Re:“No Defense of the Indefensible”: L.A. Judge Makes Landma...
by giantg2 on Monday April 26, 2021 @07:56AM
(#26941566)
In the case of school integration, the prior ruling under Brown was not being followed. That failure to follow that ruling then lead to a second judgement giving judges specific powers to force the correct implementation of Brown if the school districts had not done it themselves.
It's very odd to jump directly to writing detailed policy on a first judgment. Usually it's only that a specific policy is not allowed or general issue must be corrected. Usually it takes a failure of valid corrective policy to be implement for the courts to force a specific policy which they have devised.
Re:“No Defense of the Indefensible”: L.A. Judge Makes Landma...
by dragonwriter on Monday April 26, 2021 @04:44PM
(#26947866)
> It's very odd to jump directly to writing detailed policy on a first judgment
It is not at all unusual for preliminary injunctions, when they are issued at all, to include specific mandated interim actions to prevent or interrupt ongoing harm. That’s, in fact, the whole reason preliminary injunctions exist.
That’s…actually not all that true, especially in the case of systematic racial discrimination by local government. School integration, including bussing, is a pretty good example where policy was often dictated in fairly explicit detail by the courts.