parents involved community schools seattle school district et argued december decided june respondent school districts voluntarily adopted student assignment plans rely race determine schools certain children may attend seattle district never operated legally segregated schools subject desegregation classified children white nonwhite used racial classifications tiebreaker allocate slots particular high schools jefferson county district subject desegregation decree district dissolved decree finding district eliminated vestiges prior segregation greatest extent practicable district adopted plan classifying students black order make certain elementary school assignments rule transfer requests petitioners organization seattle parents parents involved mother jefferson county student joshua whose children assigned foregoing plans filed suits contending inter alia allocating children different public schools based solely race violates fourteenth amendment equal protection guarantee seattle case district granted school district summary judgment finding inter alia plan survived strict scrutiny federal constitutional claim narrowly tailored serve compelling government interest ninth circuit affirmed jefferson county case district found school district asserted compelling interest maintaining racially diverse schools plan relevant respects narrowly tailored serve interest sixth circuit affirmed held judgments reversed cases remanded reversed remanded chief justice delivered opinion respect parts ii concluding jurisdiction cases seattle argues parents involved lacks standing current members claimed injuries imminent speculative even district maintains current plan reinstitutes racial tiebreaker members affected children seek enroll high school oversubscribed integration positive argument unavailing group members children levels district schools complaint sought declaratory injunctive relief behalf members whose elementary middle school children may denied admission high schools choice future fact children may denied admission based race undersubscription oversubscription benefits eliminate injury claimed group also asserted interest forced compete system might prejudice members children actionable form injury equal protection clause see adarand constructors pe fact seattle ceased using racial tiebreaker pending outcome dispositive since district vigorously defends program constitutionality nowhere suggests resume using race assign students prevails see friends earth laidlaw environmental services toc similarly fact joshua granted transfer eliminate jurisdiction jefferson county racial guidelines apply grade levels may subject assignment middle school pp school districts carried heavy burden showing interest seek achieve justifies extreme means chosen discriminating among individual students based race relying upon racial classifications making school assignments pp racial classifications simply pernicious permit exact connection justification classification fullilove klutznick stevens dissenting governmental distributions burdens benefits based individual racial classifications reviewed strict scrutiny johnson california thus school districts must demonstrate use classifications narrowly tailored achieve compelling government interest adarand supra although remedying effects past intentional discrimination compelling interest strict scrutiny test see freeman pitts interest involved seattle schools never segregated law subject desegregation desegregation decree jefferson county schools previously subject dissolved moreover cases governed grutter bollinger held strict scrutiny purposes government interest student body diversity context higher education compelling interest focused race alone encompassed factors may contribute student body diversity including overcome personal adversity family hardship quoting justice powell articulation diversity regents university california bakke grutter noted interest simple ethnic diversity specified percentage student body effect guaranteed members selected ethnic groups justify use race far broader array qualifications characteristics racial ethnic origin single though important element present cases contrast race considered part broader effort achieve exposure widely diverse people cultures ideas viewpoints race students determinative standing alone districts argue factors student preferences affect assignment decisions plans plan race comes play decisive simply one factor weighed others reaching decision grutter factor see gratz bollinger even race plans employ limited notion diversity viewing race exclusively terms seattle terms jefferson county grutter expressly limited holding defining specific type diversity noting unique context higher education limitations largely disregarded lower courts extending grutter sort classifications issue pp despite districts assertion employed individual racial classifications way necessary achieve stated ends minimal effect classifications student assignments suggests means effective seattle racial tiebreaker results end shifting small number students schools similarly jefferson county admits use racial classifications minimal effect claims guidelines provide firm definition goal racially integrated schools thereby providing administrators authority collaborate principals staff maintain schools within desired range classifying assigning schoolchildren according binary conception race extreme approach light precedents nation history using race public schools requires amorphous end justify grutter contrast consideration race viewed indispensable tripling minority representation law school issue see suggest greater use race preferable minimal impact districts racial classifications school enrollment casts doubt necessity using classifications districts also failed show considered methods explicit racial classifications achieve stated goals narrow tailoring requires serious good faith consideration workable alternatives yet seattle several alternative assignment plans many used express racial classifications rejected little consideration jefferson county failed present evidence considered alternatives even though district already claims goals achieved primarily means racial classifications pp chief justice joined justice scalia justice thomas justice alito concluded additional reasons parts iv plans issue unconstitutional precedents pp need resolve parties dispute whether racial diversity schools marked impact test scores objective yardsticks achieves intangible socialization benefits clear racial classifications issue narrowly tailored asserted goal design operation plans directed racial balance objective repeatedly condemned illegitimate tied district specific racial demographics rather pedagogic concept level diversity needed obtain asserted educational benefits whatever demographics happen drives required diversity number district districts offer evidence level racial diversity necessary achieve asserted educational benefits happens coincide racial demographics respective districts rather districts balance since diversity addressed plans grutter number minority students school sought admit undefined meaningful number necessary achieve genuinely diverse student body concluded law school count back applicant pool arrive number contrast schools worked backward achieve particular type racial balance rather working forward demonstration level diversity provides purported benefits fatal flaw existing precedent see freeman supra accepting racial balancing compelling state interest justify imposing racial proportionality throughout american society contrary repeated admonitions unconstitutional school districts use various verbal formulations describe interest seek promote racial diversity avoidance racial isolation racial integration offer definition suggesting interest differs racial balancing pp need racial classifications embraced school districts unclear even districts terms costs undeniable government action dividing people race inherently suspect classifications promote notions racial inferiority lead politics racial hostility croson supra reinforce belief held many much history individuals judged color skin shaw reno endorse reasoning conception nation divided racial blocs thus contributing escalation racial hostility conflict metro broadcasting fcc dissenting comes using race assign children schools history heard brown board education held segregation deprived black children equal educational opportunities regardless whether school facilities tangible factors equal classification separation denoted inferiority inequality facilities fact legally separating children based race relied find constitutional violation case districts invoke ultimate goal filed brown subsequent cases support argument argument plaintiff brown equal protection clause prevents according differential treatment american children basis color race view prevailed ruled remedial opinion brown required school districts achieve system determining admission public schools nonracial basis brown board education emphasis added pp justice kennedy agreed jurisdiction decide cases respondents student assignment plans narrowly tailored achieve compelling goal diversity properly defined concluded parts plurality opinion imply unyielding insistence race factor instances may taken account pp part burden proving racial classifications narrowly tailored compelling interests government must establish detail decisions based individual student race made challenged program jefferson county board education fails meet threshold mandate concedes denied joshua requested kindergarten transfer basis race guidelines yet also maintains guidelines apply kindergartners discrepancy simple straightforward error touches upon peripheries district use individual racial classifications becomes clearer district plan considered jefferson county explained employs classifications terms broad imprecise withstand strict scrutiny briefing fails make clear even limited respects implicated joshua initial assignment transfer denial whether fact relies racial classifications manner narrowly tailored interest question rather inconsistent ad hoc manner less forgiving reading record suggest subjects governmental action strict scrutiny construe ambiguities favor government seattle case school district gone describing methods criteria used determine assignment decisions based individual racial classifications nevertheless failed explain district composed diversity races minority students classified white employed crude racial categories white basis assignment decisions far narrowly tailored system threatens defeat ends district provided convincing explanation design pp plurality opinion dismissive government legitimate interest ensuring people equal opportunity regardless race administering public schools permissible consider schools racial makeup adopt general policies encourage diverse student body one aspect racial composition cf grutter bollinger school authorities concerned student bodies racial compositions interfere offering equal educational opportunity free devise measures address problem general way without treating student different fashion based solely systematic individual typing race measures may include strategic site selection new schools drawing attendance zones general recognition neighborhood demographics allocating resources special programs recruiting students faculty targeted fashion tracking enrollments performance statistics race respondent failed provide necessary support proposition way individual racial classifications avoid racial isolation school districts cf richmond croson cases fact number students whose assignment depends express racial classifications small suggests schools achieved stated ends different means including facially means set forth necessary nuanced individual evaluation school needs student characteristics might include race component latter approach informed grutter though criteria relevant student placement differ based students age parents needs schools role pp roberts announced judgment delivered opinion respect parts ii scalia kennedy thomas alito joined opinion respect parts iv scalia thomas alito joined thomas filed concurring opinion kennedy filed opinion concurring part concurring judgment stevens filed dissenting opinion breyer filed dissenting opinion stevens souter ginsburg joined parents involved community schools petitioner seattle school district et al writ certiorari appeals ninth circuit crystal meredith custodial parent next friend joshua ryan mcdonald petitioner jefferson county board education et al writ certiorari appeals sixth circuit june chief justice roberts announced judgment delivered opinion respect parts ii opinion respect parts iv justices scalia thomas alito join school districts cases voluntarily adopted student assignment plans rely upon race determine public schools certain children may attend seattle school district classifies children white nonwhite jefferson county school district black seattle racial classification used allocate slots oversubscribed high schools jefferson county used make certain elementary school assignments rule transfer requests case school district relies upon individual student race assigning student particular school racial balance school falls within predetermined range based racial composition school district whole parents students denied assignment particular schools plans solely race brought suit contending allocating children different public schools basis race violated fourteenth amendment guarantee equal protection courts appeals upheld plans granted certiorari reverse cases present underlying legal question whether public school operated legally segregated schools found unitary may choose classify students race rely upon classification making school assignments although examine plans legal framework specifics two plans circumstances surrounding adoption respects quite different seattle school district operates regular public high schools adopted plan issue case assigning students schools app pp plan allows incoming ninth graders choose among district high schools ranking however many schools wish order preference schools popular others many students list school first choice district employs series tiebreakers determine fill open slots oversubscribed school first tiebreaker selects admission students sibling currently enrolled chosen school next tiebreaker depends upon racial composition particular school race individual student district public schools approximately percent enrolled students white remaining percent comprising racial groups classified seattle assignment purposes nonwhite oversubscribed school within percentage points district overall racial balance district calls integration positive district employs tiebreaker selects assignment students whose race serve bring school balance see parents involved vii en banc still necessary select students school using racial tiebreaker next tiebreaker geographic proximity school student residence app seattle never operated segregated schools legally separate schools students different races ever subject desegregation nonetheless employs racial tiebreaker attempt address effects racially identifiable housing patterns school assignments white students live northern part seattle students racial backgrounds southern part parents involved vii supra four seattle high schools located north ballard nathan hale ingraham roosevelt five south rainier beach cleveland west seattle chief sealth franklin one school garfield less center seattle app school year five schools oversubscribed ballard nathan hale roosevelt garfield franklin much percent incoming ninth graders ranked one schools first choice three oversubscribed schools integration positive school white enrollment previous school year greater percent ballard nathan hale roosevelt thus nonwhite students respectively selected one three schools top choice received placement school case race considered proximity next tiebreaker franklin integration positive nonwhite enrollment previous school year greater percent white students assigned franklin operation racial tiebreaker school year otherwise ibid garfield oversubscribed school whose composition school year within racial guidelines although previous years garfield enrollment predominantly nonwhite racial tiebreaker used give preference white students petitioner parents involved community schools parents involved nonprofit corporation comprising parents children may denied assignment chosen high school district race concerns parents involved illustrated jill kurfirst sought enroll son andy meeks ballard high school special biotechnology career academy andy suffered attention deficit hyperactivity disorder dyslexia made good progress instruction mother middle school teachers thought smaller biotechnology program held promise continued success andy accepted selective program racial tiebreaker denied assignment ballard high school parents involved commenced suit western district washington alleging seattle use race assignments violated equal protection clause fourteenth title vi civil rights act washington civil rights district granted summary judgment school district finding state law bar district use racial tiebreaker plan survived strict scrutiny federal constitutional claim narrowly tailored serve compelling government interest supp wd parents involved ninth circuit initially reversed based interpretation washington civil rights act parents involved ii enjoined district use integration tiebreaker upon realizing litigation resolved time assignment decisions school year ninth circuit withdrew opinion parents involved iii