For Ogletree, the voluntary integration ruling bore what he said have become the hallmarks of the new Chief Justice’s court.
“Roberts says he wants more uniformity, more consensus,” Ogletree said. “But the reality is that 33 percent of the court’s decisions are 5-4. That is unprecedented in recent history.”
Conference attendants generally agreed with Ogletree’s position on Thursday’s ruling.
“We were worried there would be no hope, but fortunately there is some in Justice Kennedy,” said Kay Hodge, chair of the ABA Commission on Racial and Ethnic Diversity in the Profession. “The challenge now is for lawyers of color to redouble their efforts to fight for diversity in schools and other public entities.”
Walter R. Stone, an attorney at a New England business law firm, said Ogletree’s credibility in his profession helped legitimize his stance.
“He has a very rare view,” Stone said. “And he’s old enough and he has the experience to make it viable.”
--Derek Hawkins
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