High Court Limits Race In School Choice

5-4 Decision Will Affect How Race Is Used To Assign Students To Public Schools

(CBS/AP)  The Supreme Court on Thursday rejected integration plans in two major public school districts but left the door open for using race to assign students in limited circumstances.

The decision in cases affecting schools in Louisville, Ky., and Seattle could imperil similar plans in hundreds of districts nationwide, and it further restricts 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.

In his ruling, Roberts took aim at the way Seattle assigns students to schools after classifying them as "white" or "non white" and the way Louisville labels students as "black" or "other," reports CBS News correspondent Wyatt Andrews .

"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.

"These plans in these districts are finished, but Justice Kennedy may have saved slightly different plans in other school districts around the country because in his concurring opinion he says you can't always and forever rule out the use of race as a factor," CBS News legal analyst Andrew Cohen says.

"This is not the crushing blow to affirmative action in public schools that it initially appears to be," Cohen says.

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 "a cruel irony."

[brianbwb-2009]

From a Black man,

I have lived through the civil rights struggles of the sixties, during which many heroes gave their lives and freedom for the cause of a better life for future generations.

Forty years later, we still have to have courts rule on whether black kids can go to school with white kids, the fact that courts would entertain such lunacy is surely the height of racist stupidity.

OK, lets do it like this, White folk, since it seems you will never learn to judge me by the content of my character, I don't want to be where ignorant people use my skin color as a determining factor for education, jobs, capital, or business opportunities. (to list just a few)

Its Nation time again Black people, time to begin our own struggle to establish our own nation, where we can rise according to our own potential, where our contributions to society are taken without just compensation, where our tax dollars do not fund institutions that discriminate against us .

Since the president of this country has all but abolished the constitution, and the High Court is h*ll bent on destroying the remnants, it seems that now is the appropriate time to begin the process.

[dmk3]

Brian,
Unfortunatly, Our struggle began a long time ago and in my opinion is not looking to good. I agree wholeheartedly that taking this thing to the high courts is absurd and blatant racism at it's best. Brian, I believe that as a people we are far more great than we are given credit for, however if we don't get a strong hold on our young people we are doomed. Just look at what we are becoming, and it starts at home. What can we do, how do we get across to our parents that if we don't step up quickly, we are going to hell in a row boat.
If the courts rule on this thing in favor of the others, we may as well put the crosses in our yards ourselves, and hand ourselves. Our Jesse Jackson's, Al Sharpton's, and others need to do a little more than talk. We need them to hit the streets FOR REAL, yank our young folk by the collar and get some since into their heads. This is not me bashing my people, only wanting to find a solution to our problems. I do want I can for my community, with the limited help that I have, but it takes a village to raise a child. We have got to come together on this thing before it's too late. I do not want to be witness to what is to come if this kind of thing is ok'd.

[dmk3]

Don't know what all of the extra space is about.

[oeangus]

Why is race even an issue anymore? Why aren't we just dealing with the human individual? Perhaps the most ridiculous example was the recent public discussion on whether or not Obama was actually Black. (!?) I just sat there listening to the media, wondering why in the world the color of his skin was even part of the discussion in the first place. Maybe I'm out of touch as a Canadian, but I don't understand all these inane race discussions that place in the States.

[samrensho]

It's about bloody time they came to their senses. Great decision.

[pwrslm]

This isnt about racism per se, as much as it is about fundamental common sense.

If any school district, township, elected or appointed, uses any racial disparity againts blacks (specific), they get sued, they win court decisions allowing them to pretty much do what they want. No other race does that, not the original Indians, Chinese, Koreans, Japanese, or even Hispanics.

Integration by and for blacks, is a racist mentality. Racism bites both ways, but blacks prejudice is never prosecuted.

The Supreme Court is right, forcing non blacks to go to schools miles away from thier neighborhoods to black dominated neighborhoods and schools is wrong. If you dont think blacks hold a substantial prejudist against whites, then you really need to do a factual retack on reality.

