but would also assist in desegregating the district
by attracting white students back into the school system.
See, e.g., 1 App. 118 (Order of June 16, 1986) ("[C]ommit-
ment, when coupled with quality planning and sufficient re-
sources can result in the establishment of magnet schools
which can attract non-minority enrollment as well as be an
integral part of district-wide improved student achieve-
ment"); see also Jenkins v. Missouri, 855 F. 2d 1295, 1301
(CA8 1988) ("The foundation of the plans adopted was the
idea that improving the KCMSD as a system would at the
same time compensate the blacks for the education they had
been denied and attract whites from within and without the
KCMSD to formerly black schools").

The district Court, finding that the physical facilities in
the KCMSD had "literally rotted," Jenkins, 672 f. Supp., at
411, similarly grounded its orders of capital improvements in
the related remedial objects of improving student achieve-
ment and desegregating the KCMSD. Jenkins, 639 F.
Supp., at 40 ("The imprvement of school facilities is an im-
portant factor in the overall success of this desegregtion
plan. specifically, a school facility which presents safety and
health hazards to its students and faculty serves both as an
obstacle to education as well as to maintaining and attracting
non-minority enrollment. Further, conditions which impede
the creation of a good learning cliate, such as heating defi-
ciencies and leaking roofs, reduce the effectiveness of the
quality eduction components contained in this plan"); see
also Jenkins, 855 F. 2d, at 1305 ("[T]he capital improvements
(are) required both to improve the education available to the
victims of segregation as well as to attract whites to the
schools").