vacated injunction pursuant rev code certified question washington parents involved iv washington determined state civil rights act bars preferential treatment programs race gender used government select less qualified applicant qualified applicant rograms racially neutral district open choice plan parents involved community schools seattle school en banc parents involved state returned case ninth circuit proceedings panel ninth circuit reversed district time ruling federal constitutional question parents involved vi panel determined achieving racial diversity avoiding racial isolation compelling government interests seattle use racial tiebreaker narrowly tailored achieve interests ninth circuit granted rehearing en banc overruled panel decision affirming district determination seattle plan narrowly tailored serve compelling government interest parents involved vii granted certiorari jefferson county public schools operates public school system metropolitan louisville kentucky federal found jefferson county maintained segregated school system newburg area council board ed jefferson vacated remanded reinstated modifications district entered desegregation decree see hampton jefferson cty bd supp wd jefferson county operated decree district dissolved decree finding district achieved unitary status eliminating greatest extent practicable vestiges prior policy segregation hampton jefferson cty bd supp see board ed oklahoma city public schools dowell green school bd new kent decree dissolved jefferson county adopted voluntary student assignment plan issue case app approximately percent district students black remaining percent white mcfarland jefferson cty public schools supp wd mcfarland plan requires nonmagnet schools maintain minimum black enrollment percent maximum black enrollment percent app mcfarland supra elementary school level based address student designated resides school students within specific geographic area assigned elementary resides schools grouped clusters order facilitate integration app district assigns students nonmagnet schools one two ways parents kindergartners students new district may submit application indicating first second choice among schools within cluster students submit application assigned within cluster district decisions assign students schools within cluster based available space within schools racial guidelines district current student assignment plan school reached extremes racial guidelines student whose race contribute school racial imbalance assigned assignment students grade levels permitted apply transfer nonmagnet schools district transfers may requested number reasons may denied lack available space basis racial guidelines petitioner crystal meredith moved school district august sought enroll son joshua mcdonald kindergarten school year resides school mile new home available space assignments made may class full jefferson county assigned joshua another elementary school cluster young elementary school miles home meredith sought transfer joshua school different cluster bloom elementary like resides school mile home see tr mcfarland pp space available bloom intercluster transfers allowed joshua transfer nonetheless denied words jefferson county transfer adverse effect desegregation compliance young app meredith brought suit western district kentucky alleging violations equal protection clause fourteenth amendment district found jefferson county asserted compelling interest maintaining racially diverse schools assignment plan relevant respects narrowly tailored serve compelling interest mcfarland supra sixth circuit affirmed per curiam opinion relying upon reasoning district concluding written opinion serve useful purpose mcfarland jefferson cty public schools mcfarland ii granted certiorari ii threshold matter must assure jurisdiction seattle argues parents involved lacks standing none current members claim imminent injury even district maintains current plan reinstitutes racial tiebreaker seattle argues parents involved members affected children seek enroll seattle public high school choose oversubscribed school integration positive speculative harm maintain standing brief respondents pp argument unavailing group members children district elementary middle high schools app affidavit kathleen brose pursuant rule lodging petitioner parents involved complaint sought declaratory injunctive relief behalf parents involved members whose elementary middle school children may denied admission high schools choice apply schools future app fact possible children group members denied admission school based race choose undersubscribed school oversubscribed school race advantage eliminate injury claimed moreover parents involved also asserted interest forced compete seats certain high schools system uses race deciding factor many admissions decisions ibid held one form injury equal protection clause forced compete system may prejudice plaintiff adarand constructors pe northeastern chapter associated gen contractors america jacksonville injury members parents involved validly claim behalf children challenging standing seattle also notes ceased using racial tiebreaker pending outcome litigation brief respondents district vigorously defends constitutionality program nowhere suggests litigation resolved favor resume using race assign students voluntary cessation moot case controversy unless subsequent events ke absolutely clear allegedly wrongful behavior reasonably expected recur friends earth laidlaw environmental services toc quoting concentrated phosphate export internal quotation marks omitted heavy burden seattle clearly met jefferson county challenge jurisdiction tr oral arg nonetheless obliged ensure exists arbaugh although apparently joshua granted transfer bloom school transfer denied racial guidelines tr oral arg racial guidelines apply grade levels upon joshua enrollment middle school may subject assignment based race addition meredith sought damages complaint sufficient preserve ability consider question los angeles lyons iii well established government distributes burdens benefits basis individual racial classifications action reviewed strict scrutiny johnson california grutter bollinger adarand supra recently reaffirmed classifications simply pernicious permit exact connection justification classification gratz bollinger quoting fullilove klutznick stevens dissenting brackets omitted order satisfy searching standard review school districts must demonstrate use individual racial classifications assignment plans review narrowly tailored achieve compelling government interest adarand supra without attempting cases set forth interests school district might assert suffices note prior cases evaluating use racial classifications school context recognized two interests qualify compelling first compelling interest remedying effects past intentional discrimination see freeman pitts yet seattle public schools shown ever segregated law subject desegregation decrees jefferson county public schools previously segregated law subject desegregation decree entered district entered decree dissolved finding jefferson county eliminated vestiges associated former policy segregation pernicious effects thus achieved unitary status hampton supp jefferson county accordingly rely upon interest remedying effects past intentional discrimination defending present use race assigning students see tr oral arg emphasized harm remedied mandatory desegregation plans harm traceable segregation constitution violated racial imbalance schools without milliken bradley see also freeman supra dowell milliken bradley jefferson county achieved unitary status remedied constitutional wrong allowed assignments continued use race must justified second government interest recognized compelling purposes strict scrutiny interest diversity higher education upheld grutter specific interest found compelling grutter student body diversity context higher education ibid diversity interest focused race alone encompassed factors may contribute student body diversity described various types diversity law school sought law school policy makes clear many possible bases diversity admissions provides examples admittees lived traveled widely abroad fluent several languages overcome personal adversity family hardship exceptional records extensive community service successful careers fields brackets internal quotation marks omitted quoted articulation diversity justice powell opinion regents university california bakke noting interest simple ethnic diversity specified percentage student body effect guaranteed members selected ethnic groups justify use race grutter supra citing quoting bakke supra opinion powell brackets internal quotation marks omitted instead upheld grutter consideration far broader array qualifications characteristics racial ethnic origin single though important element quoting bakke supra opinion powell internal quotation marks omitted entire gist analysis grutter admissions program issue focused applicant individual simply member particular racial group classification applicants race upheld grutter part highly individualized holistic review explained importance individualized consideration context admissions program paramount ibid point narrow tailoring analysis grutter engaged ensure use racial classifications indeed part broader assessment diversity simply effort achieve racial balance explained patently unconstitutional present cases contrast race considered part broader effort achieve exposure widely diverse people cultures ideas viewpoints ibid race students determinative standing alone districts argue factors student preferences affect assignment decisions plans plan race comes play decisive simply one factor weighed others reaching decision grutter factor like university michigan undergraduate plan struck gratz plans provide meaningful individualized review applicants instead rely racial classifications nonindividualized mechanical way concurring even comes race plans employ limited notion diversity viewing race exclusively terms seattle terms jefferson see metro broadcasting fcc nation black white alone one teeming divergent communities knitted together various traditions carried forth individuals dissenting seattle board statement reaffirming diversity rationale speaks inherent educational value roviding students opportunity attend schools diverse student enrollment app seattle plan school percent students percent white students latino students qualify balanced school percent percent percent latino percent white students hard understand plan allow results viewed concerned achieving enrollment diverse grutter supra prior grutter courts appeals rejected unconstitutional attempts implement assignment plans plans issue primary secondary schools see eisenberg montgomery cty public schools tuttle arlington cty school wessman gittens see also ho san francisco unified school grutter however two courts appeals cases one found assignments permissible elementary secondary level largely reliance case see parents involved vii mcfarland ii comfort lynn school upholding admissions plan grutter though relied upon considerations unique institutions higher education noting light expansive freedoms speech thought associated university environment universities occupy special niche constitutional tradition see also bakke supra opinion powell explained ontext matters applying strict scrutiny repeatedly noted addressing use race context higher education grutter supra grutter expressly articulated key limitations holding defining specific type diversity noting unique context higher education limitations largely disregarded lower courts extending grutter uphold assignments elementary secondary schools present cases governed grutter perhaps recognizing reliance grutter sustain plans school districts assert additional interests distinct interest upheld grutter justify assignments briefing argument seattle contends use race helps reduce racial concentration schools ensure racially concentrated housing patterns prevent nonwhite students access desirable schools brief respondents jefferson county articulated similar goal phrasing interest terms educating students racially integrated environment app school district argues educational broader socialization benefits flow racially diverse learning environment contends diversity seek racial diversity broader diversity issue grutter makes sense promote interest directly relying race alone parties amici dispute whether racial diversity schools fact marked impact test scores objective yardsticks achieves intangible socialization benefits debate one need resolve however clear racial classifications employed districts narrowly tailored goal achieving educational social benefits asserted flow racial diversity design operation plans directed racial balance pure simple objective repeatedly condemned illegitimate plans tied district specific racial demographics rather pedagogic concept level diversity needed obtain asserted educational benefits seattle district seeks white enrollment percent within percent district white average percent nonwhite enrollment percent within percent district minority average percent app jefferson county contrast district seeks black enrollment less percent range designed equally black student enrollment systemwide mcfarland supp based objective achieving schools enrollment equivalent average enrollment percent app seattle benefits racial diversity require enrollment least percent white students jefferson county least percent must least percent nonwhite students jefferson county plan seattle three times figure comparison makes clear racial demographics district whatever happen drive required diversity numbers plans tailored achieving degree diversity necessary realize asserted educational benefits instead plans tailored words seattle manager enrollment planning technical support demographics goal established school board level diversity within schools approximates district overall demographics app districts offer evidence level racial diversity necessary achieve asserted educational benefits happens coincide racial demographics respective school districts rather balance districts since diversity addressed plans indeed brief seattle simply assumes educational benefits track racial breakdown district see brief respondents seattle balance clearly end rather measure extent educational goals plan designed foster likely achieved asked range percentage diverse however seattle expert said important sufficient numbers avoid students feeling kind specter exceptionality app district attempt defend proposition anything outside range posed specter exceptionality demonstrate way educational social benefits racial diversity avoidance racial isolation likely achieved school percent white percent qualify diverse seattle plan school percent percent percent latino percent white seattle definition racially concentrated similarly jefferson county expert referred importance least percent minority group representation group visible enough make difference noted small isolated minority groups school likely strong effect overall school app jefferson county plan however based goal replicating school enrollment equivalent average enrollment joshua mcdonald requested transfer denied race listed rather black allowing transfer adverse effect racial guideline compliance young elementary school sought leave time however young elementary percent black transfer might adverse effect effort approach racial proportionality young nothing preventing either black group becoming small isolated young fact case extreme measure relying race assignments unnecessary achieve stated goals even defined districts example franklin high school seattle racial tiebreaker applied nonwhite enrollment exceeded percent resulted incoming class percent percent percent latino percent percent caucasian without racial tiebreaker class percent percent percent latino percent percent caucasian see app actual racial breakdown considered enrolling students without regard race yields substantially diverse student body definition grutter number minority students school sought admit undefined meaningful number necessary achieve genuinely diverse student body although matter subject disagreement see scalia concurring part dissenting part rehnquist dissenting kennedy dissenting majority concluded law school count back applicant pool arrive meaningful number regarded necessary diversify student body racial balance districts seek defined range set solely reference demographics respective school districts working backward achieve particular type racial balance rather working forward demonstration level diversity provides purported benefits fatal flaw existing precedent many times reaffirmed acial balance achieved sake freeman see also richmond croson bakke opinion powell petitioner purpose assure within student body specified percentage particular group merely race ethnic origin preferential purpose must rejected facially invalid grutter reiterated outright racial balancing patently unconstitutional accepting racial balancing compelling state interest justify imposition racial proportionality throughout american society contrary repeated recognition heart constitution guarantee equal protection lies simple command government must treat citizens individuals simply components racial religious sexual national class miller johnson quoting metro broadcasting dissenting internal quotation marks omitted allowing racial balancing compelling end effectively assur race always relevant american life goal entirely governmental decisionmaking irrelevant factors human race never achieved croson supra plurality