[l8c6]

It will now be easier to keep the newly legalized and formerly illegal Mexicans out of the better schools.

The business owners will have them working the family business but as far as where they go to school or where they live? well, "not in my neighborhood".

[dmk3]

mormonman,
you're awake, but as usual your brain is still in a coma. another day and you are still a complete loser.you probably secretly love black women and the sweet juices that you get from them. get a clue and stop whining you are as ignorant as they come.

[dan9111]

As individuals, the question we each must answer is "do you want to be treated differently because of race, or do you not want to be treated differently?"

I will give my answer. I do not want to be treated differently. Those who make claims on this issue rarely answer the question.

[dmk3]

Dan9111, I don't want to be treated differently. PERIOD.

[samael2014]

I hope there aren't any students out there using this news article as a footnote reference for any of their term papers or reports documenting the Supreme Court's current alignment with "four liberal justices". WOW! I didn't know we had any liberal justices left. Apparently taking a stand against fascism, hypocrisy and mockery of the Constitution qualifies now for "liberal" now on the Supreme Court.

We've come a long way baby. God Bless America.

[my2centss]

Posted by ban-one1 at 11:40 AM : Jun 28, 2007

That is because of the failed public school system. When the finalists for the national spelling bee come from home school, taught by their mothers, that has to say something.

[realpatriot1]

mormonman,

As a transplanted Yankee in the south your description of the 2 sides of town conforms with what I see. That is, the vestages of segreagtion where whites lived on one side of the tracks and African-Americans on the other.

The reason why the black side of the tracks is run down and the lily white side is all pristine and pretty is because the whites have the income,get the services,etc.

That's not strictly in the south. When I lived in Boston I was in a predominately white neighborhood(Jamaica Plain) bordered by a predominately black area(Roxbury). After a Hurricane blew through and the city trucks were cleaning up the debris, a worker told my wife they were under orders from City Hall to "clean the white neighborhoods first."

If the Supreme Court wants to go back to separate but equal they should see to it that equal exists.

[only_child-2009]

I resent and reject the "these black people" comments. First of all, how can anyone make a blanket statement about an entire group of people. I was educated in a segregated school system in the 50s and 60s, yet I have a professional job in an integrated workplace and have advanced through the system for nearly 35 years. It was no fault of mine that I had to attend black schools for most of my education. Secondly, no other race in this country was held in legal bondage and legally segregated until 1964. That separates us from any other group in this country. This is a fact, not an excuse. I am 57 years old and I remember this s***. I have not and will not use this as an excuse. Through hard work and effort, many of us have achieved the "dream" in spite of obstacles, legal and otherwise to make it. If anybody wants to use the worst of us as an example to justify their racists ideology, that reflects on their ignorance. Every racial and ethnic group has bad people, but I would not condemn all people for the actions of a few. If that's the case, we are all lost.

[l8c6]

Perfect timing. There will be grounds for keeping the legalized illegals out of the "better schools".

[samael2014]

BTW: Does anybody besides me wish Andrew Cohen would just shove his head back up his *** and not contribute to these reports?

"These plans in these districts are finished, but Justice Kennedy may have saved slightly different plans in other school districts around the country because in his concurring opinion he says you can't always and forever rule out the use of race as a factor," CBS News legal analyst Andrew Cohen says.

"This is not the crushing blow to affirmative action in public schools that it initially appears to be," Cohen says.

How the hell does one Justice's opinion change the outcome of the Court's decision? He seems to suggest that a reference to a single speculation in ONE Justice's opinion somehow leaves the entire decision open to reconsideration (and apparently by the same court).

What an supremely under-qualified legal analyst, and over-qualified JACKASS.

[barbaraf4]

This entire conversation is just crazy! I was born in the south and I lived practically at ground zero during the craziness of the 1960s.

There are black people with attitudes and there are white people who are bubba trash. They do not need to live in the same neighborhoods, because they can't play nice together.

On the other hand, there are decent black people who raise families and live productive lives and there are decent white people who do the same.

