parents involved in community schools v seattle summary

The segregationists also relied upon the likely practical consequences of ending the state-imposed system of racial separation. So, the argument proceeds, if race is the problem, then perhaps race is the solution. This leads it to advance propositions that, in my view, are both erroneous and in fundamental conflict with basic equal protection principles. See id., at 380 (“The very analysis for dissolving desegregation decrees supports continued maintenance of a desegregated system as a compelling state interest”).

Data for the Seattle schools in the several years since this litigation was commenced further demonstrate the minimal role that the racial tiebreaker in fact played. 1, p. 29 (“ ‘It is universally held, therefore, that each state shall determine for itself, subject to the observance of the fundamental rights and liberties guaranteed by the federal Constitution, how it shall exercise the police power … . In addition to classroom separation, students of different races within the same school may separate themselves socially. in No. Therefore, as a general rule, all race-based government decisionmaking—regardless of context—is unconstitutional. 05–915, at 97. of Oral Arg. They asked the court to dissolve the desegregation order and to hold the use of magnet school racial guidelines unconstitutional.

The state court returned the case to the Ninth Circuit for further proceedings. I use the words “may need” here deliberately.

See Wygant v. Jackson Bd. The public school population had fallen from about 100,000 to less than 50,000. Justice Kennedy’s second concern is directly related to the merits of Seattle’s plan: Why does Seattle’s plan group Asian-Americans, Hispanic-Americans, Native-Americans, and African-Americans together, treating all as similar minorities? The sweep of the mandate claimed by the district is contrary to our rulings that remedying past societal discrimination does not justify race-conscious government action. [Footnote 1]. (explaining why dicta is not binding). 1, p. 57 (“[T]he people of Kansas .

1, supra. 1, 458 U. S. 457, 460 (1982). 539 U. S., at 316, 335–336.

The opinion of the Court and Justice Breyer’s dissenting opinion (hereinafter dissent) describe in detail the history of integration efforts in Louisville and Seattle. I wholly concur in The Chief Justice’s opinion. There is also evidence that black students attending historically black colleges achieve better academic results than those attending predominantly white colleges. of Ed., 102 F. Supp.

A 1987 Civil Rights Commission Study of 125 school districts in the Nation demonstrated the breadth and variety of desegregation plans: “The [study] documents almost 300 desegregation plans that were implemented between 1961 and 1985. Ohio adds that a “district may object to the enrollment of a native student in an adjacent or other district in order to maintain an appropriate racial balance.” §3313.98 (F)(1)(a). 05–908, at 7. 11–17. 4. The plan created three new middle schools at three school buildings in the predominantly white north end. For the dissent’s purposes, the relevant hard-won gains are the present racial compositions in the individual schools in Seattle and Louisville. in Davis v. County School Board, O. T. 1952, No. In doing so, a reviewing judge must be fully aware of the potential dangers and pitfalls that Justice Thomas and Justice Kennedy mention. Compare Croson, 488 U. S., at 519 (Kennedy, J., concurring in part and concurring in judgment) (racial classifications permitted only “as a last resort”). At least one of the academic articles the dissent cites to support this proposition fails to establish a causal connection between the supposed educational gains realized by black students and racial mixing. This argument is unavailing. But what was constitutionally required of the district prior to 2000 was the elimination of the vestiges of prior segregation—not racial proportionality in its own right. Bd. People Who Care v. Rockford Bd. Although the Constitution almost always forbids the former, it is significantly more lenient in respect to the latter. Our ruling on the merits simply stated that the appeal was “dismissed for want of a substantial federal question.” School Comm. What about historically black colleges, which have “established traditions and programs that might disproportionately appeal to one race or another”? Though the dissent cites every manner of complaint, record material, and scholarly article relating to Seattle’s race-based student assignment efforts, post, at 73–75, it cites no law or official policy that required separation of the races in Seattle’s schools. The reason is obvious: In Seattle, where the overall student population is 41% white, permitting 85% white enrollment at a single school would make it much more likely that other schools would have very few white students, whereas in Jefferson County, with a 60% white enrollment, one school with 85% white students would be less likely to skew enrollments elsewhere. As a consequence, this separate opinion is necessary to set forth my conclusions in the two cases before the Court. Id., at 162a–163a. See also Parents Involved VII, 426 F. 3d, at 1222 (Bea, J., dissenting) (“The way to end racial discrimination is to stop discriminating by race”). The Seattle School District allowed students to apply to any high school. 1, 458 U. S. 457, 472, n. 15 (1982), post, at 56–57, but there this Court expressly noted that it was not passing on the propriety of race-conscious student assignments in the absence of a finding of de jure segregation. Here the racial balance the districts seek is a defined range set solely by reference to the demographics of the respective school districts. What the dissent fails to understand, however, is that the color-blind Constitution does not bar the government from taking measures to remedy past state-sponsored discrimination—indeed, it requires that such measures be taken in certain circumstances. The reasons for rejecting a motives test for racial classifications are clear enough. The Constitution is not that malleable. Pp. The histories also indicate the complexity of the tasks and the practical difficulties that local school boards face when they seek to achieve greater racial integration. Post, at 28 (citing Slaughter-House Cases, 16 Wall. The transfer might have had an adverse effect on the effort to approach district-wide racial proportionality at Young, but it had nothing to do with preventing either the black or “other” group from becoming “small” or “isolated” at Young. Such a view was ascendant in this Court’s jurisprudence for several decades. Similarly, of the 1,461 black students enrolled in the 12 senior high schools in Seattle, 1,151 (or 78.8%) attended 3 senior high schools, and 900 (61.6%) attended a single school, Garfield. 2d 834, 839–840, and n. 6 (WD Ky. 2004) (McFarland I). Accepting racial balancing as a compelling state interest would justify imposing racial proportionality throughout American society, contrary to the Court’s repeated admonitions that this is unconstitutional.