opinion quoting wygant jackson bd stevens dissenting turn quoting fullilove stevens dissenting brackets citation omitted interest linked nothing proportional representation various races support indefinite use racial classifications employed first obtain appropriate mixture racial views ensure program continues reflect mixture metro broadcasting supra dissenting validity concern racial balancing logical stopping point croson supra quoting wygant supra plurality opinion internal quotation marks omitted see also grutter supra demonstrated degree districts tie racial guidelines demographics districts demographics shift definition racial diversity see app describing application racial tiebreaker based current white percentage percent current minority percentage percent emphasis added ninth circuit stated share hope expressed grutter years racial preferences longer necessary interest identified case parents involved vii seattle plans defended necessary address consequences racially identifiable housing patterns sweep mandate claimed district contrary rulings remedying past societal discrimination justify government action see shaw hunt effort alleviate effects societal discrimination compelling interest croson supra wygant plurality opinion societal discrimination without amorphous basis imposing racially classified remedy concurring part concurring judgment governmental agency interest remedying discrimination discrimination traceable actions deemed sufficiently compelling pass constitutional muster principle racial balancing permitted one substance semantics racial balancing transformed patently unconstitutional compelling state interest simply relabeling racial diversity school districts use various verbal formulations describe interest seek promote racial diversity avoidance racial isolation racial integration offer definition interest suggests differs racial balance see app understanding school suffers racial isolation definition think ever sat said racially concentrated school exactly point quantitative terms think ever conversation tr mcfarland jefferson county school board define diversity well want schools make percentage students population jefferson county phrases interest racial integration integration certainly require sort racial proportionality reflected plan even context mandatory desegregation stressed racial proportionality required see milliken desegregation order contemplating substantive constitutional right particular degree racial balance mixing infirm matter law internal quotation marks omitted swann bd constitutional command desegregate schools mean every school every community must always reflect racial composition school system whole jefferson county already found eliminated vestiges prior segregated school system en banc ninth circuit declared racially diverse school system goal racial concentration isolation problem effective means consideration race achieve solution parents involved vii supra foregoing reasons conclusory argument sustain plans however closely related assignments may achieving racial balance goal whether labeled racial diversity anything else extent objective sufficient diversity students see fellow students individuals rather solely members racial group using means treat students solely members racial group fundamentally end districts assert must way employed individual racial classifications necessary achieve stated ends minimal effect classifications student assignments however suggests means effective seattle racial tiebreaker results end shifting small number students schools approximately student assignments affected racial tiebreaker district able track enrollment status students app assigned school one choices assigned school assigned without racial tiebreaker students assigned schools list choice students assigned respective school without racial tiebreaker able attend one oversubscribed schools due waitlist capacity adjustments assignments affected racial tiebreaker use race end made difference district identify students ultimately affected adversely racial tiebreaker resulted assignment school listed preference otherwise assigned panel majority parents involved vi concluded tiebreaker annual effect thus merely shuffle handfuls different minority students schools dozen additional latinos ballard dozen black students nathan hale perhaps two dozen asians roosevelt district met burden proving marginal changes outweigh cost subjecting hundreds students disparate treatment based solely upon color skin omitted similarly jefferson county use racial classifications minimal effect assignment students elementary school students assigned school percent time transfers account roughly percent assignments denied percent time presumably even smaller percentage denied basis racial guidelines given factors may lead denial mcfarland supp nn jefferson county estimates racial guidelines account percent assignments brief opposition tr oral arg jefferson county explains racial guidelines minimal impact process influence student assignment subtle indirect ways brief respondents pp suggest greater use race preferable minimal impact districts racial classifications school enrollment casts doubt necessity using racial classifications grutter consideration race viewed indispensable tripling minority representation law school percent see jefferson county claims guidelines provide firm definition board goal racially integrated schools administrators authority facilitate negotiate collaborate principals staff maintain schools within range brief opposition quoting mcfarland supra classifying assigning schoolchildren according binary conception race extreme approach light precedents nation history using race public schools requires amorphous end justify districts also failed show considered methods explicit racial classifications achieve stated goals narrow tailoring requires serious good faith consideration workable alternatives grutter supra yet seattle several alternative assignment plans many used express racial classifications rejected little consideration see app jefferson county failed present evidence considered alternatives even though district already claims goals achieved primarily means racial classifications brief respondents compare croson kennedy concurring part concurring judgment racial classifications permitted last resort iv justice breyer dissent takes different approach cases one fails ground result reach law instead selectively relies inapplicable precedent even dicta dismissing contrary holdings alters misapplies legal framework assessing equal protection challenges express racial classifications greatly exaggerates consequences today decision begin justice breyer seeks justify plans issue precedents recognizing compelling interest remedying past intentional discrimination see post even school districts go far good reason distinction segregation state action racial imbalance caused factors central jurisprudence area generations see milliken freeman resegregation product state action private choices constitutional implications dissent elides distinction de jure de facto segregation casually intimates seattle school attendance patterns reflect illegal segregation post fails credit judicial determination rigorous standard jefferson county eliminated vestiges prior segregation dissent thus alters fundamental ways facts presented established law justice breyer reliance mcdaniel barresi post highlights far removed discussion dissent question actually presented cases mcdaniel concerned georgia school system segregated law doubt county operated dual school system mcdaniel supra one questions obligation disestablish school system segregated law include remedies whether issued order effect see supra present cases us however seattle school district never segregated law jefferson county district found unitary eliminated vestiges prior dual status justification remedies mcdaniel therefore applicable dissent persistent refusal accept distinction insistence viewing racial classifications like ones mcdaniel devised overcome history segregated public schools post explains inability understand remedial justification racial classifications decide cases justice breyer dissent next relies heavily dicta swann bd far heavily school districts compare post brief respondents brief respondents dissent acknowledges discussion swann pure dicta post nonetheless asserts demonstrates basic principle constitutional law provides authoritative legal guidance post initially explained last term bound follow dicta prior case point issue fully debated central community college katz particularly true given swann decided yet confirmed strict scrutiny applies racial classifications like us see infra nothing technical theoretical post approach dicta see cohens virginia wheat marshall explaining dicta binding justice breyer put extraordinary weight admitted dicta relies statement something remotely say swann addresses possible state objective says nothing permissible means race conscious otherwise school district might employ achieve objective reason omission clear enough since case involve voluntary means adopted school district dissent characterization swann recognizing equal protection clause permits local school boards use criteria achieve positive goals best dubious inference post even dicta swann entitled weight dissent give dicta address question presented swann also address question presented cases whether school districts use racial classifications achieve stated goals permissible lower cases justice breyer cites evidence prevailing legal assumption embodied swann pertinent example dissent features tometz board waukegan city school dist illinois decision evidence state federal courts considered matter settled uncontroversial post tometz addressed challenge statute requiring drawing school attendance boundaries issue well beyond scope question presented cases importantly considered issue review test legislative classification essentially one reasonableness even dissent grudgingly recognizes improper standard evaluating express racial classifications cases cited similarly inapplicable see citizens better ed goose creek consol independent school tex app upholding rezoning plan review justice breyer dissent next looks authority washington seattle school dist post expressly noted passing propriety student assignments absence finding de jure segregation similarly citation crawford board ed los angeles post state referendum prohibiting assignment plan challenged inapposite crawford expressly reserved question presented cases reservations preliminary analyses course decide merits question evidenced disagreement among lower courts issue compare eisenberg comfort justice breyer dissent also asserts cases controlled grutter claiming existence compelling interest cases follows fortiori grutter post accusing us tacitly overruling case see post dissent overreads grutter however suggesting renders pure racial balancing constitutionally compelling interest grutter recognized using race simply achieve racial balance patently unconstitutional exceedingly careful describing interest furthered grutter interest simple ethnic diversity rather far broader array qualifications characteristics race single element internal quotation marks omitted take grutter word simply understand justice breyer maintain classifying every schoolchild black white using classification determinative factor assigning children achieve pure racial balance regarded less burdensome hence narrowly tailored consideration race grutter post grutter stated importance individualized consideration program paramount consideration race one factor highly individualized holistic review certainly constitutionality stark use race cases established dissent need extensive analysis undertaken grutter light foregoing justice breyer appeal stare decisis rings particularly hollow see post time relies inapplicable desegregation cases misstatements admitted dicta noncontrolling pronouncements justice breyer dissent candidly dismisses significance repeated holdings racial classifications must reviewed strict scrutiny see post arguing different standard review applied districts use race beneficent rather malicious purposes see post recently reiterated however racial classifications imposed government must analyzed reviewing strict scrutiny johnson quoting adarand emphasis added johnson see also grutter supra overnmental action based race group classification long recognized circumstances irrelevant therefore prohibited subjected detailed judicial inquiry internal quotation marks emphasis omitted justice breyer nonetheless relies good intentions motives school districts stating found case repudiated constitutional asymmetry seeks exclude seeks include members minority races post emphasis original found many cases clearly reject argument motives affect strict scrutiny analysis see johnson supra insisted strict scrutiny every context even racial classifications adarand rejecting idea racial classifications may held different standard croson racial classifications suspect means simple legislative assurances good intention suffice argument different rules govern racial classifications designed include rather exclude new repeatedly pressed past see gratz breyer concurring judgment ginsburg dissenting adarand supra stevens dissenting wygant stevens dissenting repeatedly rejected see also bakke opinion powell rejecting argument strict scrutiny applied classifications disadvantage minorities stating acial ethnic distinctions sort inherently suspect thus call exacting judicial examination reasons rejecting motives test racial classifications clear enough emphasis racial classifications suggests confidence ability distinguish good harmful governmental uses racial criteria history teach greater humility enign carries independent meaning reflects acceptance current generation conclusion politically acceptable burden imposed particular citizens basis race reasonable metro broadcasting dissenting see also adarand supra may always clear preference fact quoting bakke supra opinion powell accepting justice breyer approach move us equal benign metro broadcasting supra kennedy dissenting justice breyer speaks bringing races together putting aside purely nature plans justification excluding individuals basis race see post approach racial classifications fundamentally odds precedent makes clear equal protection clause protect persons groups adarand emphasis original see ibid governmental action based race group classification long recognized circumstances irrelevant therefore prohibited hirabayashi subjected detailed judicial inquiry ensure personal right equal protection laws infringed first emphasis original metro broadcasting supra ur constitution protects citizen individual member group kennedy dissenting bakke supra opinion powell fourteenth amendment creates rights guaranteed individual rights established personal rights fundamental principle goes back context brown see brown board education brown ii stake personal interest plaintiffs admission public schools nondiscriminatory basis emphasis added dissent contrast scrutiny simply beside point post justice breyer position comes familiar claim end justifies means admits cost applying racial label post confident cost worth paying established strict scrutiny test racial classifications however insists detailed examination ends means adarand supra emphasis added simply school districts may seek worthy goal mean free discriminate basis race achieve racial classifications subject less exacting scrutiny despite argument cases evaluated standard review traditional sense word post justice breyer still purports apply strict scrutiny cases see post evident however justice breyer brand narrow tailoring quite unlike anything found precedents without detailed discussion operation plans students affected districts failure consider alternatives dissent concludes districts shown racial classifications necessary achieve districts stated goals conclusion divorced evaluation actual impact plans issue cases note plans often effect post instead dissent suggests combination development plans time difficulty endeavor good faith districts suffices demonstrate stark controlling racial classifications constitutional constitution precedents require keeping view strict scrutiny apply justice breyer repeatedly urges deference local school boards issues see post deference fundamentally odds equal protection jurisprudence put burden state actors demonstrate policies justified johnson see croson history racial classifications country suggests blind judicial deference legislative executive pronouncements necessity place equal protection analysis west virginia bd ed barnette fourteenth amendment protects citizen state creatures boards education excepted justice breyer dissent ends unjustified note alarm predicts today decision threaten validity undreds state federal statutes regulations post see also post examples dissent mentions example provision child left behind act requires set measurable objectives track achievement students major racial ethnic groups nothing pertinent issues cases justice breyer also suggests means achieving greater racial diversity schools necessarily unconstitutional racial classifications issue cases survive strict scrutiny post means construct new schools allocate resources among schools academic offerings provide attract students certain schools implicate different considerations explicit racial classifications issue cases express opinion validity even dicta rather employ familiar analytic approach strict scrutiny evaluate plans issue today approach way warrants dissent cataclysmic