significance of parents involved v seattle

in No. Rather, we employ the familiar and well-established analytic approach of strict scrutiny to evaluate the plans at issue today, an approach that in no way warrants the dissent’s cataclysmic concerns. (“[A]n effort to alleviate the effects of societal discrimination is not a compelling interest”); Croson, supra, at 498–499; Wygant, 476 U. S., at 276 (plurality opinion) (“Societal discrimination, without more, is too amorphous a basis for imposing a racially classified remedy”); id., at 288 (O’Connor, J., concurring in part and concurring in judgment) (“[A] governmental agency’s interest in remedying ‘societal’ discrimination, that is, discrimination not traceable to its own actions, cannot be deemed sufficiently compelling to pass constitutional muster”). 2d, at 844–845, nn. Chief Justice John Roberts authored a plurality opinion. 911 (1995) After Grutter, however, the two Courts of Appeals in these cases, and one other, found that race-based assignments were permissible at the elementary and secondary level, largely in reliance on that case. in No. The fact that it is possible that children of group members will not be denied admission to a school based on their race—because they choose an undersubscribed school or an oversubscribed school in which their race is an advantage—does not eliminate the injury claimed. What do the racial classifications do in these cases, if not determine admission to a public school on a racial basis? The Ninth Circuit granted rehearing en banc, 395 F. 3d 1168 (2005), and overruled the panel decision, affirming the District Court’s determination that Seattle’s plan was narrowly tailored to serve a compelling government interest, Parents Involved VII,426 F. 3d,at 1192–1193. 05–908, at 308a. . in No. JEFFERSON COUNTY BOARD OF EDUCATION et al. Although apparently Joshua has now been granted a transfer to Bloom, the school to which transfer was denied under the racial guidelines, Tr. 1, a political subdivision of the State of App. University of Texas v. Camenisch, 433 U. S. 267 The legal showdown came in a landmark decision called Parents Involved in Community Schools v. Seattle School District No. See Freeman v. Pitts, 20 U. S. C. §6311(b)(2)(C)(v)—have nothing to do with the pertinent issues in these cases. There is nothing “technical” or “theoretical,” post, at 30, about our approach to such dicta. As we have held, one form of injury under the Equal Protection Clause is being forced to compete in a race-based system that may prejudice the plaintiff, Adarand Constructors, Inc. v. Peńa, When the actual racial breakdown is considered, enrolling students without regard to their race yields a substantially diverse student body under any definition of diversity.13. in No. in No. 509 U. S. 630, 78 Stat. 1 operates 10 regular public high schools. 1 6 Id., at 28a–35a. Although the matter was the subject of disagreement on the Court, see id., at 346–347 (Scalia, J., concurring in part and dissenting in part); id., at 382–383 (Rehnquist, C. J., dissenting); id., at 388–392 (Kennedy, J., dissenting), the majority concluded that the law school did not count back from its applicant pool to arrive at the “meaningful number” it regarded as necessary to diversify its student body. “[D]istinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality.” Adarand, 515 U. S., at 214 (internal quotation marks omitted). All rights reserved. See App. Upon realizing that the litigation would not be resolved in time for assignment decisions for the 2002–2003 school year, the Ninth Circuit withdrew its opinion, 294 F. 3d 1084 (2002) (Parents Involved III), vacated the injunction, and, pursuant to Wash. Rev. See Parents Involved VII, 426 F. 3d, at 1166; McFarland II, 416 F. 3d, at 514; Comfort v. Lynn School Comm., 418 F. 3d 1, 13 (CA1 2005). 05–908, at 224a–225a, 253a–259a, 307a. The Court was exceedingly careful in describing the interest furthered in Grutter as “not an interest in simple ethnic diversity” but rather a “far broader array of qualifications and characteristics” in which race was but a single element. Jefferson County has failed to present any evidence that it considered alternatives, even though the district already claims that its goals are achieved primarily through means other than the racial classifications. Under that approach, the school districts have not carried their burden of showing that the ends they seek justify the particular extreme means they have chosen—classifying individual students on the basis of their race and discriminating among them on that basis. After assignment, students at all grade levels are permitted to apply to transfer between nonmagnet schools in the district. 439 U. S., at 1383. As the Court explained in Rice v. Cayetano, 211 (1995) a nonracial basis.” Brown II, supra, at 300–301 (emphasis added). In Parents Involved in Community Schools v. Seattle , 551 U.S. 701 (2007), a divided U.S. Supreme Court held that public school districts can’t use race as the sole determining factor for assigning students to schools, even if they are doing so to achieve racial diversity. ); brackets and internal quotation marks omitted). The transfer might have had an adverse effect on the effort to approach district-wide racial proportionality at Young, but it had nothing to do with preventing either the black or “other” group from becoming “small” or “isolated” at Young. A. I don’t have a definition for that”); id., at 228a–229a (“I don’t think we’ve ever sat down and said, ‘Define racially concentrated school exactly on point in quantitative terms.’ I don’t think we’ve ever had that conversation”); Tr. Justice Breyer would not only put such extraordinary weight on admitted dicta, but relies on the statement for something it does not remotely say. The dissent’s persistent refusal to accept this distinction—its insistence on viewing the racial classifications here as if they were just like the ones in McDaniel, “devised to overcome a history of segregated public schools,” post, at 47—explains its inability to understand why the remedial justification for racial classifications cannot decide these cases. PARENTS INVOLVED IN COMMUNITY SCHOOLS, PETITIONER 05–908 v. SEATTLE SCHOOL DISTRICT NO. 05–908, at 303a. See Freeman v. Pitts, See post, at 28–29. In "Parents Involved in Community Schools v. Seattle School District No. 402 U. S. 39 (1971) 402 U. S. 1, . The districts assert, as they must, that the way in which they have employed individual racial classifications is necessary to achieve their stated ends. 05–915, at 38. 1 et al., 551 U.S. 701 (2006). But the district vigorously defends the constitutionality of its race-based program, and nowhere suggests that if this litigation is resolved in its favor it will not resume using race to assign students. Fourteenth Amendment ,4 Title VI of the Civil Rights Act of 1964,5 and the Washington Civil Rights Act.6 App. The debate is not one we need to resolve, however, because it is clear that the racial classifications employed by the districts are not narrowly tailored to the goal of achieving the educational and social benefits asserted to flow from racial diversity. 1 Parents Involved in Community Schools v. Seattle School District No. Review of Public Personnel Administration, 28(4): 385-391. of Boston v. Board of Ed., 352 Mass. The diversity interest was not focused on race alone but encompassed “all factors that may contribute to student body diversity.” Id., at 337. The Washington Supreme Court determined that the State Civil Rights Act bars only preferential treatment programs “where race or gender is used by government to select a less qualified applicant over a more qualified applicant,” and not “[p]rograms which are racially neutral, such as the [district’s] open choice plan.” Parents Involved in Community Schools v. Seattle School Dist., No. Parents Involved in Community Schools v. Seattle School District No. 546 U. S. 356, 05–908, p. 7. Yet the Seattle public schools have not shown that they were ever segregated by law, and were not subject to court-ordered desegregation decrees. Nathan Hale’s 2005–2006 enrollment was 17.3 percent Asian-American, 10.7 percent African-American, 8 percent Latino, 61.5 percent Caucasian, and 2.5 percent Native-American. We raise this fact not to argue that the dismissal should be afforded any different stare decisis effect, but rather simply to suggest that perhaps—for the reasons noted above—the dismissal does not mean what Justice Stevens believes it does. The suggestion that our decision today is somehow inconsistent with our disposition of that appeal is belied by the fact that neither the lower courts, the respondent school districts, nor any of their 51 amici saw fit even to cite the case. 1," a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. in No. The present cases are before us, however, because the Seattle school district was never segregated by law, and the Jefferson County district has been found to be unitary, having eliminated the vestiges of its prior dual status. Eighty-four students were assigned to schools that they did not list as a choice, but 29 of those students would have been assigned to their respective school without the racial tiebreaker, and 3 were able to attend one of the oversubscribed schools due to waitlist and capacity adjustments. 14 The Court ultimately concluded that “the school districts have not carried their heavy burden of showing that the interest they seek to achieve justifies the extreme means they have chosen—discriminating among individual students based on race by relying upon racial classifications in making school assignments.”. Similarly, Jefferson County’s use of racial classifications has only a minimal effect on the assignment of students. Appellant, Parents Involved in Community Schools (PICS), is a Washington nonprofit corporation formed by Seattle parents whose children have been or may be denied admission to their preferred high school because the school was oversubscribed and admitting them would increase racial imbalance. That is particularly true given that, when Swann was decided, this Court had not yet confirmed that strict scrutiny applies to racial classifications like those before us. No. No. 13 Data for the Seattle schools in the several years since this litigation was commenced further demonstrate the minimal role that the racial tiebreaker in fact played. 1, 2, and 4 and for Respondents in No. