Diversity Cases Analysis and Resources
Latest development:
The Supreme Court ruled 5-4 in the diversity cases, striking down voluntary integration plans in the public schools of Seattle and Louisville. Chief Justice John G. Roberts, Jr., wrote the majority opinion in the combined cases. The two school districts, Roberts wrote, have "failed to provide the necessary support for the proposition that there is no other way than individual racial classifications to avoid racial isolation in their school districts."
But, the news is not all dire. Justice Anthony M. Kennedy in a separate concurrence explicitly rejected the majority’s contention that racial diversity constituted racial balancing, which is constitutionally impermissible. Justice Kennedy and four other members of the court constituting a majority recognize that diversity as an educational goal remains a compelling government interest. Thus, school boards can continue to pursue those educational priorities through careful race-conscious policies. In addition, other measures remain available to school district in support of diversity, including site selection, magnet program, and attendance zones. Particularly significant is Justice Kennedy’s statement that, "The decision today should not prevent school districts from continuing the important work of bringing together students of different racial, ethnic, and economic backgrounds," and his exhortation to public schools to "find a way" to achieve the compelling interest of diversity in a permissible way.
National School Boards Association Amicus Brief
Jefferson County, Kentucky Case:
Seattle, Washington Case:
Legal Clips Coverage
BoardBuzz Coverage
Richard D. Kahlenberg on Socioeconomic School Integration
Lost Learning, Forgotten Promises, A National Analysis of School Racial Segregation, Student Achievement, and “Controlled Choice” Plans, By Douglas Harris
Links for SCOTUS Blog
NAACP Legal Defense Fund
Harvard Civil Rights Project