In the case of Missouri v. Jenkins, the U.S. Supreme Court ruled in 1989 that federal courts had constitutional authority to require local governments to increase taxes if necessary to remedy segregation violations. The Kansas City, Missouri School District was found guilty of maintaining segregated schools and ordered by a district court judge to implement an expensive plan for desegregation including salary increases for staff, construction of new facilities and creation of magnet programs. When it became clear that existing resources were insufficient, the judge ordered state and local authorities to fund these remedies through tax levies which exceeded statutory limits set by Missouri law. This decision was appealed on grounds that it violated principles of federalism but upheld by both appellate court and Supreme Court justices who argued judicial power extended this far under exceptional circumstances where other efforts at compliance failed.

In the dissenting opinion for Missouri v. Jenkins, Justice Anthony Kennedy argued that the majority's decision to uphold a district court order requiring tax increases was an overreach of judicial authority. He contended that such decisions should be left to legislative bodies and not determined by courts. Furthermore, he expressed concern about the potential implications of this ruling on federalism principles and separation of powers doctrine as it could lead to similar interventions in other states' affairs. Additionally, he disagreed with the majority's view on desegregation remedies; while acknowledging past racial discrimination in Kansas City schools, he believed that focusing solely on creating "magnet" schools would not necessarily improve educational outcomes or promote integration effectively.