v. Barksdale, 348 F.2d 261, 266 (CA1 1965); Pennsylvania Human Relations Commn v. Chester School Dist., 427 Pa. 157, 164, 233 A. 1819 (The truth of the matter is that this is an attempt to place local mores and customs above the high equalitarian principles of our Government as set forth in our Constitution and particularly the Fourteenth Amendment. You already receive all suggested Justia Opinion Summary Newsletters. 3. ", Justice Stephen G. Breyer, in the principal dissenting opinion, dismissed Justice Kennedy's proposed alternatives to the labeling and sorting of individual students by race and, in a surprisingly emotional 20 minute speech from the bench, denounced the plurality opinion. The school board plans before us resemble many others adopted in the last 50 years by primary and secondary schools throughout the Nation. That view understands the basic objective of those who wrote the Equal Protection Clause as forbidding practices that lead to racial exclusion. Properly analyzed, though, these plans do not fall within either existing category of permissible race-based remediation. Rather, they apply the strict scrutiny test in a manner that is fatal in fact only to racial classifications that harmfully exclude; they apply the test in a manner that is not fatal in fact to racial classifications that seek to include. 2d 854 (Kennedy, J., concurring in part [*2761] and concurring in judgment), "Parents Involved in Community Schools v. Seattle School District No. 1. However, allegations in complaints cannot substitute for specific findings of prior discriminationeven when those allegations lead to settlements with complaining parties. However, the dissenters argued that the Constitution permits such desegregation even though it does not require it. 05915, p. 77. In this case, the Ninth Circuit held that the School District had a compelling state interest in achieving racial and ethnic diversity in its individual schools. Therefore, it is not nearly as apparent as the dissent suggests that increased interracial exposure automatically leads to improved racial attitudes or race relations. First, the school districts plans serve compelling interests and are narrowly tailored on any reasonable definition of those terms. See Hallinan & Williams, Interracial Friendship Choices in Secondary Schools, 54 Am. v. Goose Creek Consol. Ibid. There has been considerable interest in this case, as demonstrated by the extraordinary number (approximately sixty) of amicus briefs filed in the case. JEFFERSON COUNTY BOARD OF EDUCATION etal. 3, p. 71 ([T]o make such a transition, would undo what we have been doing, and which we propose to continue to do for the uplift and advancement of the education of both races. 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. Code Ann. Even if current social theories favor classroom racial engineering as necessary to solve the problems at hand, post, at 21, the Constitution enshrines principles independent of social theories. I shall apply the version of strict scrutiny that those cases embody. To adopt the dissents deferential approach would be to abdicate our constitutional responsibilities. In Grutter, the consideration of race was viewed as indispensable in more than tripling minority representation at the law schoolfrom 4 to 14.5 percent. . Although all governmental uses of race Both districts rethought their methods over time and explored a wide range of other means, including non-race-conscious policies. See generally N. Thompson & C. Marr, Building for Learning: Seattle Public Schools Histories, 18622000 (2002). 2001) (describing President Nixons lobbying for affirmative action plans, e.g., the Philadelphia Plan); White, Affirmative Actions Alamo: Gerald Ford Returns to Fight Once More for Michigan, Time, Aug. 23, 1999, p. 48 (reporting on President Fords support for affirmative action); Schuck, Affirmative Action: Past, Present, and Future, 20 Yale L. & Poly Rev. Dawkins & Braddock 401403; Wells & Crain 550. Kennedy argued that the government had an interest in ensuring racial equality: "The plurality opinion is too dismissive of the legitimate interest government has in ensuring all people have equal opportunity regardless of their race.". The Seattle Plan achieved the school integration that it sought. 1314. In 2000, the District Court that entered that decree dissolved it, finding that Jefferson County had eliminated the vestiges associated with the former policy of segregation and its pernicious effects, and thus had achieved unitary status. Seattle and Louisville are two such districts, and the histories of their present plans set forth typical school integration stories. Cities around the country are often segregated based on race with certain racial or ethnic groups concentrated in particular areas, possibly as a result of poverty or immigration. More broadly, however, allowing racial diversity or balance as a compelling state interest, even if confined to secondary education, calls into question the Equal. Thus, at worst, a student would have to spend one year at a high school he did not pick as a first or second choice. Id., at 483487. Those lower court judges reasoned that programs like these are not aimed at oppressing blacks and do not seek to give one racial group an edge over another. Comfort, supra, at 27 (Boudin, C.J., concurring); 426 F.3d, at 1193 (Kozinski, J., concurring). Second, if the schools racial make-up was more than 15 percent out of line with the overall racial composition of the school district (classified only as white and nonwhite), then the students race was considered. 2d 304. White Privilege is like an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools, and blank checks. See White Privilege Conference, Questions and Answers, http://www.uccs.edu/~wpc/ If we are to insist upon unanimity in the social science literature before finding a compelling interest, we might never find one. In Regents of the University of California v. Bakke, 438 U.S. 265 (1978), relied on by the Court in Gratz, Justice Powell, in a plurality opinion, stated that preferring members of one group for no reasons other than race or ethnic origin is discrimination for its own sake, and therefore unlawful. Examples of these norms include defining white skin tones as nude or flesh colored, having a future time orientation, emphasizing individualism as opposed to a more collective ideology, defining one form of English as standard . Mr. Korrell. Id., at 73. Past wrongs to the black race, wrongs committed by the State and in its name, are a stubborn fact of history. See, e.g., Springfield School Comm. 2d 1267 (1996). When the 1965 plan was designed for Harford County, Maryland, the district was 92 percent white. Cf. 2. exemplifies the long-running disagreement over the meaning of racial discrimination under the Constitution. 