Supreme Court Rejects Two Schools' Integration Effforts

2007_06_brownvsbd.jpgShowing how divided its philosophies are, Supreme Court justices ruled, 5-4, to limit the power cities have integrating schools and placing students by race. Schools in Louisville, Kentucky and Seattle, Washington had been trying to maintain diversity by, as the NY Times explains, "limiting transfers on the basis of race or using race as a 'tiebreaker' for admission to particular schools." However, the majority found those programs to be unconstitutional and Chief Justice John Roberts wrote in his opinion, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

The wrinkle in the majority is that Justice Anthony Kennedy felt Roberts' decision was "all-too-unyielding" and suggested local officials could consider race: "Fifty years of experience since Brown v. Board of Education should teach us that the problem before us defies so easy a solution. School districts can seek to reach Brown’s objective of equal educational opportunity." And while Roberts' said the majority opinion held tenets of Brown Vs. the Board of Education, lawyers for Brown say he's not getting the point.

The ruling doesn't affect the NYC's Department of Education too much, except now it may be able to challenge integration rules at two schools that were put into place over three decades ago. It's unclear what will happen with the 11-year-old South Asian girl who was denied attendance to one of those schools, the Mark Twain School (IS 239) in Brooklyn, based on her race, but her dad said the Supreme Court ruling was "awesome."

More: The Library of Congress on Brown Vs. the Board of Education; the Seattle Post-Intelligencer explains how "racial tie-breakers" came to be; Slate's discussion about the ruling; and Washington Post analysis on how the Court has moved to the right.

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Nice Orwellian leftist PC headline- typical of a Columbia student. The Supreme Court actually just rejected the institutional racism that liberals love bitching about oh so much.

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“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

Hmmm...that almost makes *too much* sense. ;-)

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i'm no right winger, and was heavily opposed to alito's appointment

but i agree with this decision

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Ah, Comment #1 reminds me why I filter guest comments...

While quota's may or may not be the ideal solution, racism and discrimination exists. That percentage was an attempt to correct an existing condition that still exists today despite what deniers say.

What to do when the Schools are staffed with people who discriminate? Just say "Racism doesn't exists! Let them get in by pure Merit!"?

Just saying that isn't enough. As I said, quota's may or may not be the ideal solution, but at least it is an attempt. Pretending it does not exists isn't an attempt at all.

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Ah, Comment #1 reminds me why I filter guest comments...

Because you're a typical New York liberal that won't listen to any opinion that conflicts with your own?

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S.D. your post makes no sense. You seem to have the position that simply putting black kids and white kids in the same classroom magically ends racism.

Brown v. Board of Ed was supposed to ended forced segregation under the guise of "seprerate but equal". These current plans are forcing further mixing of the races that have self segrated either by choice or more likely by economic status which is the real problem in this country. Anyway, if the schools are of equal quality then you can't cry racism simply because the white people live in one part of town and the black people live in another part of town. If the schools are not of equal quality then that is another issue altogether.

Anyway, I bet any and all liberal New Yorkers would fight until they were blue in the face if they were told they couldn't move their child out of a school because it would leave too few white kids and thus upsetting the balance.

Wait.... so does this mean that AA for school admissions is effectively dead?

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These citiies should just end run the Court and institute student distribution based on economic status.

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#6 As I said, quota's may or may not be the ideal solution, but at least it is an attempt.

What I wrote was clear statement, you just refuse to see it. It's been demonstrated that schools are not of equal quality.

As I pointed out: you not suggesting an alternative.

No sarcasm: Do you acknowledge that their is a problem that needs addressing? What solution, if any, do you propose?

BTW, Loved the "mixing of the races" part...

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Jen Chung strikes again.

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S.D. you're still not making any sense. You're not even talking in complete sentences.

quota's may or may not be the ideal solution, but at least it is an attempt.

An attempt at what exactly?

If the schools in any particular city are not equal (which I think we agree on so I don't know why you snapped at me with the "you refuse to see i" line), how about fixing the school? Do you really believe mixing the races (why do you have a problem with that phrase) makes a school better? This seems to be the left's only solution.

And I love Hillary Clinton's line at the debate last night about how the Courth was taking away the right of the locality to run their schools as they see fit. So she's a Republican now?

Since your Not getting it (and likely trying to bait me), I'll spell it out for you yet again:
quota's may or may not be the ideal solution, but at least it is an attempt to deal with an existing issue.

Um, You do know what that issue is, Right?

"mixing the races" really makes you seem like a racist. I'm human, and I'll assume you are too.

Among other things, mixing different ethnic student groups leads to better understanding between those groups. Say, Are you actually advocating segregation? It seems that you are.

Once Again:
Do you acknowledge that there is a problem that needs addressing?
What solution, if any, do you propose?

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"mixing the races" really makes you seem like a racist. I'm human, and I'll assume you are too.

In all seriousness, how does that make me a racist? I am not at all trying to bait you into anything. I am trying to understand what is so bad about this ruling. I watched the debate last night and I say a lot of pandering but not a lot of explaining.

And the more you ask me "do you know what the issue is" the more I am convinced we are NOT talking about the same thing. Really, to you, what IS tje issue?

To me, the problem is that some schools are good and some are bad. Racial balance is a feel good project but it is in no way a solution to anything. I wouldn't make it my top priority. Furthermore, the problems in this country are mostly economic. If you are poor you are likely to live in an area with lower quality schools. And if you are poor you are more likely to have a parent that doesn't push you to value education. But we aren't allowed to say such things in America. Go ahead. Call me a racist.

If someone really wanted to make a bold proposal it would be to toally delink school funding from property values i.e. suburbs with high tax property values and therefore high tax collections keep their money local and spend it on the schools. Once again, economic issue.

yes this is a great blow to white racist liberals and their lackeys.

