District of Connecticut Law Clerks Society
a society for current and recent law clerks for the united states district court for the district of connecticut
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June 28, 2007
Supreme Court Issues Historic School Segregation Decision
In a historic final day of the Supreme Court term Thursday, the justices by a 5-4 vote struck down plans in Seattle and Louisville, Ky., that used race as a factor in making public school assignments. The decision, Parents Involved in Community Schools v. Seattle School District No. 1 and Meredith v. Jefferson County Board of Education, represented a major doctrinal shift traceable to the Court's newest members, Chief Justice John Roberts Jr. and Justice Samuel Alito Jr.
"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," declared Roberts in an opinion stating his views and those of Justices Alito, Antonin Scalia and Clarence Thomas.
The Court stopped short of overturning its precedents on either school desegregation or affirmative action, as Justice Anthony Kennedy, in a key separate opinion, said race could still be considered in certain circumstances.
Still, the decision prompted Justice Stephen Breyer to read aloud from his 77-page dissent, which he said was "twice as long as any I have ever written."
A detailed story from Law.com can be viewed by clicking here.
The decision itself can be viewed, among other places, here.
Advisory Committee: Alyssa Esposito, Law Clerk to Judge Fitzsimmons; Krishna Patel, Assistant United States Attorney
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