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In June 2007 the United States Supreme Court issued a narrow five to four ruling invalidating racial integration plans in Seattle, Washington and Louisville, Kentucky. appeals for the ninth circuit, CRYSTAL D. MEREDITH, custodial parent and next It has failed to explain why, in a district composed of a diversity of races, with fewer than half of the students classified as white, it has employed the crude racial categories of white and non-white as the basis for its assignment decisions. See Seattle School District, Ethnic Count 2005-2006, at 8. Today, they are not); post, at 66 (predicting further litigation, aggravating race-related conflict). all the civil rights that the superior race enjoy). 05908, at 36 (For Seattle, racial balance is clearly not an end in itself but rather a measure of the extent to which the educational goals the plan was designed to foster are likely to be achieved). Any use of race to distinguish one person from another threatens to stigmatize individuals and incite hostility. [Footnote 17] Instead, the dissent suggests that some combination of the development of these plans over time, the difficulty of the endeavor, and the good faith of the districts suffices to demonstrate that these stark and controlling racial classifications are constitutional. 1, supra, at 461; Hanawalt 40. 3, p.8 ([W]e take the unqualified position that the Fourteenth Amendment has totally stripped the state of power to make race and color the basis for governmental action); Tr. certiorari to the united states court of appeals for the ninth circuit, No. 1, p.5 (The Fourteenth Amendment precludes a state from imposing distinctions or classifications based upon race and color alone);[Footnote 20] see also In Memoriam: Honorable Thurgood Marshall, Proceedings of the Bar and Officers of the Supreme Court of the United States, X (1993) (remarks of Judge Motley) (Marshall had a Bible to which he turned during his most depressed moments. Jefferson County does not challenge our jurisdiction, Tr. Students are assigned to school based on the race makeup of each school, no less than 15%, no more than 50%. of Jefferson Cty., 489 F.2d 925 (CA6 1973), vacated and remanded, 418 U. S. 918 (1974), reinstated with modifications, 510 F.2d 1358 (CA6 1974) (per curiam); Judgment and Findings of Fact and Conclusions of Law in Newburg Area Council, Inc. v. Board of Ed., of Jefferson Cty., Nos. The plans in both Louisville and Seattle grow out of these earlier remedial efforts. 458 U. S., at 535, n.11. The Chief Justice rejects the conclusion that the racial classifications at issue here should be viewed differently than others, because they do not impose burdens on one race alone and do not stigmatize or exclude. Petitioners, an organization of Seattle parents (Parents Involved) and the mother of a Jefferson County student (Joshua), whose children were or could be assigned under the foregoing plans, filed these suits contending, inter alia, that allocating children to different public schools based solely on their race violates the Fourteenth Amendments equal protection guarantee. Because racial imbalance is not inevitably linked to unconstitutional segregation, it is not unconstitutional in and of itself. 1 is an important case to educators, parents and students. Consequently, regardless of the perceived negative effects of racial imbalance, I will not defer to legislative majorities where the Constitution forbids it. Hampton v. Jefferson Cty. 1 See generally Seattle School Dist. Roberts, C.J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, IIIA, and IIIC, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined, and an opinion with respect to Parts IIIB and IV, in which Scalia, Thomas, and Alito, JJ., joined. in No. The sweep of the mandate claimed by the district is contrary to our rulings that remedying past societal discrimination does not justify race-conscious government action. App. "[27], Part III C[14] addressed the school districts' claim that "the way in which they have employed individual racial classifications is necessary to achieve their stated ends." See id., at 342; see also Croson, 488 U. S., at 498; Wygant, 476 U. S., at 275 (plurality opinion). If so, its interpretation threatens to produce divisiveness among minority groups that is incompatible with the basic objectives of the Fourteenth Amendment. In Seattle School Dist. These plans classify individuals by race and allocate benefits and burdens on that basis; and as a result, they are to be subjected to strict scrutiny. Andy suffered from attention deficit hyperactivity disorder and dyslexia, but had made good progress with hands-on instruction, and his mother and middle school teachers thought that the smaller biotechnology program held the most promise for his continued success. 1 (PICS): Resources On U.S. Supreme Court Voluntary School Desegregation Rulings The Civil Rights Project at UCLA", http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=05-908, "Justices Limit the Use of Race in School Plans for Integration", "Not Hearing History: A Critique of Chief Justice Roberts's Reinterpretation of, Parents Involved in Community Schools v. Seattle School District No. Louisvilles plan was created and initially adopted when a compulsory district court order was in place. . org/area/equityandrace/whiteprivilegeconference.xml. He also chastises Justice Breyer for saying that the Court silently overruled Grutter with this case and that the method that Breyer applies to this case is that of "the ends justify the means". As I have explained elsewhere, the remedies this Court authorized lower courts to compel in early desegregation cases like Green and Swann were exceptional. Richmond v. J. of Jefferson Cty., Nos. Pp. Accepting Justice Breyers approach would do no more than move us from separate but equal to unequal but benign. Metro Broadcasting, supra, at 638 (Kennedy, J., dissenting). Schools argue that a diverse environment teaches students tolerance and respect, and the exposure to diverse viewpoints enhances education and dispels stereotypes. The Massachusetts Supreme Judicial Court expressly stated: The racial imbalance act requires the school committee of every municipality annually to submit statistics showing the percentage of nonwhite pupils in all public schools and in each school. The plan that was the source of this litigation allowed students entering the ninth grade to rank the schools they wanted to attend. Yet the district also maintains that the guidelines do not apply to kindergartens, Brief for Respondents in No. The bulk of the data in the record was collected using the 10 percent band, see n. 1, supra. By limiting the School Districts use of race, it will be more