If there were further remediation to be done, the District Court could not logically have reached the conclusion that Louisville “ha[d] eliminated the vestiges associated with the former policy of segregation and its pernicious effects.” Ibid. More recently, the school district sent a delegation of high school students to a “White Privilege Conference.” See Equity and Race Relations White Privilege Conference, https://www.seattleschools. Nineteen of the district’s forty-six elementary schools were between 80% and 100% black. When the actual racial breakdown is considered, enrolling students without regard to their race yields a substantially diverse student body under any definition of diversity. Psychological Ass'n, et al. boundary lines” and “executing school attendance policies” that would create and maintain “predominantly Negro or non-white schools,” and in part by building schools “in such a manner as to restrict the Negro plaintiffs and the class they represent to predominantly negro or non-white schools.” The complaint also charged that the board discriminated in assigning teachers.

Although the matter was the subject of disagreement on the Court, see id., at 346–347 (Scalia, J., concurring in part and dissenting in part); id., at 382–383 (Rehnquist, C. J., dissenting); id., at 388–392 (Kennedy, J., dissenting), the majority concluded that the law school did not count back from its applicant pool to arrive at the “meaningful number” it regarded as necessary to diversify its student body. Because of Justice Kennedy, Grutter's transformative potential - obscured but not extinguished - now waits for a more sympathetic Court to recognize it. “The Constitution abhors classifications based on race, not only because those classifications can harm favored races or are based on illegitimate motives, but also because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all.” Grutter, supra, at 353 (opinion of Thomas, J.). In the Jefferson County case, the District Court found that the school district had asserted a compelling interest in maintaining racially diverse schools, and that its plan was, in all relevant respects, narrowly tailored to serve that interest.

These districts have followed this Court’s holdings and advice in “tailoring” their plans. Yesterday, the plans under review were lawful. Having looked at dozens of amicus briefs, public reports, news stories, and the records in many of this Court’s prior cases, which together span 50 years of desegregation history in school districts across the Nation, I have discovered many examples of districts that sought integration through explicitly race-conscious methods, including mandatory busing.

When formulating the plans under review, both districts drew upon their considerable experience with earlier plans, having revised their policies periodically in light of that experience. 1 stifled Grutter's expansive potential. 1? Ed. They were further persuaded that these plans differed from other race-based programs this Court has considered because they are “certainly more benign than laws that favor or disfavor one race, segregate by race, or create quotas for or against a racial group,” Comfort, 418 F. 3d, at 28 (Boudin, C. J., concurring), and they are “far from the original evils at which the Fourteenth Amendment was addressed,” id., at 29; 426 F. 3d, at 1195 (Kozinski, J., concurring).

Id., at 470. 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 3] If it is still necessary to select students for the school after using the racial tiebreaker, the next tiebreaker is the geographic proximity of the school to the student’s residence.

By 1988, many white families had left the school district, and many Asian families had moved in. Thus, the programs are subject to the general rule that government race-based decisionmaking is unconstitutional. Beyond those minimum requirements, the Court left much of the determination of how to achieve integration to the judgment of local communities. It is not clear why the racial guidelines were even applied to Joshua’s transfer application—the guidelines supposedly do not apply at the kindergarten level. in 05–915, p. 20. As the district fails to account for the classification system it has chosen, despite what appears to be its ill fit, Seattle has not shown its plan to be narrowly tailored Adams, Michelle, Parents Involved in Community Schools v. Seattle School District No. In Grutter, the number of minority students the school sought to admit was an undefined “meaningful number” necessary to achieve a genuinely diverse student body, 539 U. S., at 316, 335–336, and the Court concluded that the law school did not count back from its applicant pool to arrive at that number, id., at 335–336. What does the plurality say in response?

2d 834, 837–845, 855–862 (WD Ky. 2004).

Cardozo Legal Studies Research Paper No. Joshua McDonald’s requested transfer was denied because his race was listed as “other” rather than black, and allowing the transfer would have had an adverse effect on the racial guideline compliance of Young Elementary, the school he sought to leave. 1986) (upholding rezoning plan under rational-basis review). What’s your understanding of when a school suffers from racial isolation? As the foregoing demonstrates, racial balancing is sometimes a constitutionally permissible remedy for the discrete legal wrong of de jure segregation, and when directed to that end, racial balancing is an exception to the general rule that government race-based decisionmaking is unconstitutional. 05–908, at 19–20; Brief for Respondents in No. Upon Joshua’s enrollment in middle school, he may again be subject to assignment based on his race. all the civil rights that the superior race enjoy”). 05–915, at 8–9. For the reasons discussed above, however, I disagree with Justice Kennedy that Seattle and Louisville have not done enough to demonstrate that their present plans are necessary to continue upon the path set by Brown. siso/reports/anrep/altern/938.pdf. And, in Seattle, the disadvantaged student loses at most one year at the high school of his choice.

