Legal

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.

Tags: edited by Port1080, written by MayorBob, racial discrimination, Supreme Court, Brown v. Board of Education, racial diversity (all tags)

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The Chain of Segregation

skeptic.

Tue Jul 03, 2007 at 08:53:30 AM EST

4.00 (astute)

If no one is actually excluded from any school on the basis of race, and if people therefore can attend the school that is most conveniently located in the neighborhood where they live, and if no one is excluded from living in any given neighborhood on the basis of race, and if no one is excluded from any line of work on the basis of race, thereby giving everybody an equal opportunity to earn the money that they would need to buy the house that they want in the neighborhood in which they want to live, then we pretty much have equal opportunity for people of all races.

But then, you might argue, people who, in earlier days when racial segregation was the official policy in many places, were excluded from good schools on the basis of race and who therefore did not get a good education, are not able to get the good jobs which they need to buy houses in good neighborhoods where their children can then attend good schools and get the good educations that they need in order to get good jobs (etc.).  That's true as well, and this was part of the whole strategy that was used to disenfranchise African Americans in the century following the Civil War, when many people were unwilling to see their former slaves suddenly granted equal social status with themselves.  However, a lot has changed since the civil rights movement in the 1960's, and today there has been enough social (and legal) progress that African Americans who do have ability and do want to advance themselves educationally, professionally, or socially, do have the opportunity to do so without having to rely on racial quotas.  At this time, it is enough to prohibit racial discrimination, and it should not be necessary to use racial quotas to overcome the discrimination of the past.  Or so I believe.  

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Re: Now That We've Decided In Favor Of (Color) Bli

thefadd.

Mon Jul 02, 2007 at 04:40:35 PM EST

none

Weirdly, I don't think this decision is all that out of step with the reality of the direction of education today. "Desegregation" as it currently exists doesn't actually desegregate and just as importantly hasn't made poor urban schools any better. Perhaps this will roil some people, though, and gets efforts re-focussed. The cuts Reagan was allowed to make and Clinton made little effort to reverse have been the real hurdle educators have had to overcome in my generation.

make it rain you nappy headed ho's

3

^ 1

Re: Now That We've Decided In Favor Of (Color) Bli

Steve Urkel.

Tue Jul 03, 2007 at 04:35:46 PM EST

none

What cuts?

4

^ 3

Re: Now That We've Decided In Favor Of (Color) Bli

Lou.

Tue Jul 03, 2007 at 05:31:11 PM EST

4.00 (funny)

"What cuts?"

Hush up and finish your ketchup.

It's the end of the world as we know it, and I feel fine

5

Re: Now That We've Decided In Favor Of (Color) Bli

joshv.

Fri Jul 06, 2007 at 11:30:13 AM EST

none

Thinking back to my high school experience, "busing" actually made my school whiter.  We had two high schools, one in the "good" part of town, the other in the "bad".  I lived closer to the "black neighborhood", thus, if attendance was based solely on geography, my school would have been at least 75% black.  It was only about 30-40% black, because the rest of the black students were bussed to the high  school on the other side of the tracks.  I believe some of the richer white neighborhoods where also split between the two school districts, to balance things out.

I guess this avoided a there being a "ghetto" school in my town, but I can't say it much benefited the black students.  Sure, we had AP classes, but there were only about 30-40 students (all white), out of a class of 300, who were on the "college track", who took AP classes.

Really, it was only the intelligent, poorer white students who were the beneficiaries of this system.  Under de facto segregation, I doubt I there would have had access to quality AP classes, as there simply would not have been enough interest among the students from my area of town.  Perhaps that's a racist statement, but I am just projecting based on my experience.  There were no black students in my classes, and few of the white students in my classes came from my neighborhood.

In the end, I can only see this ruling reinforcing de facto geographical segregation, as those who care about their children's education will move away from the poorer (predominantly black) school districts.  But again, based on my experience, this won't amount to a mass migration as the "white flight" of the 60s had already created predominantly white collar communities with their own school districts.  

My guess is that in my home town's school system, very little will actually change, as they will probably find some socio-economic variables that are close proxies for race, and use those to maintain effectively the same racial balance in the school system.

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