During oral arguments Monday before the U.S. Supreme Court, neither the attorneys fighting race-conscious school assignments, nor the justices in their questioning, suggested that racial diversity was an unimportant goal. The primary issue before the court was whether achieving racial diversity in schools is a compelling enough goal to justify government intervention.
In two hours of rigorous questioning, the justices swayed between the specifics of two K-12 school desegregation programs that have sparked a national debate over the use of race in school assignments and the broader national implications of diversity initiatives.
At issue are desegregation plans in the school districts of Seattle (Parents Involved in Community Schools vs. Seattle School District No 1.) and Louisville, Ky. (Meredith vs. Jefferson County Public Schools), where White parents say their children were denied entry into the school of their choice because of the districts’ efforts to maintain racial balance.
Questioning by the justices shed little new light on the direction the court might take. With the retirement of Justice Sandra Day O’Connor, the deciding vote in the 2003 decision to uphold affirmative action in college admissions, many suspect her replacement, conservative Justice Samuel Alito, may be the swing vote against using race in admissions.
On Monday, Alito noted that several high schools remain segregated even under Seattle’s “open choice” plan, which allows student to choose their school. Under the now-defunct program, race was used as a tie-breaker in admissions when there was more demand for a school than space, and the district wanted to ensure racial balance. Later, Alito seemed to challenge the notion that Black and White students learn better together:
“What is the theory, then, that the students would benefit from African American students? Is it enough that they have Hispanic or Asian students?” Alito asked.
The central arguments against the desegregation plans were that the government should not be involved in assigning students by race, and that the school districts will diversify naturally. Paul Clement, the U.S. solicitor general representing the Bush administration, suggested magnet schools and additional resources as a way to decrease segregation.