“The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” Wash. Rev. ¶1 McFarland v. Jefferson Cty. [Footnote 28]. of Cal.

11–17, 25–28. appeals for the ninth circuit, CRYSTAL D. MEREDITH, custodial parent and next 05–908, at 137a–139a. ¶1 1996 Memorandum 1–4; Brief for Respondents in No. ?”). To show that the school assignment plans here meet the requirements of the Constitution, I have written at exceptional length. See, e.g., North Carolina Bd. With this explanation I concur in the judgment of the Court. of Ed. Id., at 335–336. The Court need not resolve the parties’ dispute over whether racial diversity in schools has a marked impact on test scores and other objective yardsticks or achieves intangible socialization benefits because it is clear that the racial classifications at issue are not narrowly tailored to the asserted goal. 3, p. 17 (“The Court is … dealing with thousands of local school districts and schools.

Four of Seattle’s high schools are located in the north—Ballard, Nathan Hale, Ingraham, and Roosevelt—and five in the south—Rainier Beach, Cleveland, West Seattle, Chief Sealth, and Franklin. These facts and circumstances help explain why in this context, as to means, the law often leaves legislatures, city councils, school boards, and voters with a broad range of choice, thereby giving “different communities” the opportunity to “try different solutions to common problems and gravitate toward those that prove most successful or seem to them best to suit their individual needs.” Comfort v. Lynn School Comm., 418 F. 3d 1, 28 (CA1 2005) (Boudin, C. J., concurring) (citing United States v. Lopez, 514 U. S. 549, 581 (1995) (Kennedy, J., concurring)), cert. 9–11. The racial makeup of the school population amounted to 43% white, 24% black, and 23% Asian or Pacific Islander, with Hispanics and Native Americans making up the rest. See Brief for Respondents in No. 05–908, pp. Section 4. 1, pp.

of Ed. This cannot be justified in the name of the Equal Protection Clause.

If the dissent were to say that college cases are simply not applicable to public school systems in kindergarten through high school, this would seem to me wrong, but at least an arguable distinction. v. Barnette, 319 U. S. 624, 637 (1943) (“The Fourteenth Amendment … protects the citizen against the State itself and all of its creatures—Boards of Education not excepted”).

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. First, the race-conscious criteria at issue only help set the outer bounds of broad ranges. See, e.g., Crain & Mahard, Desegregation and Black Achievement: A Review of the Research, 42 L. & Contemp.

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