So, what defines the two separate groups? HIGHER EDUCATION. Get an education, have a life. I don't need to hear about how much it costs to go to college and how now everyone can afford it. Of course everyone can afford it. Get student loans, go for a scholarship, tuition assistance and then work as many jobs as you need. It is your way out - go for it!

[diverinnl]

As some have pointed out, the better schools normaly reside in upper middle class neighborhoods. These are the schools that get the best funding because of the higher tax base. My opinion is that a student is a student and all should be equal regardless of race. The best way to equalize the schools is to fund per enrolled student. The higher population areas will more funds simply because they have more students. Education will never be equal as long as the funding is devisive.

[kclaf]

Can you believe this........here we go again! This country is being regressed in this area as well as other areas. Why is this happening? We have way too many of the havemores running things, see what happens under the administration of corporate america, they win, and We the People continue to lose ground, stop the madness before it is too late.

[repentance1]

The government should and will come up with more creative ways to ensure everyone gets the best education posible. It's unfortunate that everyone doesn't have all of our childrens interest at heart when they think of our school systems. Don't forget, we as a nation will reap what we sew. Furthermore, the road to heavenly riches is very narrow, similar to many people's comments. Life is short...don't get left behind without your oil. Peace to all through Jesus Christ

[gunnerv1]

I remember when I lived in Hawaii, the back gate to my yard opened up into the local Elementry School but my children had to be bussed to another school 4 miles away because we were a minority (white) BUSSING SUCKS

[dmk3]

S TEMPER,
Why is it that you people always assume that blacks are trying to 'chase whitey around'. I am sorry if the experiences that YOU have had with blacks has left a bad taste in your mouth. However, as someone posted earlier,there are good and bad in ALL cultures. There are poor, disgusting whites who are looking for handouts as there are asians, chinese, and blacks as well. I am so sick and ***(king tired of white folk talking about how someone is trying to get what you have. Your people stole everything that you got. Let's do some real history! You are a jealous and insecure bunch of scary people. Which explains why you hide behind everything that you do. And talk about having excuses, you all are the master of that! You dog black folk out, yet you are the main ones baking in the sun trying to be brown like me. You talk about my nappy hair, yet you go to get your perms so that your hair can 'curl up' like mine. Get a clue! You want me to check out how living in Africa is, I have. Just like in America, everyone there is NOT POOR. Maybe you should view Europe and find out why your people had to come here and bully those indian guys and steal their land.
Oh,by the way I am more than proud of my community, that all of your people are creeping their way in to. Just trying to steal something else.
Get off of your teetering high horse and use your entire brain when addressing a group of people.

This post applies to all whites who think like this idiot!

[realpatriot1]

S_Temper,

Blacks didn't bring this case, it was brought by school boards who were under previous court orders to diversify the student population.

I agree that busing stinks because it does nothing to assure that kids will receive a quality education at the end of the bus ride.

Some states have equalization funding for schools to reduce or eliminate the disparity in resources
between rich and poor schools. Using income taxes as the basis of school funding means that kids living in poor communities,both black and white will receive less of an opportunity to better themselves.

Leaving race out of it, it's true that poor communities have a certain level of responsibility to pull themselves up by their bootstraps. However, those who begin the race with a head start are not the ones to judge those lagging behind. We all need to work together so everybody can finish the race.

[blackties_04]

Anyone can get the level of education they strive for. It is truly up to the individual. With that being said, was this argument really about that? In my eyes, I see a lost opportunity for Americans to culturally grow together and that does start at childhood. If you only deal with a certain type of people throughout your childhood I think it can cripple your understanding of others as an adult. We support this xenophobia by keeping certain groups separated based on rich, poor, and yes even race. How can we as Americans ask others (Sunni/Shiite) to have tolerance for each other when we cannot even practice this value fairly without a court ruling. The government should not have to tell us to fairly integrate. We as human beings should want to be culturally diverse. This is not a major set back for black America but America as a whole and it has shown that after years of struggle not one thing has changed about the way ALL people think. Not just one group everyone.

