Another Supreme Test? A High Court Decision Striking Down Race in K-12 Admissions Could Jeopardize Race-Conscious Policies in Higher Education

By Roach, Ronald | Diverse Issues in Higher Education, June 29, 2006 | Go to article overview

Another Supreme Test? A High Court Decision Striking Down Race in K-12 Admissions Could Jeopardize Race-Conscious Policies in Higher Education


Roach, Ronald, Diverse Issues in Higher Education


The decision by the U.S. Supreme Court to hear arguments in two K-12 school assignment cases in its next term has raised serious questions about the viability of race-conscious policies in American education, legal experts say.

Just three years after the court upheld race-conscious admission policies in higher education in the Grutter v. Bollinger ruling, the new cases will test whether that precedent applies to public elementary and secondary education. As the court decides whether policies that foster racial and ethnic diversity in public K-12 schools are worthy of constitutional protection, observers say it's possible that the Justices could render a decision that would either invalidate or open the door to the eventual elimination of race-conscious affirmative action in U.S. higher education.

"I think people thought the challenge [to higher education affirmative action] was going to rest for awhile," says R. Richard Banks, a Stanford University law professor and an expert on race and law.

The two cases involve school systems in Louisville, Ky., and Seattle, Wash., which allowed school officials to consider race in how they assigned students to schools. In both cases, the parents of White students sued the school districts when their children were refused admission into popular area schools.

Legal observers say it came as a surprise that the court, which gained two new members in the past year, accepted the two cases despite the fact that, in both cases, the federal appellate courts had sided with the school districts in their use of race as a factor in school assignments. The tendency of the court is to take on cases where there have been different rulings by the lower courts, and the Justices intervene as a move to resolve those differences.

Following the court's decision to hear the school cases, pro-school integration activists and scholars expressed dismay that the court had decided to intervene and not allow the lower court decisions to stand.

"Here we are 52 years after the Supreme Court told us that separate and unequal education could not be the case, and as we stand here in 2006, the Supreme Court has agreed to hear two major cases that could set the clock back for African-Americans more than half a century," said Harvard University law school professor Charles Ogletree, according to the Chicago Sun-Times.

Scholars and activists have pointed to the appointments of Chief Justice John Roberts and Justice Samuel Alito as the likely basis for the court's decision to take on the school assignment cases. The two newest Justices, both conservatives appointed by President Bush in the past year, took critical stances on affirmative action during stints as attorneys in the Reagan administration. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Another Supreme Test? A High Court Decision Striking Down Race in K-12 Admissions Could Jeopardize Race-Conscious Policies in Higher Education
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.