Monday, December 04, 2006

School Diversity Cases

At SCOTUSblog, Lyle Denniston says that the use of race as a factor to ensure public school diversity may be doomed, as Justice Kennedy seemed very skeptical of the Seattle and Louisville plans. While not strongly for these plans, I don't think they are particularly harmful and would uphold them, as noted earlier. It will be interesting to see what Kennedy and the four solidly conservatives have to say about this, if they strike down the policies. I just don't see the same harm here as exists with affirmative action. This is not a merit-based process where people get rejected from certain schools. It's just a way of distributing students throughout the school system. There's already plenty of room for meddling in the drawing of school boundaries. I don't see this as much different.

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