[repentance1]

We could possibly help all schools by: (1) Allow open prayers and discussion of religion in schools. (2) Correct the misconception of those who believe that only certain people pay taxes. Just about every law abiding citizen pay taxes, especially in the retail stores and income taxes. (3) All schools get the "exact" same funding for each child, now matter where the child resides. (4) Ensure all educators get the same pay. (5) Get rid of all the testing and exit exams that drives most students to the streets. (6) Understand that not everyone was born to be A or B student, or even go to college. Furthermore, most of these students could do just fine with a High School education. Most of our jobs do not require a college degree, and now days college degrees (including with scholarship) are out of reach of most students. Loans are too expensive, especially if you can't make it through college (and yes, you will have to repay it). (7)Money in, money out, money back in... Done....how easy :-)

[l8c6]

This pre-emptive action to keep the future legalized illegals out of the "better schools"

[l8c6]

This has NIMBY written all over it. Pre-emptive action to keep the future legalized illegals out of the backyards of the business owners who hire their cheap labor to maximize profits.

[vastr-wcon]

Finally, amongst the cesspool of BAD decision by the Roberts Bushit court, there is ONE GOOD DECISION. If this court does nothing else (and I hope to god that is so) getting rid of racial preference will be its proud hallmark. Hallelujah!

[searingtruth]

Well my goodness.

What a surprise.

The Republicans have made racism legal again.
ST


"Republicans are in a unique historical position. They are the first group of people raised on this land, who call themselves Americans, that openly proclaim the virtues of torture, secret prisons, extra judicial abduction, universal surveillance, and dictatorial government."
SearingTruth

"If their souls were to be displayed without false decoration, they would be invisible."
SearingTruth

%u201CPlease.

Protect the innocent.%u201D
SearingTruth


A Future of the Brave - www.searingtruth.com

[mbcsmith]

As a transplanted Yankee in the south your description of the 2 sides of town conforms with what I see. That is, the vestages of segreagtion where whites lived on one side of the tracks and African-Americans on the other.
posted by realpatriot1

Please do not refer to me as white. I prefer pigment-challenged-Centro-European-American.

[consciousnes]

The pendulum on race may have finally come back to center. For decades now corporations have been forced to hire a disproportionate number of minorities to supposedly compensate for past discrimination even though the people were not qualified for the position. I know first hand the effects of this reverse discrimination.
Not that I approve of discrimination, just the opposite as a mater of fact. I do believe in justice for all, but not to discriminate to the extent of degrading the quality and or quantity of the endeavor.
%u201CNo Child Left Behind%u201D is another example that is not working. The quality of our education system in being reduced even further just because our %u201CKnow it all%u201D Federal Government has decided that just because a child did not learn what they were supposed to for what ever reason, they should not be failed. Thus more and more children are being discriminated against because they cannot or will not learn for some reason.
Where do we stop being %u201CPolitically Correct%u201D and start doing what is good and right for making this world a better place?

[realpatriot1]

repentance1,

I hear what you're saying and I do think when kids are insulated from diversity they lose out.

However, I think trying to accomplish that by socially engineered school assignments causes as many problems as it resolves, aprticularly when there's no quality education at the end of the ride.

First and foremost, there should be quality education in all schools funded equally. Secondly, there should be agressive enforcement of open housing and anti-discrimination laws so that everyone can live where they want.

That still won't produce a diverse educational experience for everyone. There should be more magnet and inter-school programs where kids can
"bus" to other schools on occasion and interact with students from other schools and other backgrounds. That's a far cry from the everyday disruption of kids having to leave early and get home late to worried working parents who have to travel across town for every teacher conference and so on.

[diverinnl]

"Is there some secret magic formula being doled out to kids in "rich" neighborhoods? "

Posted by S_Temper at 02:06 PM : Jun 28, 2007

Just to answer your question, yes, in most circumstances. Education funding is spread back into most communities based on paid tax percentages. That is why you see some low population, upper middle class neighborhoods with really good schools and the next district over is horrible. The higher the GDP tax base, the more that is paid back ineductaion funding. I don't agree with this method but it happens all over the country.

