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The U.S. Supreme Court goes out with a bang

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Bxgell2
Perfection

Member since 5/05

16438 total posts

Name:
Beth

The U.S. Supreme Court goes out with a bang

Supreme Court rejects school diversity plans

Posted 6/28/07 11:59 AM
 
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MrsS2005
Mom of 3

Member since 11/05

13118 total posts

Name:
B

Re: The U.S. Supreme Court goes out with a bang

This is interesting. I didn't read the opinion (I've read the 9th Circuit opinion in the Seattle case), but what about the alleged compelling interest in promoting racial and ethnic diversity? If race isn't considered at all, there's a strong likelihood that schools will be segregated, whether it's based on student choice or geography/proximity to the school.

ETA: What did you think of the Court's ruling this week on students' free speech rights?

Message edited 6/28/2007 12:25:46 PM.

Posted 6/28/07 12:21 PM
 

Bxgell2
Perfection

Member since 5/05

16438 total posts

Name:
Beth

Re: The U.S. Supreme Court goes out with a bang

Well, the court was divided, and though the majority basically ruled that race is not a compelling interest (the opinoin is 185 pages - I think it will take me a few days to get through this whole thing!), Kennedy, in his concurring opinion, doesn't agree with the majority in that race cannot be a compelling interest - so, it's really still up in the air.

I think this is going to make a huge impact. The schools, particularly in the South, are still trying, as best they can, to ensure that the secondary schools are diverse, which is a hard feat because of socio-economic factors. These racial policies were being used to make sure the schools weren't segregated. I suspect that many of the schools will use "socio-economic" factors when considering placement, instead of race.

Only time will tell how this one will pan out...

ETA - personally, I think the free speech opinion is a complete and total joke. This court is really going to extremes to position itself as conservative.

Message edited 6/28/2007 12:30:23 PM.

Posted 6/28/07 12:29 PM
 

BlondeJD
LIF Adult

Member since 10/06

1068 total posts

Name:
Me!!!

Re: The U.S. Supreme Court goes out with a bang

Posted by MrsS2005

This is interesting. I didn't read the opinion (I've read the 9th Circuit opinion in the Seattle case), but what about the alleged compelling interest in promoting racial and ethnic diversity? If race isn't considered at all, there's a strong likelihood that schools will be segregated, whether it's based on student choice or geography/proximity to the school.

ETA: What did you think of the Court's ruling this week on students' free speech rights?



I only skimmed the opinion, but it appears that the majority is saying that promoting diversity is okay, as in the Grutter case. What isn't okay is using race as the ONLY factor in trying to establish that diversity.

Posted 6/28/07 12:30 PM
 

MrsS2005
Mom of 3

Member since 11/05

13118 total posts

Name:
B

Re: The U.S. Supreme Court goes out with a bang

Posted by BlondeJD

Posted by MrsS2005

This is interesting. I didn't read the opinion (I've read the 9th Circuit opinion in the Seattle case), but what about the alleged compelling interest in promoting racial and ethnic diversity? If race isn't considered at all, there's a strong likelihood that schools will be segregated, whether it's based on student choice or geography/proximity to the school.

ETA: What did you think of the Court's ruling this week on students' free speech rights?



I only skimmed the opinion, but it appears that the majority is saying that promoting diversity is okay, as in the Grutter case. What isn't okay is using race as the ONLY factor in trying to establish that diversity.


In the Seattle case, race was part of a series of tiebreakers, which were only used in oversubscribed schools that were racially imbalanced.

Posted 6/28/07 12:41 PM
 

Bxgell2
Perfection

Member since 5/05

16438 total posts

Name:
Beth

Re: The U.S. Supreme Court goes out with a bang

Posted by MrsS2005

Posted by BlondeJD
I only skimmed the opinion, but it appears that the majority is saying that promoting diversity is okay, as in the Grutter case. What isn't okay is using race as the ONLY factor in trying to establish that diversity.


In the Seattle case, race was part of a series of tiebreakers, which were only used in oversubscribed schools that were racially imbalanced.



Agreed - at least in Seattle race was used as one of many factors, including geographic location, so this holding is very distinct from that of Grutter

Posted 6/28/07 12:43 PM
 

MrsS2005
Mom of 3

Member since 11/05

13118 total posts

Name:
B

Re: The U.S. Supreme Court goes out with a bang

Posted by Bxgell2

ETA - personally, I think the free speech opinion is a complete and total joke. This court is really going to extremes to position itself as conservative.


I was completely shocked that the Court further narrowed students' free speech rights especially since it took place off school grounds.

Posted 6/28/07 12:44 PM
 

Bxgell2
Perfection

Member since 5/05

16438 total posts

Name:
Beth

Re: The U.S. Supreme Court goes out with a bang

Posted by MrsS2005
I was completely shocked that the Court further narrowed students' free speech rights especially since it took place off school grounds.



I completely agree - granted, student's rights have always been limited by the court, but that was always in the framework of being physically present on school grounds. It's insane how much the court is changing.

Posted 6/28/07 12:57 PM
 
 

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