Posted on 06/28/2007 1:05:24 PM PDT by jazusamo
WASHINGTON — The Supreme Court on Thursday rejected the Seattle school district's racial tiebreaker, along with a school-integration plan in Kentucky, but left the door open for the limited use of race to achieve diversity in schools.
The decision in cases affecting how students are assigned to schools in Louisville, Ky., and Seattle could imperil similar plans in hundreds of districts nationwide, and it further restricted how public school systems may attain racial diversity.
The court split, 5-4, with Chief Justice John Roberts announcing the court's judgment. The court's four liberal justices dissented.
"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," Roberts said.
Yet Justice Anthony Kennedy would not go as far as the other four conservative justices, saying in a concurring opinion that race may be a component of school plans designed to achieve diversity.
To the extent that Roberts' opinion could be interpreted to foreclose the use of race in any circumstance, Kennedy said, "I disagree with that reasoning."
"A district may consider it a compelling interest to achieve a diverse student population," Kennedy said. "Race may be one component of that diversity."
He agreed with Roberts that the plans in Louisville and Seattle violated constitutional guarantees of equal protection.
Justice Stephen Breyer, in a dissent joined by the other liberals on the court, said Roberts' opinion undermined the promise of integrated schools that the court laid out 53 years ago in its landmark decision in Brown v. Board of Education.
"To invalidate the plans under review is to threaten the promise of Brown," Breyer said.
While Roberts said the court was being faithful to the Brown decision, Justice John Paul Stevens in a separate dissent called the chief justice's reliance on Brown to rule against integration...
(Excerpt) Read more at seattletimes.nwsource.com ...
Brown vs. Board of Ed is all they yap about, but
Milliken v. Bradley opened the door for todays action a long time ago.
>> “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” Roberts said.
Why... it’s just so obvious, when you think about it!
I would imagine the left in the Seattle area are having fits about this decision. The article tried to put it across that it really wasn’t such a big deal but they’ve been battling on this for several years up there.
“Integration” was not promised, “the end to segregation” was promised. Breaking down barriers does not guarantee results. In like manner, affirmative action moved beyond equality of opportunities to forcing equality of results.
This is the most important ruling of our times.
I love the Roberts court! Way to go President Bush. Your legacy will be justices Roberts and Alito.
Agreed!...And even though some naysayers bring up Miers, she is not on the Court and Alito is and George Bush is the president. The change of direction in the Court is already evident.
“This is the most important ruling of our times.”
Not even close. The partial birth abortion ruling was far more important.
“I love the Roberts court!”
It HAS turned out better than I thought.
“Way to go President Bush. Your legacy will be justices Roberts and Alito.”
Not at this rate. Everything depends on how the war ends.
Racial diversity is becoming meaningless. If they want diversity in the schools, they should start with “social class diversity”. Start busing in rich kids to poor schools.
Well said.
LOL... So simple a liberal won't be able to understand.
Roberts was known for his simple presentation of reasoning used in rulings. He is proving that out to be true.
The other kind of diversity, which I believe is the most important one, is the ideological diversity. They should have more conservatives as “Teachers” and “School Administrators”. For sure, the student body.
Pelosi said today(?) that talk radio presented things too simplistically. She’ll never understand concepts like this. Good thing she didn’t have any vote as to whether Roberts would be on the USSC.
I live about 25 miles from Milwaukee and the public schools I attended were top notch and on par with some private schools. However MPS is in shambles and one of the many reasons for this, is forced busing and the forced diversity.
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