2d 257 (2003) (quoting [***38] Fullilove v. Klutznick, 448 U.S. 448, 537, 100 S. Ct. 2758, 65 L. Ed. Justice Breyer questioned the utility "of looking simply to whether earlier school segregation was de jure or de facto in order to draw firm lines separating the constitutionally permissible from the constitutionally forbidden use of 'race-conscious' criteria. 1617. 2738, 168 L.Ed.2d 508 (2007), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. The only support todays dissent can draw from Grutter must be found in its various separate opinions, not in the opinion filed for the Court. For the dissent, in contrast, individualized scrutiny is simply beside the point. Post, at 55. of Ed., 476 U. S. 267, 320 (1986) (Stevens, J., dissenting), in turn quoting Fullilove, 448 U. S., at 547 (Stevens, J., dissenting); brackets and citation omitted). See Bush v. Vera, 517 U. S. 952, 958 (1996) (plurality opinion) (Strict scrutiny does not apply merely because redistricting is performed with consciousness of race. Courts even began to tamp down on local, voluntary busing programs. 67759, p.11 (It is implicit in Brown v. Board of Education of Topeka, 347 U. S. 483, that color or race is a constitutionally impermissible standard for the assignment of school children to public schools. v. Goose Creek Consol. Moreover, giving some degree of weight to a local school boards knowledge, expertise, and concerns in these particular matters is not inconsistent with rigorous judicial scrutiny. 1996); see also T. Sowell, Affirmative Action Around the World: An Empirical Study 141165 (2004). . And if Seattle School Dist. As the Court explains, a school with 50 percent Asian-American students and 50 percent white students but no African-American, Native-American, or Latino students would qualify as balanced, while a school with 30 percent Asian-American, 25 percent African-American, 25 percent Latino, and 20 percent white students would not. Ante, at 1516; see also Brief for United States as Amicus Curiae in No. Most worked at unskilled jobs. 458 U. S., at 472, n.15. "It is not often in the law that so few have so quickly changed so much," Justice Breyer said of the Court's decision. The student population of the school district is approximately 40% white, 60% non-white. 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. In 2000, Federal Judge John Heyburn, after finding that the JCPS school system did not need to be under a court-ordered desegregation policy, ruled that race could not be used for student assignment placement in the JCPS school system in regard to their magnet school programs. ices Office, District Summaries 19992005, available at The Washington Supreme Court ruled that the Seattle School Districts use of race was valid under the state constitution. The Seattle case, Parents Involved in Community Schools v. Seattle School District No. v. Swann, 402 U. S. 43, 45 (1971), this Court, citing Swann, restated the point. Dayton Bd. Justice Kennedy agreed that the Court has jurisdiction to decide these cases and that respondents student assignment plans are not narrowly tailored to achieve the compelling goal of diversity properly defined, but concluded that some parts of the plurality opinion imply an unyielding insistence that race cannot be a factor in instances when it may be taken into account. In design and operation, the plans are directed only to racial balance, pure and simple, an objective this Court has repeatedly condemned as illegitimate. 1 uses an open choice plan in which students rank their preferred schools. See Brief for Petitioner at 2526. By recognizing racial diversity as a compelling state interest, the Supreme Court will give public school districts nationwide the ability to make decisions about whether or not to admit a student based on the isolated factor of his or her race. Justice Stevenss reliance on School Comm. of Cal. The Founders meant the Constitution as a practical document that would transmit its basic values to future generations through principles that remained workable over time. See Brief Amicus Curiae of the Black Womens Lawyers Association of Greater Chicago, Inc. in Support of Respondents at 16. The fact that racial discrimination was preferable to the relevant communities was irrelevant to the Brown Court. . See, e.g., 20 U. S. C. 6311(b)(2)(C)(v) (No Child Left Behind Act); 1067 et seq. Wygant, 476 U. S., at 275276 (plurality opinion); id., at 295 (White, J., concurring in judgment). As I have pointed out, supra, at 4, de facto resegregation is on the rise. The Jefferson County, Ky., district was subject to a desegregation decree until 2000, when the District Court dissolved the decree after finding that the district had eliminated the vestiges of prior segregation to the greatest extent practicable. 05908, 426 F.3d 1162; No. Brief for Petitioner at 11. That statement, to be sure, invites this response: A sense of stigma may already become the fate of those separated out by circumstances beyond their immediate control. In addition to classroom separation, students of different races within the same school may separate themselves socially. Jefferson County phrases its interest as racial integration, but integration certainly does not require the sort of racial proportionality reflected in its plan. It is not one in which race-conscious limits stigmatize or exclude; the limits at issue do not pit the races against each other or otherwise significantly exacerbate racial tensions. [Footnote 17] One researcher has stated that the reviews of desegregation and intergroup relations were unable to come to any conclusion about what the probable effects of desegregation were [;] virtually all of the reviewers determined that few, if any, firm conclusions about the impact of desegregation on intergroup relations could be drawn. Schofield, School Desegregation and Intergroup Relations: A Review of the Literature, in 17 Review of Research in Education 356 (G. Grant ed. The plurality pays inadequate attention to this law, to past opinions rationales, their language, and the contexts in which they arise. And if the plurality now chooses to reject that principle, it cannot adequately justify its retreat simply by affixing the label dicta to reasoning with which it disagrees. [Footnote 29] See post, at 2834, 6465. [Footnote 16]. A further 16% were assigned to a school they had not listed. 