Sunday, July 01, 2007
The School Desegregation Cases
I'm fairly happy with Justice Kennedy's opinion in the school desegregation cases. As I read it, he is saying that you can use race as a factor in deciding which students go to which school, but you have to be very careful not too overemphasize it and you must explore other options. On the facts here, these school districts were not careful enough. That seems right to me in a situation where merit was not involved, but rather a simple objective of keeping racial balance at the various schools in a district.