The U.S. Supreme Court case Missouri v. Jenkins, 1988, revolved around the issue of desegregation in Kansas City public schools. The District Court had previously ordered a tax increase to fund remedial programs and improvements aimed at achieving racial balance within the district's schools, as it was found that segregation persisted due to state-imposed laws. However, on appeal by the State of Missouri, the Supreme Court ruled in a 5-4 decision that federal courts do not have authority to directly impose tax levies - this power lies with local and state governments under their constitutional taxing powers. While acknowledging that federal courts can mandate certain actions be taken to remedy violations of constitutional rights (like school desegregation), they cannot dictate specific fiscal measures such as taxation for funding these remedies.

In the dissenting opinion for Missouri v. Jenkins, Justice Brennan argued that the majority's decision was a departure from established precedent regarding desegregation and education rights. He contended that by focusing on state lines rather than ensuring equal educational opportunities, the Court had failed to address systemic racial discrimination in public schools effectively. Furthermore, he criticized the majority's narrow interpretation of "inter-district violation" and "inter-district remedy," arguing it undermined efforts to achieve meaningful integration across district boundaries. He also disagreed with their assertion that suburban districts were not liable for segregation within Kansas City because they did not cause it directly; instead, he believed they contributed indirectly through housing policies promoting residential segregation. Lastly, Brennan expressed concern over how this ruling might discourage future attempts at comprehensive desegregation plans.