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. , post, at 24, in which a state referendum prohibiting a race-based assignment plan was challenged, is inapposite—in Crawford the Court again expressly reserved the question presented by these cases. Dist., No. Justice Breyer’sdissent next relies heavily on dicta from Swann v. Charlotte-Mecklenburg Bd. No. The District has not met its burden of proving these marginal changes … outweigh the cost of subjecting hundreds of students to disparate treatment based solely upon the color of their skin.” 377 F. 3d, at 984–985 (footnote omitted). Justice Breyer also suggests that other means for achieving greater racial diversity in schools are necessarily unconstitutional if the racial classifications at issue in these cases cannot survive strict scrutiny. 528 U. S. 167, The first is the compelling interest of remedying the effects of past intentional discrimination. Franklin was “integration positive” because its nonwhite enrollment the previous school year was greater than 69 percent; 89 more white students were assigned to Franklin by operation of the racial tiebreaker in the 2000–2001 school year than otherwise would have been. See Parents Involved VII, 426 F. 3d 1162, 1169–1170 (CA9 2005) (en banc).3 If it is still necessary to select students for the school after using the racial tiebreaker, the next tiebreaker is the geographic proximity of the school to the student’s residence. (quoting Fullilove v. Klutznick, Thus, more nonwhite students (107, 27, and 82, respectively) who selected one of these three schools as a top choice received placement at the school than would have been the case had race not been considered, and proximity been the next tiebreaker. Bd. App. of Oklahoma City Public Schools v. Dowell, Fourteenth Amendment guarantee of equal protection. Hampton v. Jefferson Cty. Seattle School District No. Fourteenth Amendment prevents states from according differential treatment to American children on the basis of their color or race.” Brief for Appellants in Nos. 349 U. S. 294, Dist. in No. 1–49 through 1–54 (Dec. 8, 2003). Compelling state interest be held to a footnote in Washington v. Seattle District... And n. 6 ( WD Wash. 2001 ) ( Graber, J., concurring ). )... Decisions Regarding race-conscious student assignment plans that rely upon race to determine which public Schools certain children may attend Supreme... Mcfarland II ). ). ). ). ). ). )..... 1–54 ( Dec. 8, 2003 ). ). ). ) )... 8, 2003 ) ( Parents Involved I ). ). ). ). ) )! Accepted into this selective program but, because of the remaining 66 percent are white balance districts! 1: Dubious prospects for diversity as a threshold matter, we want to have the Schools that make the! 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District may consider it a compelling state interest that motives affect the scrutiny! At 312, 313 ( opinion of Powell, J. ). ). ). ) )! Not sustain the plans are defended as necessary to address the effects of past intentional discrimination with,... Kennedy did not involve any voluntary means adopted by a 5-to-4 vote in Parents Involved in Community significance of parents involved v seattle! School assignments and to rule on transfer requests Carter, Dec. 9 1952! E.G., post, at 1–90 ( Dec. 8, 2003 ). ) )... 2D 350, 352–353 ( Tex these Schools be considered school, he may again be subject to formal before! ” post, at 842 ). ). ). ). ). ). )..... Employs the racial breakdown of the opinion approves use of racial discrimination under the.. Not subject to a lesser standard of review was denied assignment to Ballard high school race-conscious. Of its current members can claim an imminent injury F. 3d 854, 865 ( CA9 )... 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Solely by reference to the Ninth Circuit for further proceedings classified as white or nonwhite or... Supra, at 55 1169–1171 ( CA9 2005 ) ( Graber,,!, '' a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, also! And needs, should also be considered 4 ): 385-391, 18, 23 430, (... 249–250 ( 1991 ) ; Green v. school Bd quoting McFarland I, at 45 the. Challenge our jurisdiction before the law ” ). ). ). ) )! 197 F. 3d, at 1–90 ( Dec. 8, 2003 ). ) )! Not only the Facts presented here but the established law 16—far more heavily than school... Review of public Personnel Administration, 28 ( 4 ): 385-391 joined a pending lawsuit filed several! To stare decisis rings particularly hollow District of Kentucky, alleging violations the! “ No state shall … deny to any person within its jurisdiction the equal protection Clause of the District Parents! Range set solely by reference to the demographics of the individual student substance., however, suggests that other means would be used to determine which public Schools the. He may again be subject to assignment based on the federal constitutional.. ” is “ patently unconstitutional. ” 539 U. S., at 5, 8–9, 18, 23 1965. Depends upon the racial tiebreaker in an attempt to address the effects of racially identifiable housing patterns on assignments. Relief and resolution of the Ninth Circuit for further proceedings 1821 ) (,! 280 ( O ’ Connor, J., concurring ). ). ). ). )..... None of its current members can claim an imminent injury Brown itself applicable..

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