[realpatriot1]

S_Temper,

Sorry if I misinterpreted what you meant, I was responding to the remark about why don't blacks take pride in their neighborhoods(I know quite a few that do and have some very nice predominately black neighborhoods to show for it)-I thought you felt that Black organizations brought this case.

repentance1/blackties,

My last comment was meant in response to blackties,sorry.

[diverinnl]

"ineductaion" should read "in education"... I guess I need some more of it myself (LOL)

[processor2]

Great decision

Afterall,
It was MLK,jr who said that we should judge someone by the content of their character, and NOT by the color of their skin.

This Supreme Court decision reaffirms that belief.

...

[realpatriot1]

mbcsmith,

I didn't think I did refer to you as white but,if so, I stand corrected.

I regret any offense,either real or perceived, to all pigment-challenged-Centro-European-Americans

[dogsoul]

This simply throws light upon the fundamental hypocrisy of battling racism WITH racism - and it's not like this is anything new to us. I can tell you from a corporate perspective, it started out as quotas - you had to have a certain mathematical mix of minorities & genders... well NOW, "quotas" is a bad word so the current practice is to continue with quotas, but we're just not allowed to acknowledge them as such - it's literally taboo & frankly dangerous to talk about it, even though it's precisely what we are mandated to do. In our HR meetings, they say "quotas" is an old outdated way of thinking - we just want "diversity" and equal opportunities for everyone... so I asked, "...okay, so how are we measured on that should we be subject to any litigation?" The answer, "...well, by the 'metrics'..." so, quotas.... I left it at that. The basic idea is that it's "good racism" because it's designed to give one pressumed downtrodden race/gender a boost over another pressumed more fortunate race so as to equal out the playing field, racially speaking of course. And if the white male applicant happens to need the job, fallen on bad times, wants to attend said school, or even if he's indeed the most qualified... well, that's too bad, after all - he's got it better than minorities & women so he'll manage.

[wiccantexan]

Well my goodness. What a surprise.

The Republicans have made racism legal again.
Posted by SearingTruth at 01:37 PM : Jun 28, 2007

I have a black, southern Baptist female friend who absolutely despises affirmative action, Black History Month, and anything else that segregates (through political correctness) her from anyone else. This action does NOT make racism legal; it's a step in the right direction about making the issue of race obsolete.

[my2centss]

I always thought that hard work and studying made kids learn. After reading on here, I find out some kids don't learn well because their schools don't have as much money. I wonder if all the well educated people from India and Pakistan know that. They could have been so much more than just doctors and engineers if only their schools had more money, and a better stadium.

[wiccantexan]

We could possibly help all schools by: (1) Allow open prayers and discussion of religion in schools. (3) All schools get the "exact" same funding for each child, now matter where the child resides. (4) Ensure all educators get the same pay. (5) Get rid of all the testing and exit exams that drives most students to the streets. (6) Understand that not everyone was born to be A or B student, or even go to college. Furthermore, most of these students could do just fine with a High School education.
Posted by repentance1 at 01:26 PM : Jun 28, 2007

#1: It's already allowed. It's just not allowed to be a forced mandate. Students can pray and discuss religion all they want outside the classroom, even on school grounds.

#3: Agreed. Let teacher quality be the standard, not how much $$ gets thrown at each student.

#4: Disagree. Let merit be the guideline there.

#5: Strongly agree. My now-college-grad daughter said that studying for the stupid tests in HS and middle school did not prepare her well for college; she had a rough time the first year.

#6: Agree, but it will still serve them well to have at least a freshman-college-level education by the time they graduate high school.

[diverinnl]

S_Temper, I never stated that children would achieve equally. What primarily drives success is social/family value factors, education is just one of many tools on that path. My point is that all chldren should be equal in the eyes of the law. Funding by enrollement is the best solution to that issue that I can think of. If you have a better solution, I'm all ears.

