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05915, at 97. To Harris? See ante, at 3436. There was no doubt that the county had operated a dual school system, McDaniel, supra, at 41, and no one questions that the obligation to disestablish a school system segregated by law can include race-conscious remedieswhether or not a court had issued an order to that effect. The idea that if race is the problem, race is the instrument with which to solve it cannot be accepted as an analytical leap forward. 05915, pp. Roberts cites Adarand, supra, at 227, 115 S. Ct. 2097, 132 L. Ed. Parents of students denied assignment to particular schools under these plans solely because of their race brought suit, contending that allocating children to different public schools on the basis of race violated the Fourteenth Amendment guarantee of equal protection. The majority suggests that Seattles classification system could permit a school to be labeled diverse with a 50% Asian-American and 50% white student body, and no African-American students, Hispanic students, or students of other ethnicity. The districts offer no evidence that the level of racial diversity necessary to achieve the asserted educational benefits happens to coincide with the racial demographics of the respective school districtsor rather the white/nonwhite or black/other balance of the districts, since that is the only diversity addressed by the plans. In doing so, it consulted widely with parents and other members of the local community, using public presentations, public meetings, and various other methods to obtain the publics input. 89. Assigning to each student a personal designation according to a crude system of individual racial classifications is quite a different matter; and the legal analysis changes accordingly. Mr. Korrell. Roberts cites to: "Id., at 330, 123 S. Ct. 2325, 156 L. Ed. v. Goose Creek Consol. The Jefferson County public schools were previously segregated by law and were subject to a desegregation decree entered in 1975. Revisited: Desegregation to Resegregation, 52 J. Negro Educ. There the Court sustained a system that, it found, was flexible enough to take into account all pertinent elements of diversity, 539 U. S., at 341 (internal quotation marks omitted), and considered race as only one factor among many, id., at 340. . How do the educational and civic interests differ in kind from those that underlie and justify the racial diversity that the law school sought in Grutter, where this Court found a compelling interest? id., at 390 (Kennedy, J., dissenting) (expressing concern about narrow fluctuation band[s]). Cf. Any classification based strictly on race, as the majority notes, still must be predicated on a demonstration that it is necessary. 05915, p. 10; see also App. Croson, supra, at 505; Wygant, supra, at 279, n.5 (plurality opinion). 05915, at 37 (Each [Jefferson County] school has a designated geographic attendance area, which is called the resides area of the school[, and each] such school is the resides school for those students whose parents or guardians residence address is within the schools geographic attendance area); id., at 82 (All elementary students shall be assigned to the school which serves the area in which they reside); and Brief for Respondents in No. By 1984, after several schools had fallen out of compliance with the orders racial percentages due to shifting demographics in the community, the school board revised its desegregation plan. App. Segregation in the South grew up and is kept going because and only because the white race has wanted it that wayan incontrovertible fact which itself hardly consorts with equality). It also argues that the plan is not narrowly tailored because it does not seek integration at all racially imbalanced schools, only certain ones. Unless we believe that the Constitution enforces one legal standard for the South and another for the North, this Court should grant Seattle the permission it granted Clarke County, Georgia. In challenging standing, Seattle also notes that it has ceased using the racial tiebreaker pending the outcome of this litigation. Furthermore, it is unclear whether increased interracial contact improves racial attitudes and relations. The plan that was the source of this litigation allowed students entering the ninth grade to rank the schools they wanted to attend. of Ed., 395 U. S. 225, 232 (1969) (approving a lower court desegregation order that provided that the [school] board must move toward a goal under which in each school the ratio of white to Negro faculty members is substantially the same as it is throughout the system, and immediately requiring [t]he ratio of Negro to white teachers in each school to be equal to the ratio of Negro to white teachers in the system as a whole). Indeed, the consequences