AA in schools is anti-asian and anti competition.

(sigh)
I said "mixing the races" really makes you seem like a racist.

As I think you mean Ethnicity I advise you against using it in the context you have. I'll be direct: I don't think your a racist, I do think you mean "ethnicity" instead of "race".

IMO, The issue here is that discrimination exists at all levels of society and this percentage system they used in Seattle and Louisville was implemented to help combat that at the school level.

History has shown that the Separate but equal laws used to enforce Segregation didn't work for minorities. The new fear is that this ruling makes it easier to end integration in schools. Personally, I feel integration is a good thing and should be continued. I don't think it's a "Feel Good" project as kids learn that people of all ethnicities have more in common.

You said:

"And if you are poor you are more likely to have a parent that doesn't push you to value education. But we aren't allowed to say such things in America."
My experience has been the exact opposite. I know many families that were either poor immigrants or simply did not have a good education. They encouraged their children to get a College education to better their lives. I don't know what America you live in, but you're free to say whatever you like.

I can respect that you think that this is an economic problem only, but don't you think it's interesting that Economic boundaries often mirror ethnic boundaries? Do you suppose that's merely a coincidence?

I don't think this is a "Economic" issue. IMO, given the chance, local gov't will NOT equally fund minority schools. This was demonstrated with the "Separate but Equal" laws.

Off topic, I wish you'd get an ID on Gothamist as I tend to ignore "Guest" comments.

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ha ha, a racist was just outed,
anyone who uses the phrase "mixing the races" probably believes the one drop rule, the fourteen words doctrine and the phrase I will fight for the survival of the PURITY of my race.
another racist was outed.

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This is a Different Guest:

S.D., you are talking about segregation, but Justice Thomas in his concurring opinion draws a line between segregation and racial imbalance, which I believe is the same point being made by others here. Would you care to respont to J. Thomas' opinion:

Racial imbalance is the failure of a school district's individual schools to match or approximate the demographic makeup of the student population at large. Cf. Washington v. Seattle School Dist. No. 1, 458 U. S. 457, 460 (1982). Racial imbalance is not segregation.2 Although presently observed racial imbalance might result from past de jure segregation, racial imbalance can also result from any number of innocent private decisions, including voluntary housing choices. See Swann, supra, at 25-26; Missouri v. Jenkins, 515 U. S. 70, 116 (1995) (Thomas, J., concurring). Because racial imbalance is not inevitably linked to unconstitutional segregation, it is not unconstitutional in and of itself. Dayton Bd. of Ed. v. Brinkman, 433 U. S. 406, 413 (1977); Dayton Bd. of Ed. v. Brinkman, 443 U. S. 526, 531, n. 5 (1979) ("Racial imbalance ... is not per se a constitutional violation"); Freeman v. Pitts, 503 U. S. 467, 494 (1992); see also Swann, supra, at 31-32; cf. Milliken v. Bradley, 418 U. S. 717, 740-741, and n. 19 (1974).

Although there is arguably a danger of racial imbalance in schools in Seattle and Louisville, there is no danger of resegregation. No one contends that Seattle has established or that Louisville has reestablished a dual school system that separates students on the basis of race.


It seems to me that Affirmative Action is a band-aid solution and it isn't going to solve the problem of racism in this country. I also think that it is unfair and actually aggravates racial tension (as can be seen from the comments above).

It seems to me that segregation in America is caused primarily by economic class differences and it just so happens that whites (generally speaking) have more money than minorities, so whites live in rich neighborhoods and minorities live in poor neighborhoods. I think that the solution is spreading tax dollars from the rich communities to all schools in a region (the rich neighborhoods basically subsidize the poor). This solution improves the schools for the poor and gives them a fighting chance and naturally the poor (minorities) have the ability to make it in this country along with the higher economic classes (mostly whites). This solution does work in many European countries and in Canada.

Speaking of problems with education, access to post-secondary education in this country (access to college) is a joke. I really have no idea how a child from the Bronx is supposed to attend Brown or Harvard (if not for a scholarship). Tuitions are too high, gov't loans are too small and nepotism is abundent.

I could go on but I'm about to get slammed by people who are much farther to the right than I on the political spectrum.

I don't know if sharing our ideas on these forums is helpful. Do any of us really listen to each other?

#17, I respectfully disagree with Justices Thomas opinion. He wrote:

"Racial imbalance is the failure of a school district's individual schools to match or approximate the demographic makeup of the student population at large."
Which is, IMO, is one reason why that percentage system was put in place. Also:
"Although presently observed racial imbalance might result from past de jure segregation, racial imbalance can also result from any number of innocent private decisions, including voluntary housing choices."
touches on another issue as well. Can minorities afford to live in affluent areas? And if not, does this constitute a "choice"? People make the valid point that Tax dollars need to be fairly distributed, but that often isn't the case. I can't find the link right now, but remember the NY State ruling that determined that NYC public school students are getting short changed in NY State education funding? I think that's a current example of Tax dollars not getting fairly distributed.

VanessaNYC, fair enough but how would you help counter racism here? As mentioned, a Percentage system in Seattle and Louisville was implemented to help combat that at the school level.

What did you think of the "Separate but equal" laws? Tax dollars were spent less in minority schools despite the lip service given to "Separate but equal". IMO, the local gov't will not spread the tax dollars in a uniform manner (see above). Here in NYC, some school districts get better funding than others. I don't think it's a conspiracy, just local gov't (city council) taking care of it's own. The end result means that some schools get lower funding while others get better funding.

As for secondary education, opportunities still exist. Me, I went to CUNY and I'm doing fine.

One of the victories of the the civil rights movement was the integration of schools. The fear is that this is the beginning of turning back those victories.

It's just my opinion, but I think any discussion of ideas is helpful.

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