concerns approach school districts carried burden showing ends seek justify particular extreme means chosen classifying individual students basis race discriminating among basis need racial classifications embraced school districts unclear even districts terms costs undeniable istinctions citizens solely ancestry nature odious free people whose institutions founded upon doctrine equality adarand internal quotation marks omitted government action dividing us race inherently suspect classifications promote notions racial inferiority lead politics racial hostility croson supra reinforce belief held many much history individuals judged color skin shaw reno endorse reasoning conception nation divided racial blocs thus contributing escalation racial hostility conflict metro broadcasting dissenting explained rice cayetano ne principal reasons race treated forbidden classification demeans dignity worth person judged ancestry instead merit essential qualities true enough contexts statements made government contracting voting districts allocation broadcast licenses electing state officers comes using race assign children schools history heard brown board education brown held segregation deprived black children equal educational opportunities regardless whether school facilities tangible factors equal government classification separation grounds race denoted inferiority inequality facilities fact legally separating children basis race relied find constitutional violation see impact segregation greater sanction next term accordingly stated full compliance brown required school districts achieve system determining admission public schools nonracial basis brown ii emphasis added parties amici debate side faithful heritage brown position plaintiffs brown spelled brief clearer fourteenth amendment prevents according differential treatment american children basis color race brief appellants nos respondents reargument brown summary argument racial classifications issue accord differential treatment basis race counsel appeared plaintiffs brown put one fundamental contention seek develop course argument contention state authority clause fourteenth amendment use race factor affording educational opportunities among citizens tr oral arg brown robert carter ambiguity statement position prevailed emphasized remedial opinion stake personal interest plaintiffs admission public schools soon practicable nondiscriminatory basis required determining admission public schools nonracial basis brown ii supra emphasis added racial classifications cases determine admission public school racial basis brown schoolchildren told go school based color skin school districts cases carried heavy burden demonstrating allow even different reasons schools never segregated basis race seattle removed vestiges past segregation jefferson county way achieve system determining admission public schools nonracial basis brown ii stop assigning students racial basis way stop discrimination basis race stop discriminating basis race judgments courts appeals sixth ninth circuits reversed cases remanded proceedings ordered parents involved community schools petitioner seattle school district et al writ certiorari appeals ninth circuit crystal meredith custodial parent next friend joshua ryan mcdonald petitioner jefferson county board education et al writ certiorari appeals sixth circuit june justice thomas concurring today holds state entities may experiment means achieve ends deem socially desirable wholly concur chief justice opinion write separately address several contentions justice breyer dissent hereinafter dissent contrary dissent arguments resegregation occurring seattle louisville school boards present interest remedying past segregation programs serve compelling state interest accordingly plans unconstitutional disfavoring interpretation constitution dissent give school boards free hand make decisions basis race approach reminiscent advocated segregationists brown board education approach wrong today ago constitution cases require us much demanding permitting local school boards make decisions based race dissent repeatedly claims school districts threatened resegregation succumb threat plans declared unconstitutional also argues plans justified part school boards attempts eradicat earlier school segregation see post contrary dissent rhetoric neither school districts threatened resegregation neither constitutionally compelled permitted undertake remediation racial imbalance segregation mere incantation terms like resegregation remediation make difference authorized required remedial measures address de jure segregation important define segregation clearly distinguish racial imbalance context public schooling segregation deliberate operation school system carry governmental policy separate pupils schools solely basis race swann bd see also monroe board jackson brown declared segregation unconstitutional equal protection clause fourteenth amendment swann supra see also green school bd new kent state acting local school board school officials organized operated dual system part part dual systems years ago brown held unconstitutional year later brown ii held must abolished racial imbalance failure school district individual schools match approximate demographic makeup student population large cf washington seattle school dist racial imbalance although presently observed racial imbalance might result past de jure segregation racial imbalance also result number innocent private decisions including voluntary housing choices see swann supra missouri jenkins thomas concurring racial imbalance inevitably linked unconstitutional segregation unconstitutional dayton bd ed brinkman dayton bd ed brinkman racial imbalance per se constitutional violation freeman pitts see also swann supra cf milliken bradley although arguably danger racial imbalance schools seattle louisville danger resegregation one contends seattle established louisville reestablished dual school system separates students basis race statistics cited appendix dissent contrary see post statistics show national trend toward classroom racial imbalance however racial imbalance without intentional state action separate races amount segregation raise specter resegregation defend programs ignore meaning word nature cases school districts lack interest preventing resegregation also present interest remedying past segregation constitution generally prohibits government decisionmaking authorized use measures remedial purposes two narrowly defined circumstances first schools formerly segregated law measures sometimes constitutionally compelled remedy prior school segregation second croson appeared willing authorize government unit remedy past discrimination responsible richmond croson without explicitly resting either strands doctrine dissent repeatedly invokes school districts supposed interests remedying past segregation properly analyzed though plans fall within either existing category permissible remediation constitution permit government decisionmaking simply school district claims remedial purpose proceeds good faith arguably pure motives grutter bollinger thomas concurring part dissenting part citing adarand constructors pe scalia concurring part concurring judgment rather government decisionmaking categorically prohibited unless narrowly tailored serve compelling interest grutter supra see also part infra exacting scrutiny proven automatically fatal cases jenkins supra thomas concurring cf hirabayashi acial discriminations circumstances irrelevant therefore prohibited appropriately constitution abhors classifications based race classifications harm favored races based illegitimate motives also every time government places citizens racial registers makes race relevant provision burdens benefits demeans us grutter supra opinion thomas therefore general rule government decisionmaking regardless context unconstitutional carved narrow exception general rule cases school district history maintaining two sets schools single school system deliberately operated carry governmental policy separate pupils schools solely basis race see swann cases remedial measures sometimes green cf fordice thomas concurring without history racial separation school district affirmative legal obligation take remedial measures eliminate segregation vestiges neither programs us today compelled remedial measure one makes claim seattle history de jure segregation therefore constitution require seattle although louisville operated segregated school system subject federal district desegregation decree see ante hampton jefferson cty bd supp wd decree dissolved since remedial measures required louisville thus plan issue instituted year dissolution desegregation decree even arguably required constitution aside constitutionally compelled remediation schools permitted government units remedy prior racial discrimination narrow circumstances see wygant jackson bd plurality opinion regardless constitutional validity remediation see croson supra scalia concurring judgment apply neither school board asserts actions taken remedy prior discrimination seattle provides three opposed remedial justifications assignment plan brief respondents pp louisville asserts several similar interests brief respondents pp oral argument counsel louisville disavowed claim louisville argument depend ed way prior de jure segregation tr oral arg furthermore government unit remedy past discrimination responsible required demonstrate basis evidence conclusion remedial action necessary croson quoting wygant supra plurality opinion establishing strong basis evidence requires proper findings regarding extent government unit past racial discrimination croson findings define scope injury necessary remedy must inherently unmeasurable claims past wrongs assertions general societal discrimination plainly insufficient wygant supra plurality opinion cf regents univ cal bakke opinion powell neither school district made specific findings seattle dissent attempts make failing adverting allegations made past complaints filed seattle school district however allegations complaints substitute specific findings prior discrimination even allegations lead settlements complaining parties cf croson supra wygant supra plurality opinion louisville slate cleared district dissolution decree effectively declared longer effects de jure discrimination need despite dissent repeated intimation remedial purpose neither programs question qualifies permissible remedial measure thus programs subject general rule government decisionmaking unconstitutional foregoing demonstrates racial balancing sometimes constitutionally permissible remedy discrete legal wrong de jure segregation directed end racial balancing exception general rule government decisionmaking unconstitutional perhaps reason dissent conflates concepts segregation racial imbalance racial imbalance equates segregation must also constitutionally acceptable use racial balancing remedy racial imbalance least two reasons however wrong place remediation segregation plane remediation racial imbalance first demonstrated two concepts distinct although racial imbalance result de jure segregation necessarily get era racial separation less likely racial imbalance traceable connection prior segregation see freeman jenkins thomas concurring second school remedy racial imbalance way remedy segregation remediation past de jure segregation process involving redress discrete legal injury inflicted identified entity point discrete injury remedied school district declared unitary see swann unlike de jure segregation ultimate remedy racial imbalance individual schools fall balance natural course appropriate balance shift school district changing demographics thus racial balancing take place indefinite basis continuous process identifiable culpable party discernable end point part reasons never permitted outright racial balancing solely purpose achieving particular racial balance ii lacking cognizable interest remediation neither plans survive strict scrutiny neither plan serves genuinely compelling state interest dissent avoids reaching conclusion unquestioningly accepting assertions selected social scientists completely ignoring fact assertions subject fervent debate ultimately dissent entire analysis corrupted considerations lead initially question whether strict scrutiny apply emerges version strict scrutiny combines hollow assurances harmlessness reflexive acceptance conventional wisdom comes government decisionmaking constitution demands dissent claims law requires application standard review traditional sense word post view informed dissents previous cases concurrences two appeals judges post citing kozinski concurring comfort lynn school boudin concurring lower judges reasoned programs like aimed oppressing blacks seek give one racial group edge another comfort supra boudin concurring kozinski concurring persuaded plans differed programs considered certainly benign laws favor disfavor one race segregate race create quotas racial group comfort boudin concurring far original evils fourteenth amendment addressed kozinski concurring instead strict scrutiny judge kozinski analyzed plans robust realistic rational basis review arguments inimical constitution made unusually clear strict scrutiny applies every racial classification adarand grutter johnson california insisted strict scrutiny every context even racial classifications good reasons apply lesser standard cases constitutional problems government decisionmaking diminished slightest presence absence intent oppress race real asserted motives decisionmaking adarand purportedly benign decisionmaking suffers constitutional infirmity invidious decisionmaking thomas concurring part concurring judgment far constitution concerned irrelevant whether government racial classifications drawn wish oppress race sincere desire help thought disadvantaged even supposing mattered constitutional analysis student assignment programs us benign dissent believes see post acial paternalism unintended consequences poisonous pernicious form discrimination adarand supra opinion thomas programs demonstrate every time government uses racial criteria bring races together post someone gets excluded person excluded suffers injury solely race petitioner louisville case received letter school board informing kindergartener allowed attend school petitioner choosing child race app doubtless hundreds letters like went school boards every year assignment plans operation type exclusion solely basis race precisely sort government action pits races one another exacerbates racial tension provoke resentment among believe wronged government use race adarand supra opinion thomas accordingly plans simply one variation government decisionmaking consistently held must subjected strict scrutiny grutter supra though dissent admits discomfort applying strict scrutiny plans claims nonetheless applied exacting standard search compelling interest dissent casually accepts even tenuous interests asserted behalf plans grouping term see post ntegration told three essential elements ibid none elements compelling combination three unsubstantiated elements produce interest compelling represented element independently according dissent integration involves interest setting right consequences prior conditions segregation post reasons explained records cases demonstrate either school board plan supported interest remedying past discrimination part supra moreover school boards interest remedying sundry consequences prior segregation unrelated schooling housing patterns employment practices economic conditions social attitudes post general claims past school segregation affected varied societal trends amorphous basis imposing racially classified remedy wygant plurality opinion sheer speculation segregation school system might affected trends see croson consequently school boards seeking remedy societal problems measures schools today way gauge proper scope remedy indeed remedial measures geared toward broad unrelated societal ills logical stopping point threaten become ageless reach past timeless ability affect future wygant supra plurality opinion see grutter stating requirement governmental use race must logical end point school boards lack interest remedying segregation element offers support purported interest integration next dissent argues interest integration educational element dissent asserts racially balanced schools improve educational outcomes black children support dissent unquestioningly cites certain social science research support propositions hotly disputed among social scientists reality far apparent coerced racial mixing educational benefits much less integration necessary black achievement scholars differing opinions whether educational benefits arise racial balancing concluded black students receive genuine educational benefits see crain mahard desegregation black achievement review research contemp probs others circumspect see henderson greenberg schneider uribe verdugo high quality schooling african american students beyond desegregation shujaa ed perhaps desegregation single effect positive negative academic achievement african american students rather strategies help hurt still others make difference whatsoever clear us focusing simply demographic issues detracts focusing improving schools concluded demonstrable educational benefits see armor rossell desegregation resegregation public schools beyond color line new perspectives race ethnicity america thernstrom thernstrom eds amicus briefs cases us mirror divergence opinion supporting school boards one amicus assured us early desegregation research recent