of the approach the Court takes today are serious. v. Penick, 443 U. S. 449, 455, n.3 (1979); Davis v. Board of School Commrs of Mobile Cty., 402 U. S. 33, 3738 (1971); Green v. School Bd. Decisions to assign students to schools within each cluster are based on available space within the schools and the racial guidelines in the Districts current student assignment plan. Id., at 38. PICS counters that, far from accomplishing these lofty goals, the Districts plan is simply making trivial changes in pigmentation diversity in just a few of the schools that are actually imbalanced. The histories also make clear the futility of looking simply to whether earlier school segregation was de jure or de facto in order to draw firm lines separating the constitutionally permissible from the constitutionally forbidden use of race-conscious criteria. Two of the plaintiffs in this case had children who were entering high school in the fall of 2000. Brief for Respondents in No. See App. Educational policy has been traditionally within the power of the states. 05915, p.97. 1996). Louisville's population is about 58% White; 38% Black, 2% Asian, 1.3% Hispanic. Code Ann. 1*, How are the Equal Protection rights of public high school students affected by the jurisprudence of. Id., at 162a163a. in 05915, p. 20. The suit alleged that they were denied entrance because they were black. Grutter, supra, at 364365 (Thomas, J., concurring in part and concurring in judgment) (citing sources); see also Fordice, 505 U. S., at 748749 (Thomas, J., concurring). See, e.g., Coleman, Desegregation of the Public Schools [Footnote 4]. The NAACPs Second Legal Challenge, 1977. Roberts replied that these classifications were clearly not necessary, since they had a "minimal effect" on student assignments. Consequently, even though the issue was in some respect moot with respect to that petitioner, jurisdiction existed. in No. He made it clear that "To be forced to live under a state-mandated racial label is inconsistent with the dignity of individuals in our society". In support, the dissent unquestioningly cites certain social science research to support propositions that are hotly disputed among social scientists. The minimal effect these classifications have on student assignments, however, suggests that other means would be effective. In such cases, race-based remedial measures are sometimes required. 2d 304. More specifically, the Court stated that race could be used as a plus, but not in such a way that isolates the applicant from the pool of those being considered. Pp. And when de facto discrimination is at issue our tradition has been that the remedial rules are different. A court finding of de jure segregation cannot be the crucial variable. ment one would expect to find if black achievement were contin- Given this tenuous relationship between forced racial mixing and improved educational results for black children, the dissent cannot plausibly maintain that an educational element supports the integration interest, let alone makes it compelling. I quote the Illinois Supreme Court at length to illustrate the prevailing legal assumption at the time Swann was decided. The plurality says that cases such as Swann and the others I have described all were decided before this Court definitively determined that all racial classifications . 45 (Dec. 19, 1991) (1991 Memorandum). Numerous state and federal courts explicitly relied upon Swanns guidance for decades to follow. ); internal quotation marks omitted). 2001) (describing President Nixons lobbying for affirmative action plans, e.g., the Philadelphia Plan); White, Affirmative Actions Alamo: Gerald Ford Returns to Fight Once More for Michigan, Time, Aug. 23, 1999, p. 48 (reporting on President Fords support for affirmative action); Schuck, Affirmative Action: Past, Present, and Future, 20 Yale L. & Poly Rev. In Wygant, a school district justified its race-based teacher-layoff program in part on the theory that minority teachers provided role models for minority students and that a racially diverse faculty would improve the education of all students. Grutter, supra, at 352 (opinion of Thomas, J.) He admits that there is a cost in applying a state-mandated racial label, post, at 67, but he is confident that the cost is worth paying. So long as the plan is narrowly tailored, meaning that it uses the least restrictive means to obtain the benefits that flow from diversity and implements a plan that does not result in an impermissible quota, school districts can have some say in the racial make-up of their student body. This is confirmed by the fact that Seattle has been able to achieve a desirable degree of diversity without the greater emphasis on race that drawing fine lines among minority groups would require. They are tied to each districts specific racial demographics, rather than to any pedagogic concept of the level of diversity needed to obtain the asserted educational benefits. Consequently, school boards seeking to remedy those societal problems with race-based measures in schools today would have no way to gauge the proper scope of the remedy. Some schools are more popular than others. [Footnote 3]. These plans are unnecessarily crude solutions to the problem of school segregation, which can be achieved through more indirect means. Some have concluded that black students receive genuine educational benefits. 