491 U.S. 524, 54142 (1989) (Scalia, concurring). us/summary. Id. Instead of strict scrutiny, Judge Kozinski would have analyzed the plans under robust and realistic rational basis review. Id., at 1194. In 2003, the petitioner now before us, Crystal Meredith, brought this lawsuit challenging the plans unmodified portions, i.e., those portions that dealt with ordinary, not magnet, schools. See generally Washington v. Seattle School Dist. Today we enjoy a society that is remarkable in its openness and opportunity. 90a92a. Compare, e.g., Green, 391 U.S., at 437438 (School boards operating state-compelled dual systems have an affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch), with, e.g., Milliken, 418 U.S., at 745 (the Constitution does not impose a duty to desegregate upon districts that have not been shown to have committed any constitutional violation). Id., at 162a163a. of Ed., 102 F.Supp. Other amici dispute these findings. It used explicitly racial criteria in making these assignments (i.e., it deliberately assigned to the new middle schools black students, not white students, from the black schools and white students, not black students, from the white schools). First, it seeks to distinguish Swann and other similar cases on the ground that those cases involved remedial plans in response to judicial findings of de jure segregation. Studies suggest that children taken from those schools and placed in integrated settings often show positive academic gains. Id., at 3839, 82. 1, pp. Id. The State must seek alternatives to the classification and differential treatment of individuals by race, at least absent some extraordinary showing not present here. These statements nowhere suggest that this freedom is limited to school districts where court-ordered desegregation measures are also in effect. And their history reveals school district goals whose remedial, educational, and democratic elements are inextricably intertwined each with the others. The dissent points to data that indicate that black and white students in desegregated schools are less racially prejudiced than those in segregated schools. Post, at 40 (internal quotation marks omitted). 05908, pp. Indeed, remedial measures geared toward such broad and unrelated societal ills have no logical stopping point, ibid., and threaten to become ageless in their reach into the past, and timeless in their ability to affect the future, Wygant, supra, at 276 (plurality opinion). 1 McFarland v. Jefferson Cty. Considering the precedent of Grutter v. Bollinger (2003), which is only partly applicable because it concerns higher education, it is apparent that educational institutions must use diversity as one of several admissions criteria rather than setting strict quotas. The groups members have children in the districts elementary, middle, and high schools, App. There has been considerable interest in this case, as demonstrated by the extraordinary number (approximately sixty) of amicus briefs filed in the case. See Barresi v. Browne, 226 Ga. 456, 456459, 175 S.E. 2d 649, 650651 (1970). Apparently Justice Kennedy also agrees that strict scrutiny would not apply in respect to certain race-conscious school board policies. These plans classify individuals by race and allocate benefits and burdens on that basis; and as a result, they are to be subjected to strict scrutiny. Cf. schoolId=1043&reportLevel=School&orgLinkId=1043& Gratz, supra, at 301 (Ginsburg, J., dissenting); Adarand, supra, at 243 (Stevens, J., dissenting); Carter, When Victims Happen To Be Black, 97 Yale L.J. In fact, the defining feature of both plans is greater emphasis upon student choice. See N. St. John, School Desegregation Outcomes for Children 6768 (1975) (A glance at [the data] shows that for either race positive findings are less common than negative findings); Stephan, The Effects of School Desegregation: An Evaluation 30 Years After Brown, in Advances in Applied Social Psychology 183186 (M. Saks & L. Saxe eds. See id., at 1032 (discussing other successful black schools); Walker, Can Institutions Care? See School Comm. Finally, the kind of deference that the Supreme Court will give the School District will also have implications. The NAACPs Second Legal Challenge, 1977. The District contends that these requirements are not met in this case. As to allocating resources for special programs, Seattle and Louisville have both experimented with this; indeed, these programs are often referred to as magnet schools, but the limited desegregation effect of these efforts extends at most to those few schools to which additional resources are granted. In answering this question, the court must first consider a jurisdictional challenge raised by the District and then, if it finds jurisdiction, consider the merits of this question. 