statistical econometric analyses indicate positive effects minority student achievement scores arising diverse school settings brief american educational research association amicus curiae another brief claims school desegregation modest positive impact achievement students app brief social scientists amici curiae omitted yet neither briefs contains specific details like magnitude claimed positive effects precise demographic mix positive effects begin realized indeed social scientists brief rather cautiously claims existence benefit describing positive impact modest acknowledging appears little effect math scores admitting underlying reasons gains achievement entirely clear amici dispute findings one amicus reports study study racial composition student body isolated proves insignificant determinant student achievement brief john murphy et al amici curiae see also evidence diversity classroom positively affects student achievement another amicus surveys several social science studies concludes fair comprehensive analysis research shows clear consistent evidence educational benefits brief david armor et al amici curiae add inconclusive social science fact black achievement racially isolated environments see sowell education assumptions versus history brown prominent example exemplary black school dunbar high school period dunbar graduates earned fifteen degrees ivy league colleges ten degrees amherst williams wesleyan dunbar means isolated example see discussing successful black schools walker institutions care evidence segregated schooling african american children beyond desegregation shujaa ed see also sowell affirmative action around world empirical study even brown schools predominantly black enrollments achieved outstanding educational results see carter excuses lessons schools thernstrom thernstrom excuses closing racial gap learning see also izumi overcome schools california chronicling exemplary achievement predominantly hispanic schools california also evidence black students attending historically black colleges achieve better academic results attending predominantly white colleges grutter supra thomas concurring part concurring judgment citing sources see also fordice thomas concurring seattle school board must believe racial mixing necessary black achievement seattle operates academy nonwhite enrollment see app reply brief school founded part school board effort increase academic achievement see african american academy history online http internet materials visited june available clerk case file according school recent annual report cademic excellence primary goal see african american academy annual report online http racially imbalanced environment reportedly produced test scores higher across grade levels reading writing math ibid contrary dissent predicted see post children seattle african american academy shown gains placed highly segregated environment given tenuous relationship forced racial mixing improved educational results black children dissent plausibly maintain educational element supports integration interest let alone makes see jenkins thomas concurring reason think black students learn well surrounded members race integrated environment perhaps recognizing much dissent argues social science evidence strong enough permit democratically elected school board reasonably determine interest compelling one post assertion inexplicable school boards government entities whose practices must strictly scrutinize determine interests qualify compelling fourteenth amendment constitution rather must assess independently nature interest asserted evidence support order determine whether qualifies compelling precedents making determination deferred state authorities see grutter deference prompted factors uniquely relevant higher education holding today keeping tradition giving degree deference university academic decisions dissent proposed test whether sufficient social science evidence supports government unit conclusion interest asserts compelling calls mind standard review dissent purports apply post see williamson lee optical enough evil hand correction might thought particular legislative measure rational way correct furthermore leave jurisprudence mercy elected government officials evaluating evanescent views handful social scientists adopt dissent deferential approach abdicate constitutional finally dissent asserts democratic element integration interest defines democratic element interest producing educational environment reflects society children live post environmental reflection though another way say racial balancing referring members one group reason race ethnic origin discrimination sake bakke opinion powell constitution forbids ibid grutter supra freeman navigating around inconvenient authority dissent argues racial balancing plans end instead intended teac children engage kind cooperation among americans races necessary make land three hundred million people one nation post generic lessons socialization good citizenship sweeping qualify compelling interests grutter scalia concurring part dissenting part uniquely relevant schools uniquely formal educational setting therefore governments may constitutionally use racial balancing achieve aspirational ends schools may use racial balancing achieve similar goals every level clubs see bazemore friday brennan concurring state civil service see grutter opinion scalia moreover democratic interest durational limit contrary grutter command see see also croson wygant plurality opinion words always important students learn cooperation among races interest justifies measures today logically justify measures forever thus democratic interest limitless scope timeless ability affect future plurality opinion justify government addition defects democratic element integration interest fails dissent terms dissent relies upon social science research support proposition racial mixing teaches children accept cooperation improves racial attitudes race relations though dissent overstates data supposedly support interest dissent points data indicate black white students desegregated schools less racially prejudiced segregated schools post internal quotation marks omitted dissent account improvements racial attitudes depend upon increased contact black white students thought occur racially balanced schools guarantee however students different races school actually spend time one another schools frequently group students academic ability aid efficient instruction groupings often result classrooms high concentrations one race another see yonezawa wells serna choosing tracks freedom choice detracting schools ed research spring mickelson subverting swann segregation schools ed research pp summer describing effect schools charlotte north carolina addition classroom separation students different races within school may separate socially see hallinan williams interracial friendship choices secondary schools sociological pp see also clotfelter interracial contact high school extracurricular activities urban pp mar therefore even supposing interracial contact leads directly improvements racial attitudes race relations program assigns students different races schools might capture benefits simply putting students together roof necessarily mean students learn together even interact furthermore unclear whether increased interracial contact improves racial attitudes one researcher stated reviews desegregation intergroup relations unable come conclusion probable effects desegregation virtually reviewers determined firm conclusions impact desegregation intergroup relations drawn schofield school desegregation intergroup relations review literature review research education grant ed studies even found deterioration racial attitudes seems result racial mixing schools see john school desegregation outcomes children glance data shows either race positive findings less common negative findings stephan effects school desegregation evaluation years brown advances applied social psychology saks saxe eds therefore nearly apparent dissent suggests increased interracial exposure automatically leads improved racial attitudes race relations given case law paucity evidence supporting dissent belief plans improve race relations democratic element support integration dissent attempts buttress integration interest claiming follows fortiori interest recognized compelling grutter post regardless merit grutter compelling interest recognized case support plans grutter recognized compelling interest law school attainment diverse student body interest critically dependent upon features unique higher education expansive freedoms speech thought associated university environment special niche constitutional tradition occupied universities freedom university make judgments education includ ing selection student body internal quotation marks omitted none features present elementary secondary schools schools select students education elementary secondary environment generally involve free interchange ideas thought integral part higher education see bea dissenting extending grutter context require us cut holding loose theoretical moorings thus ignoring grutter reasoning dissent claim recognizing compelling interest cases fortiori application grutter stripped baseless novel interests dissent asserts behalf school boards plausibly maintain plans compelling interest explained grutter measures state must take provide bulwark anarchy prevent violence government effort remedy past discrimination responsible constitute compelling interests neither parties argued student assignment necessary provide bulwark anarchy prevent violence explained school districts remedial interest pursuing programs see part supra accordingly school boards satisfy strict scrutiny plans unconstitutional iii dissent criticisms today result traced rejection constitution see post dissent attempts marginalize notion constitution consigning members today see ibid see also post quite comfortable company keep view constitution justice harlan view plessy constitution neither knows tolerates classes among citizens plessy ferguson dissenting opinion view rallying cry lawyers litigated brown see brief appellants brown board education nos constitution color blind dedicated belief brief appellants brown board education fourteenth amendment precludes state imposing distinctions classifications based upon race color alone see also memoriam honorable thurgood marshall proceedings bar officers remarks judge motley marshall turned depressed moments known legal community first justice harlan dissent plessy ferguson know opinion buoyed marshall days dissent appears pin interpretation equal protection clause current societal practice expectations deference local officials likely practical consequences reliance previous statements courts view ascendant jurisprudence several decades first appeared plessy asked whether state law providing segregated railway cars reasonable regulation deferred local authorities making determination noting inquiring reasonableness must necessarily large discretion part legislature ibid likewise paid heed societal practices local expectations practical consequences looking established usages customs traditions people view promotion comfort preservation public peace good order ibid guided principles concluded say law authorizes even requires separation two races public conveyances unreasonable obnoxious fourteenth amendment acts congress requiring separate schools colored children district columbia segregationists brown embraced arguments endorsed plessy though brown decisively rejected arguments today dissent replicates distressing extent thus dissent argues ach plan embodies results local experience community consultation post similarly segregationists made repeated appeals societal practice expectation see brief appellees reargument briggs elliott state power establish school system capable efficient administration taking account local problems conditions dissent argues weight must given local school board knowledge expertise concerns post equal vigor segregationists argued deference local authorities see brief kansas reargument brown board education advocate concept constitutional law permits determinations state local policy made state local levels defend validity statute enables topeka board education determine course dissent argues today decision threatens substitute present calm disruptive round litigation post claims today decision risks serious harm law nation post segregationists also relied upon likely practical consequences ending system racial separation see brief appellees reargument davis county school board yet holding school segregation race violates constitution result upheaval places subject federal judicial scrutiny made many decisions widespread effect none affect people directly fundamental interests fact cause chaos local government reversal decision case foreshadowing today dissent segregationists heavily relied upon judicial precedent see brief appellees reargument briggs elliott difficult indeed find case favored precedent case south carolina similarities dissent arguments segregationists arguments stop like dissent segregationists repeatedly cautioned consider practicalities embrace theoretical view fourteenth dissent argues need programs lessen time segregationists claimed reliance segregation lessening might eventually wrong right whatever else rejection segregationists arguments brown might established certainly made clear state local governments take constitution right make decisions basis race adverse possession fact state local governments discriminating basis race long time irrelevant brown fact racial discrimination preferable relevant communities irrelevant brown fact state local governments relied statements opinions irrelevant brown principles guide today decision none considerations trumpeted dissent relevant constitutionality school boards plans contextual detail collection contextual details post provide refuge principle constitution government may make distinctions basis race adarand thomas concurring part concurring judgment place constitution dissent permit measures keep races together proscribe measures keep races see post although distinction apparent fourteenth amendment dissent constitutionalize today faddish social theories embrace distinction constitution malleable even current social theories favor classroom racial engineering necessary solve problems hand post constitution enshrines principles independent social theories see plessy harlan dissenting white race deems dominant race country prestige achievements education wealth power doubt continue time view constitution eye law country superior dominant ruling class citizens constitution neither knows tolerates classes among citizens indeed history taught us anything taught us beware elites bearing racial see dred scott sandford hey members negro african race rights white man bound respect really sure racial theories motivated dred scott plessy relic past future theories nothing beneficent progressive gamble unwilling take one constitution allow plans us base school assignment decisions students race ur constitution neither knows tolerates classes among citizens decisionmaking unconstitutional plessy supra harlan dissenting concur chief justice opinion holding parents involved community schools petitioner seattle school district et al writ certiorari appeals ninth circuit crystal meredith custodial parent next friend joshua ryan mcdonald petitioner jefferson county board education et al writ certiorari appeals sixth circuit june justice kennedy concurring part concurring judgment nation schools strive teach strength comes people different races creeds cultures uniting commitment freedom cases two school districts different parts country seek teach principle classrooms reflect racial makeup surrounding community school districts consider plans necessary remind us highest aspirations yet unfulfilled solutions mandated school districts must lawful make race matter might matter later may entrench prejudices seek overcome view racial classifications issue official labels proclaiming race persons broad class citizens elementary school students one case high school students another unconstitutional cases come us agree chief justice jurisdiction decide cases us join parts ii opinion also join parts reasons provided views allow join balance opinion chief justice seems inconsistent approach implications history meaning reach equal protection clause justice breyer dissenting opinion hand rests respectful submission misuse mistaken interpretation precedents leads advance propositions view erroneous fundamental conflict basic equal protection principles consequence separate opinion necessary set forth conclusions two cases opinion justice breyer dissenting opinion hereinafter dissent describe detail history integration efforts louisville seattle plans classify individuals race allocate benefits burdens basis result subjected strict scrutiny see johnson california ante dissent finds school districts identified compelling interest increasing diversity including purpose avoiding racial isolation see post plurality contrast acknowledge school districts identified compelling interest see ante reason among others join parts iv diversity depending meaning definition compelling educational goal school district may pursue well established governmental policy subjected strict scrutiny government burden proving racial classifications narrowly tailored measures compelling governmental interests johnson supra quoting adarand constructors pe absent searching judicial inquiry justification measures simply