Now That We've Decided In Favor Of (Color) Blind, Will We Move On To Deaf & Dumb Next Term?
MayorBob.
Posted to Legal on Mon Jul 02, 2007 at 12:25:09 PM EST (promoted by port1080). RSS.
They may end up calling this the 5-4 term of the Supreme Court of the US (SCOTUS). On the last two days of this year's session, SCOTUS issued seven 5-4 decisions; six veered rightward and one (involving the execution of a mentally ill killer) leaned leftward. One of the rightward leaning decisions raised legal questions most of us thought had been settled over 50 years ago. It was a challenge to voluntary school desegregation plans for two school districts - Seattle, Washington and Louisville, Kentucky. In both cases the school districts had used race as a determining factor in school assignments. With Justice Anthony Kennedy lining up (sort of) with four openly conservative justices, SCOTUS gave a thumb's down to both plans.
Both cases took some time to make it to SCOTUS; the challenge to Seattle's plan began back in 2000 and Louisville's plan was first challenged in 2002. Chief Justice John Roberts wrote the majority opinion of the combined cases (pdf doc). Roberts, joined by Justices Scalia, Thomas and Alito, observed that both school districts had "failed to provide the necessary support for the proposition that there is no other way than individual racial classifications to avoid racial isolation in their school districts." In the opinion of the Chief Justice "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race." That last was a bit too much for Justice Kennedy who offered his own opinion, although he voted with the majority. Kennedy observed that Roberts' opinion reads as if he "is at least open to the interpretation that the Constitution requires school districts to ignore the problem of de facto resegregation in schooling. I cannot endorse that conclusion."
Roberts insisted this opinion was true to the ruling in the landmark 1954 case Brown v. Board of Education of Topeka. That case was the case which marked the beginning of the end for segregation in the public schools of the US. This was a point not lost on Justice John Stevens who observed the logic behind this most current ruling was a "cruel irony" given that it represented a "complete rewriting of the history of one of this Court's most important decisions." Stevens said that had these cases been heard back in 1975 when he joined the Court "no member of the Court would have agreed with today's decision." Justice Stephen Breyer wrote that this decision strikes a direct blow at Brown v. Board and "is a decision that the court and the nation will come to regret." Justice Kennedy said his vote to side with the majority was informed by two facts: Seattle was never officially segregated by race and the court order desegregating Louisville's schools was no longer in effect.
The ruling effectively removes the use of race as a determining factor in school assignments and supports the Bush administration's opinion that schools must find "race neutral means" to resolve racial diversity issues. The group which challenged the school plan in Seattle expressed satisfaction at the decision with a spokesperson saying "the schools are for all of us." Public opinion in Seattle favored the majority opinion. At least one black legal organization roundly criticized the Court for its decision.
