Despite Kennedy “saving” the day for race conscious K-12 programs, the totality of the opinion is monumental. It upsets settled expectations of school districts across the country. It is also likely to dissuade school districts from pursuing race-conscious policies. And unfortunately, it is likely to cause the further resegregation of our K-12 school systems.
--Leonard M. Baynes is a professor of law and director of The Ronald H. Brown Center for Civil Rights and Economic Development at St. John’s University School of Law.
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