way determining classifications classifications fact motivated illegitimate notions racial inferiority simple racial politics richmond croson plurality opinion inquiry less restrictive alternatives demanded narrow tailoring analysis requires many cases thorough understanding plan works government bears burden justifying use individual racial classifications part burden must establish detail decisions based individual student race made challenged governmental program jefferson county board education fails meet threshold mandate petitioner crystal meredith challenges district decision deny son joshua mcdonald requested transfer kindergarten enrollment district concedes denied request guidelines say basis joshua race brief respondents see also app yet district also maintains guidelines apply kindergartens brief respondents fails explain discrepancy resort record including parties stipulation facts confuses matter see app transfer applications denied lack available space students grades primary kindergarten racial guidelines district current student assignment plan student assignment plan apply students primary see also stipulation facts doc exh jefferson county public schools elementary student assignment application section assignment made school primary kindergarten grade five long racial guidelines maintained primary kindergarten placement enhance racial balance new application must completed primary grade one discrepancy identified simple straightforward error touches upon peripheries district use individual racial classifications contrary jefferson county briefing explained employs classifications terms broad imprecise withstand strict scrutiny see brief respondents acknowledges racial classifications used make certain assignment decisions fails make clear example makes decisions oversight employed precise circumstances assignment decision made basis race determined two similarly situated children subjected given decision see ibid see also app indicating decisions based racial guidelines without explanation setting forth blanket mandate chools shall work cooperatively central office ensure enrollment schools question within racial guidelines annually encourage enrollment schools progresses toward midpoint guidelines mcfarland jefferson cty public schools supp wd litigation involves complex comprehensive plan contains multiple strategies achieving racially integrated schools brief respondents ambiguities become problematic light contradictions confusions result compare app jefferson county school designated geographic attendance area called area school school school students whose parent guardian residence address within school geographic attendance area elementary students shall assigned school serves area reside brief respondents selection criteria admission elementary school student resides school except attainment appropriate age completion previous grade app decisions assign students schools within cluster based available space within elementary schools racial guidelines district current student assignment plan acknowledging student may assigned resides school reached extremes racial guidelines one attempt identify construction jefferson county student assignment plan least logical matter complies competing propositions remedy underlying problem jefferson county fails make clear even limited respects implicated joshua initial assignment transfer denial whether fact relies racial classifications manner narrowly tailored interest question rather inconsistent ad hoc manner less forgiving reading record suggest subjects governmental action strict scrutiny construe ambiguities favor state seattle case school district gone describing methods criteria used determine assignment decisions basis individual racial classifications see brief respondents district nevertheless failed make adequate showing least one respect failed explain district composed diversity races fewer half students classified white employed crude racial categories white basis assignment decisions see district identified purposes follows promote educational benefits diverse school enrollments reduce potentially harmful effects racial isolation allowing students opportunity opt racially isolated schools make sure racially segregated housing patterns prevent students equitable access popular schools yet school district explain context diverse student population blunt distinction white furthers goals explains school percent students percent white students latino students qualify balanced school percent percent percent latino percent white students ante see also brief amicus curiae pp far narrowly tailored purposes system threatens defeat ends school district provided convincing explanation design problems evident seattle system need address district fails account classification system chosen despite appears ill fit seattle shown plan narrowly tailored achieve ends thus fails pass strict scrutiny ii nation inception sought preserve expand promise liberty equality founded today enjoy society remarkable openness opportunity yet tradition go beyond present achievements however significant recognize confront flaws injustices remain especially true seek assurance opportunity denied account race enduring hope race matter reality often way preface respectful submission parts opinion chief justice imply insistence race factor instances view may taken account plurality opinion dismissive legitimate interest government ensuring people equal opportunity regardless race plurality postulate way stop discrimination basis race stop discriminating basis race ante sufficient decide cases fifty years experience since brown board education teach us problem us defies easy solution school districts seek reach brown objective equal educational opportunity plurality opinion least open interpretation constitution requires school districts ignore problem de facto resegregation schooling endorse conclusion extent plurality opinion suggests constitution mandates state local school authorities must accept status quo racial isolation schools view profoundly mistaken statement justice harlan ur constitution certainly justified context dissent plessy ferguson decision case grievous error took far long overrule plessy course concerned official classification race applicable persons sought use railway carriages aspiration justice harlan axiom must command assent real world regrettable say universal constitutional principle administration public schools state local authorities permissible consider racial makeup schools adopt general policies encourage diverse student body one aspect racial composition cf grutter bollinger kennedy dissenting school authorities concerned compositions certain schools interfere objective offering equal educational opportunity students free devise measures address problem general way without treating student different fashion solely basis systematic individual typing race school boards may pursue goal bringing together students diverse backgrounds races means including strategic site selection new schools drawing attendance zones general recognition demographics neighborhoods allocating resources special programs recruiting students faculty targeted fashion tracking enrollments performance statistics race mechanisms race conscious lead different treatment based classification tells student defined race unlikely demand strict scrutiny found permissible see bush vera plurality opinion strict scrutiny apply merely redistricting performed consciousness race electoral district lines race neutral searching inquiry necessary strict scrutiny found applicable redistricting cases cases based explicitly quoting adarand executive legislative branches generations considered types policies procedures permitted employ candor confidence constitutional violation occur whenever decisionmaker considers impact given approach might students different races assigning student personal designation according crude system individual racial classifications quite different matter legal analysis changes accordingly respondent asserted assignment individual students race permissible way avoid racial isolation school districts yet explained failed provide support necessary proposition cf croson history racial classifications country suggests blind judicial deference legislative executive pronouncements necessity place equal protection analysis individual racial classifications employed manner may considered legitimate last resort achieve compelling interest see kennedy concurring part concurring judgment cases us noteworthy number students whose assignment depends express racial classifications limited join part opinion agree context plans small number assignments affected suggests schools achieved stated ends different means include facially means set forth necessary nuanced individual evaluation school needs student characteristics might include race component latter approach informed grutter though course criteria relevant student placement differ based age students needs parents role schools iii dissent rests assumptions sweeping classifications persons permitted existing precedents confident endorsement race categories child large segment community presents danger individual freedom prospective realms governmental regulation racial classifications used cause hurt anger type constitution prevents premises respectful view incorrect dissent reliance precedents justify explicit sweeping classwide racial classifications issue misreading authorities appears tends undermine principles needed guard freedom critique analysis many respects agreement chief justice conclusions set forth part opinion correct view compelling interests implicated cases us distinct interests recognized remedying effects past intentional discrimination increasing diversity higher education see ante notes recognized compelling nature interest remedying past intentional discrimination freeman pitts interest diversity higher education grutter time compelling interests view help inform present inquiry extent plurality opinion interpreted foreclose consideration interests disagree reasoning dissent general conclusions upon relies principled limit result broad acceptance governmental racial classifications areas far afield schooling dissent permissive strict scrutiny bears passing resemblance review invite widespread governmental deployment racial classifications every reason think dissent rationale accepted congress assuming otherwise proper exercise spending authority commerce power mandate either seattle jefferson county plans nationwide seems principled rule moreover limit dissent rationale context public schools dissent emphasizes local control see post unique history school desegregation see post fact plans make less use race prior plans see post factors seem rhetorical integral analytical structure opinion brings us dissent reliance opinions gratz bollinger grutter today dissent said adhering views expressed separate opinions gratz grutter see gratz breyer concurring judgment stevens dissenting souter dissenting ginsburg dissenting grutter supra ginsburg concurring understandable likely within tradition invoked view rare instances permits us maintain positions face stare decisis fundamental points doctrine stake see federal maritime south carolina ports authority stevens dissenting say however must ratify racial classifications issue based majority opinions gratz grutter respect simply baffling gratz involved system race entire classification procedures gratz placed much less reliance race plans issue issue gratz arose moreover context college admissions students choices precedent supported proposition first amendment interests give universities particular latitude defining diversity see regents univ cal bakke opinion powell even race factor found invalid gratz supra gratz measure racial classification systems fortiori invalid dissent say college cases simply applicable public school systems kindergarten high school seem wrong least arguable distinction fair reading though majority opinion gratz cited authority sustain racial classifications consideration must said controlling opinion grutter sustained system found flexible enough take account pertinent elements diversity internal quotation marks omitted considered race one factor among many seattle plan contrast relies upon mechanical formula denied hundreds students preferred schools basis three rigid criteria placement siblings distance schools race students considered whole range talents school needs race one consideration grutter application though case support today dissent draw grutter must found various separate opinions opinion filed uphold programs asked brush aside two concepts central importance determining validity laws decrees designed alleviate hurt adverse consequences resulting race discrimination first difference de jure de facto segregation second presumptive invalidity state use racial classifications differentiate treatment individuals immediate aftermath brown addressed instances laws practices enforced de jure segregation see loving virginia marriage new orleans city park improvement assn detiege per curiam public parks gayle browder per curiam buses holmes atlanta per curiam golf courses mayor baltimore dawson per curiam beaches reference schools effect legal wrong proved difficult correct remedy wrong school districts segregated law choice whether supervision pursuant voluntary desegregation efforts resort extraordinary measures including individual student teacher assignment schools based race see swann bd see also croson kennedy concurring part concurring judgment noting racial classifications may adequate remedy judicial determination state instrumentality violated equal protection clause dissent observes see post louisville classified children race school assignment busing plan cases recognized fundamental difference school districts engaged de jure segregation whose segregation result factors school districts engaged de jure segregation affirmative constitutional duty desegregate de facto segregated compare green school bd new kent milliken bradley distinctions de jure de facto segregation extended remedies available governmental units addition courts example wygant jackson bd plurality noted never held societal discrimination alone sufficient justify racial classification rather insisted upon showing prior discrimination governmental unit involved allowing limited use racial classifications order remedy discrimination decision croson supra reinforced difference remedies available redress de facto de jure discrimination accept claim past societal discrimination alone serve basis rigid racial preferences open door competing claims relief every disadvantaged group dream nation equal citizens society race irrelevant personal opportunity achievement lost mosaic shifting preferences based inherently unmeasurable claims past wrongs standpoint victim true injury stemming racial prejudice hurt much demeaning treatment based race identity stems bias masked deep within social order imposed law distinction government private action furthermore amorphous historical matter matter finding fact laws arise culture vice versa neither assign responsibility persisting injustices yet like many legal categories overlap instances constitutional distinction de jure de facto segregation thought important one must conceded primary function school cases delimit powers judiciary fashioning remedies see milliken supra distinction altogether disregarded however come sensitive racial issues attempt government treat whole classes persons differently based government systematic classification individual race distinction serves limit exercise power reaches verge constitutional authority reduction individual assigned racial identity differential treatment among pernicious actions government undertake allocation governmental burdens benefits contentious circumstances even divisive allocations made basis individual racial classifications see regents univ cal bakke adarand notwithstanding concerns allocation benefits burdens individual racial classifications found sometimes permissible context remedies de jure wrong de jure segregation cognizable legal wrong courts legislatures broad power remedy remedy though limited time limited wrong allowed school districts remedy prior de jure segregation classifying individual students based race see north carolina bd ed swann limitation power instances de jure segregation serves confine nature extent duration governmental reliance individual racial classifications cases argued upon assumption come us premise discrimination question result de jure actions de facto discrimination issue tradition remedial rules different state must seek alternatives classification differential treatment individuals race least absent extraordinary showing present dissent refers opinion filed judge kozinski one cases us opinion relied upon opinion filed chief judge boudin case presenting issue similar one see post citing concurring opinion citing comfort lynn school boudin concurring though may oversimplify matter bit one main concerns underlying opinions legitimate school authorities work avoid racial isolation schools must indirection general policies constitution mandate inefficient result may authorities recognize problem candid fashion solve altogether resort direct assignments based student racial classifications argument proceeds race problem perhaps race solution argument ignores dangers presented individual classifications dangers pressing ends achieved indirect means government classifies individual race must first define means race exactly white nonwhite forced live racial label