Affirming Diversity in Education

We just received news of the Supreme Court’s decisions in the school diversity cases (Parents Involved in Community Schools v. Seattle School District, 05-908 and Meredith v. Jefferson County Board of Education, 05-915).  The Court struck down the specific policies used by the Louisville and Seattle communities, but ruled that educational diversity and combating segregation are compelling governmental interests that governments may pursue through careful race-conscious efforts.  And the Court endorsed specific alternative race-conscious methods.  Additional details regarding the decisions may be found at www.naacpldf.org and www.civilrights.org.

We recommend four core messages and two secondary messages regarding these cases:

• This is a split decision with both positive and negative Implications for our nation and Constitution;
• We are very pleased that a majority of the Court recognizes educational diversity and overcoming our history of segregation to be compelling governmental interests--among our country's highest priorities--that communities and governments can pursue through careful race-conscious efforts;
• We are disappointed that the programs in Seattle and Louisville were struck down, as we believed them to be careful and effective.
• But, importantly, the Court has made clear that a range of other, affirmative measures remain available to pursue integration and inclusion in our schools (site selection, drawing attendance zones, magnet schools, and others).
• We find it deeply disturbing that four members of the Court--including the two newest members (Roberts and Alito) nominated by President Bush-would have outlawed almost all effective efforts to promote inclusion in our nation's schools; While a majority of the Court correctly rejected that extreme position, the Chief Justice's opinion--joined by Justices Alito, Scalia, and Thomas--highlights the importance of close scrutiny of the President's judicial nominations by the U.S. Senate, and by all Americans.
• We call on communities and leaders around our country--includeing the U.S. Congress--to pursue the tools that are available and achieve the important goals of equal educational opportunity and inclusion that a majority of the Court endorsed today.

Finally, it is worth noting that this decision—which addressed K-12 education—endorses the core ruling of the University of Michigan affirmative action decisions and does nothing to change that ruling.

Additional Resources

• Seattle and Louisville Briefing Paper(pdf)
• Louisville Fact Sheet (pdf)
• Seattle Face Sheet (pdf)
• Race-Neutral Alternatives Fact Sheet (pdf)

Additional details regarding the decisions may be found at www.naacpldf.org and www.civilrights.org.