difficult for it to cure these defects. Race-conscious objectives to achieve diverse school environment may be acceptable. The dissent refers repeatedly and reverently to integration. However, outside of the context of remediation for past de jure segregation, integration is simply racial balancing. Accord, post, at 22 ([T]he Court set forth in Swann a basic principle of constitutional lawa principle of law that has found wide acceptance in the legal culture (citations and internal quotation marks omitted)); post, at 25 (Lower state and federal courts had considered the matter settled and uncontroversial even before this Court decided Swann); post, at 26 (Numerous state and federal courts explicitly relied upon Swanns guidance for decades to follow); post, at 27 (stating how lower courts understood and followed Swanns enunciation of the relevant legal principle); post, at 30 (The constitutional principle enunciated in Swann, reiterated in subsequent cases, and relied upon over many years, provides, and has widely been thought to provide, authoritative legal guidance); post, at 61 ([T]odays opinion will require setting aside the laws of several States and many local communities); post, at 66 (And what has happened to Swann? 05908, at 286a. See Bustop, Inc. v. Los Angeles Bd. See, e.g., Eisenberg v. Montgomery Cty. See Board of Ed. See Brief for Respondents in No. No. 1, p. 51 (The delicate nature of the problem of segregation and the paramount interest of the State of Kansas in preserving the internal peace and tranquility of its people indicates that this is a question which can best be solved on the local level, at least until Congress declares otherwise). The Jefferson County plan, however, is based on a goal of replicating at each school an African-American enrollment equivalent to the average district-wide African-American enrollment. Id., at 81. Executive and legislative branches, which for generations now have considered these types of policies and procedures, should be permitted to employ them with candor and with confidence that a constitutional violation does not occur whenever a decisionmaker considers the impact a given approach might have on students of different races. It is not clear why the racial guidelines were even applied to Joshuas transfer applicationthe guidelines supposedly do not apply at the kindergarten level. Many parents, white and black alike, want their children to attend schools with children of different races. The public school population had fallen from about 100,000 to less than 50,000. 05908, p. 7. The dissent acknowledges that the two-sentence discussion in Swann was pure dicta, post, at 22, but nonetheless asserts that it demonstrates a basic principle of constitutional law that provides authoritative legal guidance. Post, at 22, 30. 1991). 2d 358, 359, 363, 370, 377 (WD Ky. 2000) (Hampton II). v. Barksdale, 348 F.2d 261, 266 (CA1 1965). In 2000, Federal Judge John Heyburn, after finding that the JCPS school system did not need to be under a court-ordered desegregation policy, ruled that race could not be used for student assignment placement in the JCPS school system in regard to their magnet school programs. While I join Justice Breyers eloquent and unanswerable dissent in its entirety, it is appropriate to add these words. The districts have also failed to show they considered methods other than explicit racial classifications to achieve their stated goals. 2429, and at oral argument, counsel for Louisville disavowed any claim that Louisvilles argument depend[ed] in any way on the prior de jure segregation, Tr. That policy was necessary because of numerous incidents of racial violence. Id., at 502; id., at 532534 (Thomas, J., dissenting). The District further points to the line of Supreme Court cases requiring that schools desegregate even when such segregation was simply the effect of where the districts boundaries were drawn. 1, 149 Wash. 2d 660, 72 P.3d 151 (2003); 137 F.Supp. 4, 1984) (1984 Memorandum); Memorandum from Donald W. Ingwerson, Superintendent, to the Board of Education, Jefferson County Public School District, pp. 05908, 426 F.3d 1162; No. Nevertheless, Kennedy found the school districts did not narrowly tailor the use of race to achieve the compelling interests in the case. The justification for race-conscious remedies in McDaniel is therefore not applicable here. ; see also post, at 61. ospi.k12. 5. In the 20002001 school year, for example, with the racial tiebreaker, the entering ninth grade class at Franklin High School had a 60% minority population; without the racial tiebreaker that same class at Franklin would have had an almost 80% minority population. But to this the replication must be: Even so, measures other than differential treatment based on racial typing of individuals first must be exhausted. The Ninth Circuit asked whether the Seattle school districts particular use of race in its admission process violated the state constitution. Given the conditions in which school boards work to set policy, see supra, at 2021, they may need all of the means presently at their disposal to combat those problems. 1, 458 U. S. 457, is directly on point. Having looked at dozens of amicus briefs, public reports, news stories, and the records in many of this Courts prior cases, which together span 50 years of desegregation history in school districts across the Nation, I have discovered many examples of districts that sought integration through explicitly race-conscious methods, including mandatory busing. It is not simply one factor weighed with others in reaching a decision, as in Grutter; it is the factor. [citation needed]. Another Connecticut regulation provides that [a]ny school in which the Proportion for the School falls outside of a range from 25 percentage points less to 25 percentage points more than the Comparable Proportion for the School District, shall be determined to be racially imbalanced. Conn. A comparison of the test results of the . Resort to the record, including the parties Stipulation of Facts, further confuses the matter. . Nonetheless, the Seattle Plan, due to its busing, provoked serious opposition within the State. 05908, at 910, 47; App. Thomas, J., filed a concurring opinion. Such a view was ascendant in this Courts jurisprudence for several decades. For Thomas, this means that no discrimination on the basis of race is permitted by the Constitution, even for a so-called "benign" purpose (Thomas rejected the notion that there could be a purely benign purpose in his concurrence in Adarand because the benignity or malignity of race-based discrimination turns on "whose ox is being gored" or is "in the eye of the beholder"). Dist. 2, 4, 5 (WD Ky. 1999) (Hampton I).

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