Posted on 10/20/2005 12:23:48 PM PDT by Crackingham
The 9th U.S. Circuit Court of Appeals on Thursday upheld the Seattle School District's use of race as a tiebreaking factor in high-school admissions.
"We conclude that the district has a compelling interest in securing the educational and social benefits of racial (and ethnic) diversity," the 7-4 majority wrote, overturning a 2-1 decision by a three-judge 9th Circuit panel last year. "We also conclude the district's plan is narrowly tailored to meet the district's compelling interests."
A parents' group that challenged the tiebreaker said it would appeal.
The ruling is the second Circuit Court opinion this year to uphold voluntary desegregation plans by city school districts, cases that are helping define how far districts can go to ensure diversity in their classrooms. In June, a 3-2 ruling by the 1st Circuit Court of Appeals upheld a plan used by the school district of Lynn, Mass.
Two years ago, the Supreme Court issued a pair of rulings concerning the University of Michigan, saying public universities may consider the race of applicants in their admissions process, as long as other attributes are considered and race is not an overriding factor. But the high court has never ruled on voluntary diversity plans in public secondary schools, which are used by many school districts around the country.
In Seattle, students list which high schools they'd prefer to attend. When a high school has more applicants than classroom seats, the district uses a series of tiebreakers, including race, to decide who gets in.
A group called Parents Involved in Community Schools sued in July 2000, arguing that it was unfair for the school district to consider race, and Seattle halted use of the tiebreaker in the 2002-03 school year as the case made its way through state and federal courts.
"We are going to petition the U.S. Supreme court to look at this," said PICS president Kathleen Brose, who is white. "It's too important a decision for the city of Seattle. These children need access to their neighborhood schools, and they're not going to get it if the district uses a racial tiebreaker."
Brose said the tiebreaker kept her oldest daughter out of Ballard High, the high school closest to their home, and her other top choices as well. As a freshman, she wound up having to commute 30 minutes to Ingraham High.
Since Seattle stopped using the tiebreaker, most schools have become slightly more racially imbalanced. The most dramatic change has been at Franklin High School, which saw its minority population jump by 8 percentage points between 2002 and this year.
Under the district's plan, the first tiebreaker was whether an applicant has a sibling already at the school. For years, the second tiebreaker was race: which applicant would bring the high school closer to the districtwide ratio of whites to nonwhites, roughly 40 percent to 60 percent. The third tiebreaker was distance, with closer students getting favoritism.
Ah, yes. The Ninth Circus again.
The anti-American circus freaks strike again.
The anti-American circus freaks strike again.
The 14th Amendment - heck, any part of the Constitution or any other law - only means what a judge wants it to mean, no more, no less.
Ack! Double post. I'm sorry.
It was worth repeating ;)
The 9th Circuit Court, also known as Judicial Activism Central. The socialist scumbags on this court are overdue for a lesson on constitutional law. My dirty sock knows that judges don't make law.
Thanks. 8D
Of course. Any consideration of race in admissions is political, not academic. Just part of the 9th Circus's attempt to tear down standards.
"...educational and social benefits of racial (and ethnic) diversity,"
Have they stated what those benefits actually are?
these are public high schools - probably most of them are not selective in terms of achievement - so it will quite often come down to race.
You see all blacks think the same way, all Asians think the same way, all gays think the same way, etc. The same goes for white males. What you think is determined solely by your color. Who determines how we all think? Well, the liberals do, as they know everything. So, since they know how you think, they know that to have a diversity of ideas, you must have different races, sexual orientations, species, etc. And how do they know they will have a diversity of ideas? They will tell you over and over what your designated group thinks, and punish you if you don't believe it or them. By doing this, we will have a truly color blind society. (/Liberal think off).
The judges feel good about themselves for righting the wrongs perpetrated by you RBSH rubes.
Also, don't bother trying to get into their country club.
That's exactly what I figured. LOL
I have a dream...
I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin...
Obviously, that isn't the case in King County, which just so happens to be named after M.L.King Jr.
I an encouraged by this decision because the 9th Circuit almost always comes down on the wrong side of an argument.
During one stretch of twenty-five consecutive cases handled by the ninth Circus Court of Appeals, twenty three of those decisions were reversed by the Supreme Court. The Ninth Circuit Appeals Court is a disgrace and a national joke. Congress has been considering moderating their impact by adding an additional federal appeals court and reducing the territorial jurisdiction of the Ninth Circuit.
PresidentFelon
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