Thursday, June 28, 2007

Supreme Court Decides School Cases

The Supreme Court today handed down its decision in two school desegregation cases -- from Louisville, KY, and Seattle -- involving the assignment of students to public schools. In both districts, race was one factor, after other factors, such as parental choice and neighborhood. (Seattle's plan, which used race as a tiebreaker, was no longer in use.) The Court struck down both plans, 5-4. Four justices -- Chief Justice Roberts and Justices Alito, Thomas, and Scalia -- would never allow schools to consider race. Justice Kennedy would sometimes allow it, just not as these two school districts handled it, in the cases of individual children. Justice Breyer (joined by Justices Ginsburg, Stevens, and Souter) and Justice Souter dissented.

Parents Involved in Community Schools v. Seattle School District No. 1, No. 05-908, slip opinion pdf (June 28, 2007).

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