Thereโs a front-page story in the Wall Street Journal today on how affluent families (mostly white) in Seattle can โswayโ school administrators into accommodating the parentsโ school-assignment desires; the context is the Supreme Court case thatโs being heard today, challenging the school districtโs use of race in assignments to ensure a politically correct racial and ethnic mix in the most popular schools. But the existence of this kind of โswaying,โ it seems to me, bolsters the position of those challenging the racial balancing. It shows that local school systems are inherently political bodies, subject to political pressures of all sorts, and that inevitably that means racial pressures. It follows that courts certainly ought not defer to these bodiesโ judgments when they involve racial discrimination, even if they can find a social scientist or two to testify in favor of such preferences. Indeed, if one had to identify one area in which, based on the experiences of the last half-century or so, it would be inappropriate for courts to defer to local political bodies, it would be when school boards assign students on the basis of skin color.
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About the Author
Roger Clegg serves on the board of the Center for Equal Opportunity, where he was formerly president and general counsel.
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