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93-1823-CONCUR

MISSOURI v. JENKINS 27

notion that simple because a school district today is black it must be educationally inferior.

Even if segregation were present, we must remember that a deserving end does not justify all possible means. The desire to reform a school district, or any other institution, cannot so captivate the Judiciary that it forgets its constitutionally mandated role. Usurpation of the traditionally local control over education not only takes the judiciary beyond its proper sphere, it also deprives the States and their elected official of their constitutional powers. At some point, we must recognize that the judiciary is not omniscient, and that all problems do not require a remdy of consitutional proportions.

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