[wiccantexan]

I wonder if all the well educated people from India and Pakistan know that. They could have been so much more than just doctors and engineers if only their schools had more money, and a better stadium.
Posted by my2centss at 02:37 PM : Jun 28, 2007

ROFLMAO! Well-said.

[processor2]

Great decision

Afterall,
It was MLK,jr who said that we should judge someone by the content of their character, and NOT by the color of their skin.

This Supreme Court decision reaffirms that belief.

...

[dogsoul]

"(1) Allow open prayers and discussion of religion in schools. (3) All schools get the "exact" same funding for each child, now matter where the child resides. (4) Ensure all educators get the same pay. (5) Get rid of all the testing and exit exams that drives most students to the streets. (6) Understand that not everyone was born to be A or B student, or even go to college. Furthermore, most of these students could do just fine with a High School education.
Posted by repentance1 at 01:26 PM : Jun 28, 2007"

1 - Not key to education, and problematic from a church/state separation perspective
3 - same funding, I'm fine with that, it's a public good after all
4 - same pay? Tricky, best to leave economics negotiable at the local level, better solution - break the teachers union... we should have the best education in the world, we don't - that's why.
5 - Don't lower the bar, raise the students up - see point 4
6 - True, many very decent jobs don't require college - but I would still defer to point 4

[dogsoul]

The reality is that the "funding" arguement is tenuous at best. Many rinky dink little Catholic schools don't have anywhere NEAR the funding or teacher pay of public schools, yet somehow they churn out an infinitely superior product. Some say it's because they don't have to accept EVERY student, b.s. sure, some are selective, but most take whoever gets enrolled - and don't end up expelling hardly anyone. BUT, what IS different (besides the vast difference in funding) is that there's typically no self serving teachers union that doesn't allow merit & performance to prevail - AND the overall difference in parental influence observed between the two universes...

[repentance1]

RealPatriot1,

Thank you for the comments concerning my suggestion. My replay is as follows:

I beleve that we now have enough qualified educators of all races to teach in any area, and if these educators received the same funding that all other schools received, there is no excuse for having uneducated students graduating from our High Schools. One of the biggest barriers for past and present educators is/have been obtaining the resources, books, and technology for the kids in their areas. With equal funding, SCHOOL DISTRICT'S and their ELECTED BOARD MEMBER'S could ensure that their kids are getting the "best" possible education. Diversity is occuring naturally as more of us are moving our families into areas of higher income. I see more diverse people in higher positions in the job market. Unfortunately, that also takes away from a smaller groups percentages in elected office positions because they unable to maintain a solidity in a specific voting precint or area. It is also harder for them to mobilize to fight injustices, which just happens to be their duty as a US citizen. This is why I say, "educate our youths wherever they live". "Have FAITH that they will improve with time", but we cannot rush the process. Remember that this will also affect the 2nd most pop. and growing group (hispanic's). Please don't take the cap's as shouting...Jesus always said to take care of the poor..... Peace to all through Jesus Christ

[dmk3]

S TEMPER,
Truth- I worry about anybody robbing or murdering me. White or black. And how am I acting like a slave? Do you know me? NOPE! I wrote in response to your ignorant statements... Why are blacks concerned with getting something for nothing? We have bad attitudes. And the media hyping up rare occurences of white on black violence.(Because it's not publicized)We follow whitey around. Just like I have never been a slave, YOU have never stole....You generalized an entire people.
Furthermore, I don't need to travel out of the country to know how fortunate I am. And regardless of when your people came here, it wasn't theirs.

Don't try to flip your words, you said some really nasty things about one race and now you wanna make it about being murdered or robbed.
Pick a topic.

[repentance1]

Dog Soul,

That is the problem. Church should not be seperated from anything on this God given earth.

Jesus is Lord

[mbcsmith]

Well my goodness. What a surprise.

The Republicans have made racism legal again.
Posted by SearingTruth at 01:37 PM : Jun 28, 2007

Quite the opposite. The SC just indicated that race CANNOT be used as a factor. Much to the dismay of LIBS who believe the government should run every aspect of American life.