Students Doe Exhibit 76chris ‘Wednesday, August 13, 2008 4:03 PM ‘McGinley, Christopher ‘SFGate: Supreme Court: Schools can't use race to assign students, ‘This article was set to youby someone who found iton SFGate. ‘The original ancl canbe found on SFGate.com here: larow: joa efile /AOOINGANBAC DT ‘Thursday, June 28, 2007 (SF Chronicle) Supreme Court Schools cat use race to assign stadets Bob Egelko, Chronicle Staff Writer (06-28) 10:17 PDT WASHINGTON, D.C. ~ The Supeeane Court dealt a severe ‘blow to schoo! integration efforts today, ruling tat the Constitution forbids assigning students o particular schools because oftheir race, ‘even when te goals campus diversity ‘The 5-4 rating, on the last day ofthe 2006-07 term, came 53 years after ‘He court unanimously outawed racial segregation in public schools and ‘declared that segregated schools are inherently uncqual. Today's decision invoked some of the same conceps of racial equality (o srke down :ace-conscious enrollment systems in Seattle and Louisvil, Ky, similar to programs in hundred of scnol districts nationwide. “The state must sek aternatives tothe classification an differs ‘ueatment of individuals by rae, atleast absent some exraedinary showing not present her,” said Tustioe Anthony Kennedy, who cast the decisive fifth vote against we Seale and Louisville isis. “The courts most conservative members, led by Chief ustie John Robert, ‘would lave gone further and banoed all schoo! dist efforts traci balancing, saying they violated the principle ofa “coloring” Constitution. Kennedy disagreed, saying racial diversity in poblic schools is legitimate goal, but ta it generally must be pursed by sich measures as designing attendance zones or locating new schools to minimize ‘cial isolation rather than assigning individual students onthe basis of er race. [those measures ar inadoquat, he sid, a school maybe able to justify, ‘an enrollment system tht takes a stdem's ace ino scout. Kennedy did ‘ot define those circumstances bu sai the Seatle and Louisville itt Failed to meet is est. Dissenting justices said he ring endangered the principles of racial ‘equality established inthe Iavimark 1954 rung, Brown vs. Board of Education. "The last half-century has witnessed great strides toward racial equality, ‘bat we lave not yet realize the promise of Brow,” ssid Jesice Stephen Breyer. To invalidate the plans under review is to tveseathe promise ‘of Brown, The (Robeats) postion | fear, would break that promise. This {sa decision thatthe cout andthe nation wil come to regret” ‘The rating comes four years after the court allowed public universities to PAB Lwsp04934consider applicant race sone of several factors to promot a diverse student body. The 5-4 majority in that case inctnded Justice Sandra Day (O'Connor, who rete last yea and was replaced by Justice Saxmel Alito, ‘an appoints of President Bush who joined Roberts opiaion today. The court majority said today it was nt questioning the 2003 ung. ‘The decision affects mmnerous schoo districts that have opted _ace-conscions enrollment systems to offs the effet of housing patterns and parental choice that have resid in heavily white and minority school even after the abolition of state sponsored segregation. ‘According to a report by the Civil Rights Project at Havard University, ‘Whites made up 58 peceat ofthe nation’s pubic school enrolment in 2003, but the average white student attended a schoo that was meaty 80 percent white. Afican Americans socouned for 17 prea ofall students, ‘but the average black stndent attended a schol that was 53 percet black. Latinos made up 19 percent of enrollment but stead schoo that were ‘typically 55 percent Latino, “The impact of today’s ruling on California is es clear, because sate ‘voters may have alreafy oulawed race-based enone systems more than a decade agp Proposition 209, passed in 1996, prohibited race and sex prefereaces in ‘public education, employment and contracting. The sate Supreme Court has ‘declared that the iniatve bas all government casifcaons that treat the races differed, but has never ruled on ts pplication 10 poblic schools. ‘San Francisco's new school superintendent, Carlos Garcia, said eaiee {tis month be woul ike o resume the wse of race as 2 for in enrollment, a position shared by a majority ofthe schoo board. Students! ce was considered in school asignments under court omer in effect ‘from 1983 uni 2001, when racial considerations were prokbited ina serlement of a suitby Chinese-American parents. Sinoe then, single race ‘ewollment at ome schools has sen above 80 pera. ‘Any attempt o risa race-based enollmen! would face 3 egal ‘challenge under Prop. 209 well as the USS. consittional standard that the court announced toy ‘The ruling was avitory for groups of white paral who sued the Seatte ‘and Lovisville ditt, saying ther children were tured away from ‘Heit prefered schools because oftheir race. Both districts said their enllment systems were needed to keep thei schools from becoming segregated. The Bush amination sided with the plaints, saying race-based school assignments ar unconstitaonal except in cases of deliberate segregation by the dst. Allowing “te use ofa racial clasiicaton to achieve a desired racial balance... would remove the critical requiemen tht individuals be ‘considered as individuals” the administrations top tigatr, Solicitor ‘General Paul Clement, argued in court papers. ‘The Seat system — suspended since 2002, when tcame under legal ‘tack — gave officals in he 46,000 student high schoo! district alist ‘of factor to consider whena school had more applicants tha space. The fiat factor was whether a sadent had a brother or sie atthe schol, and the second was whether the students ace would move the school closer to the district population of 4 percent white an 60 perent minocy InJefferson Coumy, Ky, which includes Louisville, the 97,000-student Adistit was under a cout desegregation order util 2000, To avoid resegregaion officials said, they established guidelines of between 15 Lsp04935‘and $0 percent African American enrolment a each school. Overall black cenrollnent in the dist is 36 percent. ‘Todays ruling was the latest ina series of 5-4 decisions in the just-completed term that showed the influence of Bush's two appointes, Roberts and Alito, in moving the court ina more conservative direction. ‘On Monday, the same majority voted to overtum some congressional limits ‘on campaign advertising by corporations and unions allow schools to ‘nish students for speech that could be imterpreed as promoting dug use and reject taxpayer suits against Buss program of providing federal funding to religious groups for social services. Bader 5-4 rulings this {erm upheld federal restrictions on abortion, limited pusitve damages and ‘cut back on pay discrimination suits by women, “The school rung is Parents Involved in Community Schools vs. Seatle School District No.1, 05-908. Iis available at ‘wor supremecours gowopinionsAb6pal105-508 pf ‘Copyright 2007 SF Cheoaicie Lmspo4e36