Supreme Court Looks at Race and Schools

AP & Newsday ^ | 12/4/06 | MARK SHERMAN

[kiriath_jearim]

WASHINGTON -- The Supreme Court on Monday wrestled with voluntary integration plans in public schools, asking whether Seattle's "Open Choice" program is an acceptable move toward student diversity or another name for illegal racial quotas.

At the start of two hours of argument, the justices referred repeatedly to a 2003 Supreme Court ruling that permitted the limited consideration of race to attain a diverse student body on the college level.

Does Seattle's program go too far in assigning some students to schools they didn't request? the justices wanted to know in questioning lawyers for the school district, the Bush administration and white parents whose children were assigned to high schools with heavy minority enrollment.

Justice Anthony Kennedy was among those expressing deep skepticism about Seattle's program.

The district seems to be telling its students that "everybody can get a meal," but that only certain people can get "dessert," Kennedy said. Justice Antonin Scalia said it was as though the district was saying "you can't make an omelet without breaking some eggs."

The justices were referring to the fact that some students have been assigned based on their race to schools they didn't ask to attend. The question, said Kennedy, is whether a student can get into the school the student really prefers.

Chief Justice John Roberts expressed concern about making school assignments "based on skin color" and not "any other factor."

Attorney Michael Madden, representing the school district, said race is but one factor, that it is relied on only in some instances and then only at the end of a lengthy process.

Amid the arguments, pro-affirmative action demonstrators bearing "Fight For Equality" placards descended on the Supreme Court.

[flowerplough]

"Fight for Equality" on their placards, and if I heard the news on the radio rightly, they're chanting "Equal education, not segregation", "We won't go to the back of the bus, integration is a must", and "Jim Crow no mo'". Some held signs that read "Stop racism now", Yahoo reports. Difficult for me to determine exactly what the protesters want. Do they want government to assign little kids to distant schools in order to balance skin color numbers?!? Do they want to tell little Jeffy that he can't go to the same school as his neighbors and buddies because his skin's the wrong color?

[Fraxinus]

I heard on C-span this morning that yesterday Judge Bryer(sp?) made a statement in which he said that the Court should consider the outcome rather than the law.

[bordergal]

Don't these people ever notice what freaking decade it is?
They're about forty years too late.

[RodgerD]

Justice Anthony Kennedy was among those expressing deep skepticism about Seattle's program

If squish Kennedy comes down on the nondiscrimination side, this ruling has a chance of turning out OK. It would be nice to see a conservative victory, somewhere, in these times.

[RodgerD]

Bryer(sp?)

Correct spelling: M a r x.

[Zack Nguyen]

The justices were referring to the fact that some students have been assigned based on their race to schools they didn't ask to attend. The question, said Kennedy, is whether a student can get into the school the student really prefers.

The idea that a parent would not be able to send their children to the school of their choice, when the schools are taxpayer funded, is a travesty, whether race has anything to do with it or not.

I think we should have absolute choice when it comes to public schools. I have not studied the court history here, but I suspect that this policy would run afoul of a few court appointments. Anyone who is knowledgable of this please let me know.