2 App. [Footnote 10] There are good reasons not to apply a lesser standard to these cases. The first consists of the District Court determination in the Louisville case when it dissolved its desegregation order that there was overwhelming evidence of the Boards good faith compliance with the desegregation Decree and its underlying purposes, indeed that the Board had treated the ideal of an integrated system as much more than a legal obligationthey consider it a positive, desirable policy and an essential element of any well-rounded public school education. Hampton II, 102 F.Supp. This is especially true when we seek assurance that opportunity is not denied on account of race. 1, supra, at 461; Complaint and Motion to Dismiss or Affirm in Seattle School Dist. Such reservations and preliminary analyses of course did not decide the merits of this questionas evidenced by the disagreement among the lower courts on this issue. There is no ambiguity in that statement. Under that approach, the school districts have not carried their burden of showing that the ends they seek justify the particular extreme means they have chosenclassifying individual students on the basis of their race and discriminating among them on that basis. See, e.g., Schofield, School Desegregation and Intergroup Relations, in 17 Review of Research in Education 356 (G. Grant ed. 05908, at19. Which of the following statements offers the most accurate comparison between this case and the decision in Brown v. Board of Education of Topeka (1954)? 547 U. S. __ (2006). But eventually a state court found that the mandatory busing was lawful. With this explanation I concur in the judgment of the Court. At the same time, it is urged that these laws are valid as a matter of constitutionally permissible social experimentation by the States. No. Nor is it likely to find such a case. Sometimes a court refers to it as an interest in achieving racial diversity. Other times a court, like the plurality here, refers to it as an interest in racial balancing. I have used more general terms to signify that interest, describing it, for example, as an interest in promoting or preserving greater racial integration of public schools. We have emphasized that the harm being remedied by mandatory desegregation plans is the harm that is traceable to segregation, and that the Constitution is not violated by racial imbalance in the schools, without more. Milliken v. Bradley, 433 U. S. 267, 280, n.14 (1977). As well, there is precedent for finding jurisdiction in situations where the passage of time has prevented a direct remedy. Courts are not alone in accepting as constitutionally valid the legal principle that Swann enunciatedi.e., that the government may voluntarily adopt race-conscious measures to improve conditions of race even when it is not under a constitutional obligation to do so. Indeed, the plans before us are more narrowly tailored than the race-conscious admission plans that this Court approved in Grutter. These decisions illustrate well how lower courts understood and followed Swanns enunciation of the relevant legal principle. State laws or administrative policies, directed toward the reduction and eventual elimination of de facto segregation of children in the schools and racial imbalance, have been approved by every high State court which has considered the issue. Though the dissent admits to discomfort in applying strict scrutiny to these plans, it claims to have nonetheless applied that exacting standard. That, too, strongly supports the lawfulness of their methods. At some point, the discrete injury will be remedied, and the school district will be declared unitary. The pluralitys postulate that [t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race, ante, at 4041, is not sufficient to decide these cases. The Constitution and our precedents require more. In the real world, it is regrettable to say, it cannot be a universal constitutional principle. AP Gov - Unit 3 Practice Quiz Flashcards | Quizlet See Juris. Independent School Dist., 719 S.W. 2d 350, 352353 (Tex. Public Schools, 330 F.Supp. 1. 5. 05908, at 1920; Brief for Respondents in No. See Part I, supra, at 221. So, the argument proceeds, if race is the problem, then perhaps race is the solution. In 1956, a memo for the Seattle School Board reported that school segregation reflected not only segregated housing patterns but also school board policies that permitted white students to transfer out of black schools while restricting the transfer of black students into white schools. He also wrote about the unsettled debate concerning whether racial balance or diversity has a positive effect on educational outcomes. It initially assigned each student to his or her neighborhood school, but it permitted each student freely to transfer between elementary schools within each cluster provided that the transferring student (a) was black if transferring from a predominantly black school to a predominantly white school, or (b) was white if transferring from a predominantly white school to a predominantly black school. 1, 137 F.Supp.2d 1224 (W.D. The Courts decision undermines other basic institutional principles as well. The Equal Protection Clause, ratified following the Civil War, has always distinguished in practice between state action that excludes and thereby subordinates racial minorities and state action that seeks to bring together people of all races. Regardless of its name, however, the interest at stake possesses three essential elements. seattleschools.org/schools/aaa/history.htm (all Internet materials as visited June 26, 2007, and available in Clerk of Courts case file). 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. These generic lessons in socialization and good citizenship are too sweeping to qualify as compelling interests.

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