inconsistent dignity individuals society label individual powerless change governmental classifications command people march different directions based racial typologies cause new divisiveness practice lead corrosive discourse race serves element diverse heritage instead bargaining chip political process hand measures rely differential treatment based individual classifications present problems lesser degree idea race problem race instrument solve accepted analytical leap forward frustrating duality equal protection clause simply reflects duality history attempts promote freedom world sometimes seems set constitution individual child adult find identity define persona without state intervention classifies basis race color skin nation moral ethical obligation fulfill historic commitment creating integrated society ensures equal opportunity children compelling interest exists avoiding racial isolation interest school district discretion expertise may choose pursue likewise district may consider compelling interest achieve diverse student population race may one component diversity demographic factors plus special talents needs also considered government permitted absent showing necessity made classify every student basis race assign schools based classification crude measures sort threaten reduce children racial chits valued traded according one school supply another demand statement sure invites response sense stigma may already become fate separated circumstances beyond immediate control replication must even measures differential treatment based racial typing individuals first must exhausted decision today prevent school districts continuing important work bringing together students different racial ethnic economic backgrounds due variety factors influenced government neighborhoods communities reflect diversity nation whole entrusted directing public schools bring bear creativity experts parents administrators concerned citizens find way achieve compelling interests face without resorting widespread governmental allocation benefits burdens basis racial classifications explanation concur judgment parents involved community schools petitioner seattle school district et al writ certiorari appeals ninth circuit crystal meredith custodial parent next friend joshua ryan mcdonald petitioner jefferson county board education et al writ certiorari appeals sixth circuit june justice stevens dissenting join justice breyer eloquent unanswerable dissent entirety appropriate add words cruel irony chief justice reliance decision brown board education first sentence concluding paragraph opinion brown schoolchildren told go school based color skin ante sentence reminds anatole france observation majestic equality la forbid rich poor alike sleep bridges beg streets steal bread chief justice fails note black schoolchildren ordered indeed history books tell stories white children struggling attend black ways chief justice rewrites history one important decisions compare ante history heard brewer quarterman slip roberts dissenting familiar adage history written victors chief justice rejects conclusion racial classifications issue viewed differently others impose burdens one race alone stigmatize justification refusing acknowledge obvious importance difference citation recent opinions none even approached unanimity grandly proclaiming racial classifications must analyzed strict scrutiny see adarand constructors pe even today two wisest federal judges rejected wooden reading equal protection clause context school integration see kozinski concurring comfort lynn school boudin concurring misuse approach equal protection analysis merely reconfirms view one clause constitution see craig boren concurring opinion look cases decided interim brown adarand see rigid adherence tiers scrutiny obscures brown clear message perhaps best example provided approval decision judicial massachusetts upholding state statute mandating racial integration state school system see school comm boston board education mass rejecting arguments comparable plurality accepts noted height irony racial imbalance act enacted laudable purpose achieving equal educational opportunities prescribing school pupil allocations based race founder unsuspected shoals fourteenth amendment omitted invoking mandatory appellate boston plaintiffs prosecuted appeal ruling merits simply stated appeal dismissed want substantial federal question school comm boston board education per curiam decision expressed appraisal merits appeal constitutes precedent overrules today subsequent statements unanimous swann bd rehnquist chambers bustop los angeles bd host state decisions cited justice breyer see post fully consistent disposition unlike today decision also entirely loyal brown changed significantly since decided school comm boston faithful brown respectful precedent today firm conviction member joined agreed today decision parents involved community schools petitioner seattle school district et al writ certiorari appeals ninth circuit crystal meredith custodial parent next friend joshua ryan mcdonald petitioner jefferson county board education et al writ certiorari appeals sixth circuit june justice breyer justice stevens justice souter justice ginsburg join dissenting cases consider longstanding efforts two local school boards integrate public schools school board plans us resemble many others adopted last years primary secondary schools throughout nation plans represent local efforts bring kind racially integrated education brown board education long ago promised efforts repeatedly required permitted encouraged local authorities undertake recognized public interests stake cases compelling approved narrowly tailored plans less plans us understood constitution permits local communities adopt desegregation plans even require plurality pays inadequate attention law past opinions rationales language contexts arise result reverses course reaches wrong conclusion distorts precedent misapplies relevant constitutional principles announces legal rules obstruct efforts state local governments deal effectively growing resegregation public schools threatens substitute present calm disruptive round litigation undermines brown promise integrated primary secondary education local communities sought make reality justified name equal protection clause facts historical factual context cases arise critical brown held government segregation schoolchildren race violates constitution promise equal protection emphasized education perhaps important function state local governments thereby set nation path toward school integration dozens subsequent cases told school districts previously segregated law must minimum comply brown constitutional holding measures required cases often included practices mandatory busing restrictions voluntary transfers see columbus bd ed penick davis board school mobile green school bd new kent beyond minimum requirements left much determination achieve integration judgment local communities thus respect desegregation measures constitution permitted require measures similar issue unanimously stated school authorities traditionally charged broad power formulate implement educational policy might well conclude example order prepare students live pluralistic society school prescribed ratio negro white students reflecting proportion district whole educational policy within broad discretionary powers school authorities swann bd emphasis added result different districts acting decree acting order avoid threatened lawsuits seeking comply federal administrative orders acting purely voluntarily acting federal courts dissolved earlier orders adopted modified experimented hosts different kinds plans including plans similar objective greater racial integration public schools see welch light new evidence school desegregation hereinafter welch prepared commission civil rights reviewing sample school districts constituting national public school enrollment experimented nearly different plans years techniques different districts employed range voluntary transfer programs mandatory reassignment design particular plans dictated law specific needs district ibid overall efforts brought considerable racial integration recently however progress stalled number black children attending school minority children constituted half school fell nation south reversed direction year rising nation south similarly number black children attending schools minority fell nation south reversed direction rising year nation south almost million students public school enrollment attended schools white population less million black latino students white today one six black children attend school minority see appendix infra light evident risk return school systems fact though law resegregated many school districts felt need maintain extend integration efforts upshot myriad school districts operating myriad circumstances devised myriad plans often elements sake eradicating earlier school segregation bringing integration preventing retrogression seattle louisville two districts histories present plans set forth typical school integration stories describe histories length order highlight three important features cases first school districts plans serve compelling interests narrowly tailored reasonable definition terms second distinction de jure segregation caused school systems de facto segregation caused housing patterns generalized societal discrimination meaningless present context thereby dooming plurality endeavor find support views distinction third efforts substitute racially diverse racially segregated schools however caused complex point constitution plausibly interpreted rule categorically local efforts use means conscious race individuals seattle louisville local school districts began schools highly segregated fact cities plaintiffs filed lawsuits claiming unconstitutional segregation louisville federal district found school segregation reflected state laws separating races seattle plaintiffs alleged school segregation unconstitutionally reflected generalized societal discrimination residential housing patterns also school board policies actions helped create maintain aggravate racial segregation louisville federal entered remedial decree seattle parties settled school district pledged undertake desegregation plan cities school boards adopted plans designed achieve integration bringing racially diverse schools city school board modified plan several times light example hostility busing threat resegregation desirability introducing greater student choice city school boards plans evolved time ways progressively diminish plans use explicit criteria histories follow set forth basic facts based upon numerous sources ease exposition cataloged along corresponding citations appendix infra seattle segregation world war ii significant numbers black americans began make seattle home black residents lived outside central section city worked unskilled jobs although black students made total seattle population nearly black children attended schools majority population minority elementary schools central seattle black garfield central district high school minority schools outside central southeastern sections seattle virtually white preliminary challenges memo seattle school board reported school segregation reflected segregated housing patterns also school board policies permitted white students transfer black schools restricting transfer black students white schools black parents whose children attended harrison elementary school black student population wrote seattle board complaining harrison elementary school set accordance standards school district arbitrarily set end excluding colored children mcgilvra school adjacent harrison school district insistence national association advancement colored people naacp community groups school board adopted new transfer policy new policy added explicitly racial criterion place exists school irrespective transfer criteria white student may transfer predominantly black school black student may transfer predominantly white school time one high school garfield minority eight high schools virtually white transfer program first year black students white students transferred total district black students district white students took advantage plan next decade annual program transfers remained approximately level naacp first legal challenge seattle response naacp filed federal lawsuit school board claiming board unlawfully unconstitutionally establish ed maintain ed system racially segregated public schools complaint said black public elementary school students seattle attended city elementary schools remaining schools black students similarly black students enrolled senior high schools seattle attended senior high schools attended single school garfield complaint charged school board brought segregated system part mak ing enforc ing certain rules regulations part drawing boundary lines executing school attendance policies create maintain predominantly negro schools part building schools manner restrict negro plaintiffs class represent predominantly negro schools complaint also charged board discriminated assigning teachers board responded lawsuit introducing plan required transfers mandatory busing plan created three new middle schools three school buildings predominantly white north end created mixed student body assigning schools students otherwise attend predominantly white predominantly black schools elsewhere used explicitly racial criteria making assignments deliberately assigned new middle schools black students white students black schools white students black students white schools used busing transport students new assignments plan provoked considerable local opposition opponents brought lawsuit eventually state found mandatory busing lawful plan involved busing middle school students black students white students another black students white students participated previously adopted voluntary transfer program thus students total district population students involved one transfer program time district students black board continued describe schools segregated naacp second legal challenge naacp filed another legal complaint time federal department health education welfare office civil rights ocr complaint alleged seattle school board created perpetuated unlawful racial segregation certain criteria construction program needlessly built new schools white areas district criteria maintenance inferior facilities black schools use explicit racial criteria assignment teachers staff general pattern delay respect implementation promised desegregation efforts ocr school board entered formal settlement agreement agreement required board implement became known seattle plan seattle plan mandatory busing board began implement seattle plan plan labeled racially imbalanced school percentage black students exceeded minority population school district whole applied label schools including high schools cleveland minority franklin minority garfield minority rainier beach minority plan paired triaded imbalanced black schools imbalanced white schools placed grades say third fourth grades one school building grades say fifth sixth grades school building thereby required example fourth grade students previously black previously white schools first attend together mixed fourth grade one school buildings next year attend mixed fifth grade school building time plan provided previous black school remain black previous white school remain white consequently necessary decide care students attend new mixed grade purpose administrators cataloged racial makeup neighborhood housing block school district met percentage goals assigning new mixed school appropriate number black housing blocks white housing blocks time transport house school involved extensive busing half students attending school one closest home seattle plan achieved school integration sought prior plan implementation example seattle high schools imbalanced almost exclusively black almost exclusively white two balance cleveland remained balance board defined mere two students nonetheless seattle plan due busing provoked serious opposition within state see generally washington seattle school dist thus washington state voters enacted initiative amended state law require students assigned schools closest homes seattle school board challenged constitutionality initiative held initiative prevented seattle plan taking effect violated fourteenth amendment student choice many white families left school district many asian families moved public school population fallen less racial makeup school population amounted white black asian pacific islander hispanics native americans making rest cost busing harm members racial communities feared seattle plan caused desire attract white families back public schools interest providing greater school choice led board abandon busing substitute new student assignment policy resembles plan us new plan permitted student choose school wished attend subject constraints respect high schools example student given list subset schools carefully selected board balance racial distribution district including neighborhood schools schools racially different neighborhoods elsewhere city student choose among schools indicating first choice choices student found acceptable making assignment particular high school district give first preference student sibling already school gave second preference student whose race differed race school race accounted higher percentage school population total district population gave third preference students residing neighborhood gave fourth preference