1 and Meredith v. Jefferson County Board of Education ( PICS ). Diversity, depending on its meaning and definition, is a compelling educational goal a school district may pursue. It gave third preference to students residing in the neighborhood. In Seattle, then, the benefits of racial diversity require enrollment of at least 31 percent white students; in Jefferson County, at least 50 percent. in No. Many proceeded under the now-rejected view that classifications seeking to benefit a disadvantaged racial group should be held to a lesser standard of review. In Seattle, the parties settled after the school district pledged to undertake a desegregation plan. 1, 149 Wash. 2d 660, 72 P.3d 151 (2003); 137 F.Supp. Governmental use of race-based criteria can arise in the context of, for example, census forms, research expenditures for diseases, assignments of police officers patrolling predominantly minority-race neighborhoods, efforts to desegregate racially segregated schools, policies that favor minorities when distributing goods or services in short supply, actions that create majority-minority electoral districts, peremptory strikes that remove potential jurors on the basis of race, and others. This means that the government must identify a compelling interest and show that it has used a narrowly tailored means to further it. 1, pp. Hence it is important to consider the potential consequences of the pluralitys approach, as measured against the Constitutions objectives. See Brief for Respondent at 13. First, as demonstrated above, the two concepts are distinct. Student Choice, 1988 to 1998. It again cites the MSAP to show that ensuring equal access is a compelling interest. Although racial imbalance can result from de jure segregation, it does not necessarily, and the further we get from the era of state-sponsored racial separation, the less likely it is that racial imbalance has a traceable connection to any prior segregation. But see ante, at 1213, 17, n. 12. The distinction between government and private action, furthermore, can be amorphous both as a historical matter and as a matter of present-day finding of fact. Section 4. Therefore, it took the unusual step of certifying a question for the Washington Supreme Court to answer before it decided the appeal. Stevens, J., filed a dissenting opinion. This racially imbalanced environment has reportedly produced test scores higher across all grade levels in reading, writing and math. Ibid. 05908, at 3942; Research, Evaluation and Assessment, Student Information Services Office, Seattle Public Schools Data Profile: DistrictSummary December 2005, online at http://www.seattleschools.org/ The district retained a racial tiebreaker for oversubscribed schools, which takes effect only if the schools minority or majority enrollment falls outside of a 30% range centered on the minority/majority population ratio within the district. And it is for them to decide, to quote the pluralitys slogan, whether the best way to stop discrimination on the basis of race is to stop discriminating on the basis of race. Ante, at 4041. The fact that Seattle has ceased using the racial tiebreaker pending the outcome here is not dispositive, since the district vigorously defends its programs constitutionality, and nowhere suggests that it will not resume using race to assign students if it prevails. Second, Seattle noted that it has ceased using the racial tiebreaker pending the outcome of this litigation. Jefferson County Public Schools & Parents Involved in Community Schools v. Seattle School District No. . Similarly, in Zaslawsky v. Bd. To Harris? He writes that Justice Breyer misused and misapplied previous Supreme Court precedents in this area and that he greatly exaggerates the consequences of the decision of this case. He admits that there is a cost in applying a state-mandated racial label, post, at 67, but he is confident that the cost is worth paying. Initial plans were implemented in Mobile, Alabama and Mecklenburg County, North Carolina, and in a number of other southern districts in the face of total racial segregation. 2d 750 (opinion of Powell, J. Grutter, supra, at 326; see also Part IIA, infra. This comparison makes clear that the racial demographics in each districtwhatever they happen to bedrive the required diversity numbers. 05915, at 81. Achieving racially balanced school districts does not amount to a compelling government interest that satisfies strict scrutiny. Rather, the Court has insisted upon some showing of prior discrimination by the governmental unit involved before allowing limited use of racial classifications in order to remedy such discrimination. The Courts decision in Croson, supra, reinforced the difference between the remedies available to redress de facto and de jure discrimination: To accept [a] claim that past societal discrimination alone can serve as the basis for rigid racial preferences would be to open the door to competing claims for remedial relief for every disadvantaged group. 1, supra); Hanawalt 3638, 40; Siqueland 3, 184, Table 4. Seattle argues that Parents Involved lacks standing because its current members claimed injuries are not imminent and are too speculative in that, even if the district maintains its current plan and reinstitutes the racial tiebreaker, those members will only be affected if their children seek to enroll in a high school that is oversubscribed and integration positive. Indeed, in the context of school desegregation, this Court has repeatedly stressed the importance of acknowledging that local school boards better understand their own communities and have a better knowledge of what in practice will best meet the educational needs of their pupils. 10226e3(b) (1999). Nonetheless, the Seattle Plan, due to its busing, provoked serious opposition within the State. In the Seattle case, the District Court granted the school district summary judgment, finding, inter alia, that its plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling government interest. In June 2007 the United States Supreme Court issued a narrow five to four ruling invalidating racial integration plans in Seattle, Washington and Louisville, Kentucky. 439 U. S., at 1383. It was consequently necessary to decide with some care which students would attend the new mixed grade. Racial imbalance is not segregation. all the civil rights that the superior race enjoy). Prior to Grutter, the courts of appeals rejected as unconstitutional attempts to implement race-based assignment planssuch as the plans at issue herein primary and secondary schools.
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