Supreme Court Rejects Use of Racial Tiebreaker, 5-4
The Supreme Court today struck down both Louisville, Kentucky and Seattle's use of race in their school assignment plans (as presented to the Court). The vote was 5-4 down the conservative versus liberal lines with Justice Kennedy being the swing vote. Here's the article from the Times. Justice Kennedy wrote a concurring opinion: "Yet Justice Anthony Kennedy would not go as far as the other four conservative justices, saying in a concurring opinion that race may be a component of school district plans designed to achieve diversity. To the extent that Roberts' opinion can be interpreted to foreclose the use of race in any circumstance, Kennedy said, "I disagree with that reasoning." He agreed with Roberts that the plans in Louisville and Seattle violated constitutional guarantees of equal protection." Justice Kennedy leaves the door open to carefully crafting an enrollment policy that uses race as a factor but, of course, the devil is in the deta...