2d 753, 762764 (WD Ky. 1999). (In my opinion, it is not necessary to find that the Board of Education has been guilty of racial discrimination in the past to support the conclusion that it has a legitimate interest in employing more black teachers in the future). We raise this fact not to argue that the dismissal should be afforded any different stare decisis effect, but rather simply to suggest that perhapsfor the reasons noted abovethe dismissal does not mean what Justice Stevens believes it does. The dissents permissive strict scrutiny (which bears more than a passing resemblance to rational-basis review) could invite widespread governmental deployment of racial classifications. in No. In each case, the school district relies upon an individual students race in assigning that student to a particular school, so that the racial balance at the school falls within a predetermined range based on the racial composition of the school district as a whole. Resort to the record, including the parties Stipulation of Facts, further confuses the matter. 1, 551 U.S. 701 (2007), also known as the PICS case, is a United States Supreme Court case which found it unconstitutional for a school district to use race as a factor in assigning students to schools in order to bring its racial composition in line with the composition of the district as a whole, unless it was remedying a prior history of de jure segregation. And I have explained how the plans before us are more narrowly tailored than those in Grutter. First, Kennedy harshly faults the dissent for consciously ignoring the difference between de jure and de facto segregation. Indeed, the record before us suggests the contrary. Both the District Court and the Court of Appeals for the Sixth Circuit rejected Merediths challenge and held the unmodified aspects of the plan constitutional. tutional Provisions in the States Where Segregation in Education is Institutionalized). Public Schools, 416 F.3d 513 (2005); Memorandum from Stephen W. Daeschner, Superintendent, to the Board of Education, Jefferson Cty. These changes conformed with the concurring opinion of Justice Kennedy. The principal interest advanced in these cases to justify the use of race-based criteria goes by various names. Again, neither school board asserts that its race-based actions were taken to remedy prior discrimination. [31], The opinion came less than two months before the start of the regular school year in King County and less than three weeks before the start of year-round school in the District. 1986). By this term, I mean the school districts interest in eliminating school-by-school racial isolation and increasing the degree to which racial mixture characterizes each of the districts schools and each individual students public school experience. A. Croson Co., 488 U. S. 469, 507 (1989); Bakke, 438 U. S., at 307 (opinion of Powell, J.) . 10226e3(b) (1999). Second, there is an educational element: an interest in overcoming the adverse educational effects produced by and associated with highly segregated schools. 935, 937 (1989) (calling Brown the Supreme Courts greatest anti-discrimination decision); Brief for United States as Amicus Curiae in Brown, 347 U. S. 483; Dudziak, Brown as a Cold War Case, 91 J. 5 (Jan. 2003), online at http://www.civilrightsproject.harvard.edu/research/reseg03/AreWeLosingtheDream.pdf (Frankenberg, Lee, & Orfield) (using U. S. Dept. in No. See Craig v. Boren, 429 U. S. 190, 211 (1976) (concurring opinion). See also Statement of Appellees Opposing Jurisdiction and Motion to Dismiss or Affirm in Davis v. County School Board, O.T. 1952, No. However, shortly after we dismissed the Massachusetts suit for want of a substantial federal question, the Illinois Supreme Court reversed course and upheld its statute in the published decision that Justice Breyer extensively quotes in his dissent. 90a92a. in No. . It is well established that when a governmental policy is subjected to strict scrutiny, the government has the burden of proving that racial classifications are narrowly tailored measures that further compelling governmental interests. Johnson, supra, at 505 (quoting Adarand Constructors, Inc. v. Peńa, 515 U. S. 200, 227 (1995)).
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