They resemble other plans, promulgated by hundreds of local school boards, which have attempted a variety of desegregation methods that have evolved over time in light of experience. (“[A]ll governmental action based on race—a group classification long recognized as ‘in most circumstances irrelevant and therefore prohibited,’ Hirabayashi [v. United States, 320 U. S. 81, 100 (1943)]—should be subjected to detailed judicial inquiry to ensure that the personal right to equal protection of the laws has not been infringed” (first emphasis in original); Metro Broadcasting, supra, at 636 (“[O]ur Constitution protects each citizen as an individual, not as a member of a group” (Kennedy, J., dissenting)); Bakke, supra, at 289 (opinion of Powell, J.)

Section 4.

in No. After assignment, students at all grade levels are permitted to apply to transfer between nonmagnet schools in the district. 662. At the same time, all students were free subsequently to transfer from the school at which they were initially placed to a different school of their choice without regard to race. They do not seek to award a scarce commodity on the basis of merit, for they are not magnet schools; rather, by design and in practice, they offer substantially equivalent academic programs and electives. In other words, it is not desegregation per se that improves achievement, but rather the learning advantages some desegregated schools provide.” Id., at 744. For the plurality now to insist as it does, ante, at 27–28, that these school districts ought to have said so officially is either to ask for the superfluous (if they need only make explicit what is implicit) or to demand the impossible (if they must somehow provide more proof that there is no hypothetical other plan that could work as well as theirs). See Appendix A, infra.

Accord, post, at 48 (“[L]ocal 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”); post, at 66 (“[W]hat of respect for democratic local decisionmaking by States and school boards?”); ibid. “ ‘[I]ntegration,’ ” we are told, has “three essential elements.” Ibid. See, e.g., Swann, supra, at 16; Seattle School Dist. I cannot rely upon Swann’s statement that the use of race-conscious limits is permissible without showing, rather than simply asserting, that the statement represents a constitutional principle firmly rooted in federal and state law. Finally, the dissent asserts a “democratic element” to the integration interest. The government bears the burden of justifying its use of individual racial classifications. [Footnote 23] And foreshadowing today’s dissent, the segregationists most heavily relied upon judicial precedent. To the extent the objective is sufficient diversity so that students see fellow students as individuals rather than solely as members of a racial group, using means that treat students solely as members of a racial group is fundamentally at cross-purposes with that end. in No. Percentage of Students in Minority Schools by Race, 2000–2001.

Nothing but an interest in classroom aesthetics and a hypersensitivity to elite sensibilities justifies the school districts’ racial balancing programs.

5 (Jan. 2003), online at http://www.civilrightsproject.harvard.edu/ research / reseg03 /Are WeLosingtheDream.pdf (Frankenberg, Lee, & Orfield) (using U. S. Dept. Contrary to the dissent’s rhetoric, neither of these school districts is threatened with resegregation, and neither is constitutionally compelled or permitted to undertake race-based remediation. of Boston, the Illinois Supreme Court had issued an unpublished opinion holding unconstitutional a similar statute aimed at eliminating racial imbalance in public schools. When the government classifies an individual by race, it must first define what it means to be of a race. Jenkins, supra, at 121 (Thomas, J., concurring); cf. 3, p. 5 (“[I]t would be difficult to find from any field of law a legal principle more repeatedly and conclusively decided than the one sought to be raised by appellants”); Brief for Appellees in Davis v. County School Board, O. T. 1953, No. Code §49.60.400(1) (2006). Justice Breyer’s dissent also asserts that these cases are controlled by Grutter, claiming that the existence of a compelling interest in these cases “follows a fortiori” from Grutter, post, at 41, 64–66, and accusing us of tacitly overruling that case, see post, at 64–66. But I am quite comfortable in the company I keep. See, e.g., S. Carter, No Excuses: Lessons from 21 High-Performing, High-Poverty Schools 49–50, 53–56, 71–73, 81–84, 87–88 (2001); A. Thernstrom & S. Thernstrom, No Excuses: Closing the Racial Gap in Learning 43–64 (2003); see also L. Izumi, They Have Overcome: High-Poverty, High-Performing Schools in California (2002) (chronicling exemplary achievement in predominantly Hispanic schools in California). (We consider only the ninth grade since only students entering that class were subject to the tiebreaker, and because the plan was not in place long enough to change the composition of an entire school.) And so it is, in prestige, in achievements, in education, in wealth and in power. 3, p. 17 (“The Court is … dealing with thousands of local school districts and schools. 05–908, at 103a. 72); Brief for Respondents in No. These allegations were never proved and were not even made in this case.

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