students received child care neighborhood typical year say potential high school students participated received first choice another received acceptable choice assigned school listed current plan present school board adopted present plan began sought deemphasize use racial criteria increase likelihood student receive assignment first second choice high school district retained racial tiebreaker oversubscribed schools takes effect school minority majority enrollment falls outside range centered population ratio within district time students free subsequently transfer school initially placed different school choice without regard race thus worst student spend one year high school pick first second choice new plan worked roughly expected two school years effect school year example racial tiebreaker entering ninth grade class franklin high school minority population without racial tiebreaker class franklin almost minority population consider ninth grade since students entering class subject tiebreaker plan place long enough change composition entire school year time racial tiebreaker used several years franklin overall minority enrollment risen period tiebreaker applied typically affected students per year students received first choice assignment received first second choice assignment petitioner parents involved community schools objected seattle recent plan state federal constitutions due course washington federal district appeals ninth circuit sitting en banc rejected challenge found seattle plan lawful louisville lawsuit two years brown made clear kentucky longer require racial segregation law louisville board education created student assignment plan designed help achieve school integration time adopted open transfer policy approximately louisville students applied transfer however louisville school district remained highly segregated approximately half district public school enrollment black half white fourteen district nineteen middle high schools close totally black totally white nineteen district elementary schools black elementary schools roughly white guidelines busing civil rights groups parents claiming unconstitutional segregation sued louisville board education federal original litigation eventually became lawsuit jefferson county school system april absorbed louisville schools combined surrounding suburbs ease exposition shall still use louisville refer combined districts preliminary rulings eventual victory plaintiffs appeals sixth circuit district july entered order requiring desegregation order requirements reflected newly enlarged school district student population approximately black order required school board create maintain schools student populations ranged elementary schools black secondary schools one exception black district also adopted complex desegregation plan designed achieve order targets plan required redrawing school attendance zones closing schools busing groups students selected race first letter last names schools outside immediate neighborhoods plan initial busing requirements extensive involving busing students transportation fleet operate early morning late evening typical students plan meant busing several years several years typical black students typical white students following notice published louisville newspaper gives sense district busing plan operated practice louisville courier journal june reproduced wilkinson brown bakke school integration district monitored implementation plan found plan brought louisville schools within racial composition least substantial portion previous three years removed case active docket stating expected board continue implement portions desegregation order nature continuing effect several schools fallen compliance order racial percentages due shifting demographics community school board revised desegregation plan board created new racial guideline namely floating range countywide average different grade levels board simultaneously redrew district boundaries middle school students attend school three years high school students four years added magnet programs two high schools adjusted system grouping busing students board estimated new plan lead annual reassignment busing black students white students student choice project renaissance board concluded assigning elementary school students two schools elementary school years proved educationally unsound continued undermine kentucky newly adopted education reform act consequently conducted nearly review plan consulted widely parents members local community using public presentations public meetings various methods obtain public input conclusion review board adopted new plan called project renaissance emphasized student choice project renaissance revised board racial guidelines provided elementary school black student population middle high school black population white population fell within range boundaries set general student population percentages county grade level plan drew new geographical school assignment zones designed satisfy guidelines district reassign students particular schools failed meet guidelines required school repeatedly missed targets respect elementary schools plan first drew neighborhood line around elementary school drew second line around groups elementary schools called clusters initially assigned student neighborhood school permitted student freely transfer elementary schools within cluster provided transferring student black transferring predominantly black school predominantly white school white transferring predominantly white school predominantly black school students also apply attend magnet elementary schools programs plan required middle school student assigned neighborhood school unless student applied accepted magnet middle school plan provided open high school enrollment every grader apply high school system high school accept applicants according set criteria one consisted need attain remain compliance plan racial guidelines finally plan created two new magnet schools one elementary middle school levels current plan project renaissance modified louisville school board help special planning team community meetings official unofficial study groups monitored effects project renaissance considered proposals improvement consequently board modified project renaissance thereby creating present plan time district public school population approximately black plan consequently redrew racial guidelines setting boundaries black schools redrew school assignment boundaries expanded transfer opportunities available elementary middle school pupils plan forbade transfers however transfer lead school population outside guideline range create school fewer students black plan also established parent assistance centers help parents students navigate school selection assignment process pledged use resources order encourage schools achieve enrollment equivalent average enrollment school respective elementary middle high school level plan continued use magnet schools several parents brought lawsuit federal attacking plan use racial guidelines one district magnet schools asked dissolve desegregation order hold use magnet school racial guidelines unconstitutional board opposed dissolution arguing old dual system left demographic imbalance prevent ed dissolution reviewing present plan district dissolved order wrote overwhelming evidence board good faith compliance desegregation decree underlying purposes added louisville school board treated ideal integrated system much legal obligation consider positive desirable policy essential element public school education also found magnet programs available high school question available high schools school district consequently held unconstitutional use targets govern admission magnet schools ordered board control access scarce programs use racial targets current lawsuit present subsequent district dissolution desegregation order board simply continued implement plan modified reflect magnet school determination petitioner us crystal meredith brought lawsuit challenging plan unmodified portions portions dealt ordinary magnet schools district appeals sixth circuit rejected meredith challenge held unmodified aspects plan constitutional histories set forth describe extensive ongoing efforts two school districts bring greater racial integration public schools cases efforts part remedial louisville began integration efforts earnest federal entered school desegregation order seattle undertook integration efforts response filing federal lawsuit result settlement segregation complaint filed federal ocr plans louisville seattle grow earlier remedial efforts districts faced problems reflected initial periods severe racial segregation followed remedial efforts busing followed evidence resegregation followed need end busing encourage return suburban students increased student choice formulating plans review districts drew upon considerable experience earlier plans revised policies periodically light experience districts rethought methods time explored wide range means including policies districts also considered elaborate studies consulted widely within communities districts sought greater racial integration educational democratic well remedial reasons sought achieve objectives preserving commitment educational goals districtwide commitment high quality public schools increased pupil assignment neighborhood schools diminished use busing greater student choice reduced risk white flight forth consequently present plans expand student choice limit burdens including busing earlier plans imposed upon students families use criteria limited gradually diminishing ways particular use criteria mark outer bounds broad ranges histories also make clear futility looking simply whether earlier school segregation de jure de facto order draw firm lines separating constitutionally permissible constitutionally forbidden use criteria justice thomas suggests easy identify de jure segregation cases either state constitutional amendment state statute local ordinance local administrative policy explicitly requiring separation races ante concurring opinion precedent recognized de jure discrimination present even absence racially explicit laws see yick wo hopkins one disputes louisville segregation de jure seattle de facto de jure mixture opinions differed prior federal adjudicated matter make difference seattle free remand say schools de jure segregated memo school board admitted plurality seem confident answer compare ante opinion seattle public schools never shown ever segregated law emphasis added ante plurality opinion assuming seattle school district never segregated law seeming concede school district de jure segregation need subject order allowed engage remedial measures finding de jure segregation crucial variable number school districts south government private plaintiffs challenged segregated law voluntarily desegregated schools without order seattle see coleman desegregation public schools kentucky second year decision negro educ kentucky school districts began desegregation without orders branton little rock revisited desegregation resegregation negro educ similar arkansas bullock rodgers coercion compliance southern school districts school desegregation guidelines politics similar georgia mcdaniel barresi clarke county georgia see also letter robert kennedy attorney general john kennedy president hereinafter kennedy report available http internet materials visited june available clerk case file reporting successful efforts government induce voluntary desegregation moreover louisville history makes clear community order desegregate might submit remedial plan dissolved order every intention following plan even dissolution plan lawful day dissolution become unlawful next day legal ground majority rest contrary view see ante courts really treat merely de facto segregated school districts avoided federal order voluntarily complying brown requirements see previously done opposite permitting remedy without kind decree see mcdaniel supra constitution emphatically forbid use measures districts south voluntarily desegregated schools basis plurality claim law forbids seattle see ante histories also indicate complexity tasks practical difficulties local school boards face seek achieve greater racial integration boards work communities demographic patterns change must meet traditional learning goals must attract retain effective teachers take account parents views maintain commitment public school education must adapt intervention must encourage voluntary student parent action find good faith knowledge understanding local circumstances always necessary often insufficient solve problems hand facts circumstances help explain context means law often leaves legislatures city councils school boards voters broad range choice thereby giving different communities opportunity try different solutions common problems gravitate toward prove successful seem best suit individual needs comfort lynn school boudin concurring citing lopez kennedy concurring cert denied factual background mind turn legal question constitution prohibit school boards using criteria limited ways issue ii legal standard longstanding unbroken line legal authority tells us equal protection clause permits local school boards use criteria achieve positive goals even constitution compel importance shall repeat said matter swann chief justice burger behalf unanimous case exceptional importance wrote school authorities traditionally charged broad power formulate implement educational policy might well conclude example order prepare students live pluralistic society school prescribed ratio negro white students reflecting proportion district whole educational policy within broad discretionary powers school authorities statement technical holding case set forth swann basic principle constitutional law principle law found wide acceptance legal culture dickerson internal quotation marks omitted mitchell scalia dissenting citing acceptance legal adequate reason overrule prior cases thus north carolina bd ed swann citing swann restated point chool authorities said wide discretion formulating school policy matter educational policy school authorities may well conclude kind racial balance schools desirable quite apart constitutional requirements rehnquist echoed view bustop los angeles bd opinion chambers making clear believed swann statement reflected settled law gravest doubts state required constitution take desegregation action taken case little doubt permitted constitution take action emphasis original statements nowhere suggest freedom limited school districts desegregation measures also effect indeed mcdaniel case decided day swann group parents challenged student assignment plan clarke county school board voluntarily adopted remedy without order though federal agency pressure pressure seattle also encountered plan required elementary school district maintain enrollment students corresponding racial composition district see barresi browne upheld plan see mcdaniel rejecting parents argument person may included excluded solely negro white brief respondents mcdaniel federal authorities claimed naacp ocr seattle clarke county schools segregated law fact plurality claim seattle never segregated law simply accurate compare ante supra plurality validly claim ever found seattle schools segregated law also true clarke county schools mcdaniel unless believe constitution enforces one legal standard south another north grant seattle permission granted clarke county georgia see mcdaniel teps almost invariably require students assigned race approach freeze status quo target desegregation also held school districts may required federal statute undertake desegregation efforts even likelihood de jure segregation shown board ed city school dist new york harris concluded federal statute required school districts receiving certain federal funds remedy faculty segregation even though view racial disparities affected schools purely de facto actionable equal protection clause even dissenters thought remedial program posed constitutional problem see opinion stewart see also crawford board ed los angeles tate courts california continue obligation state law order segregated school districts use voluntary desegregation techniques whether finding intentional segregation chool districts retain obligation take reasonably feasible steps desegregate remain free adopt reassignment busing plans effectuate desegregation emphasis added school comm boston board education per curiam dismissing want federal question challenge voluntary statewide integration plan using express racial criteria lower state federal courts considered matter settled uncontroversial even decided swann indeed illinois rejected equal protection challenge state law seeking undo de facto segregation support claim defendants heavily rely three federal cases held state law involved local school board affirmative constitutional duty act alleviate racial imbalance schools cause however question whether constitution requires local school board state act undo de facto school segregation simply concerned issue whether constitution permits rather prohibits voluntary state action aimed toward reducing eventually eliminating de facto school segregation state laws administrative policies directed toward reduction eventual elimination de facto segregation children schools racial imbalance approved every high state considered issue similarly federal courts considered issue recognized voluntary programs local school authorities designed alleviate de facto segregation racial imbalance schools constitutionally forbidden tometz board waukegan school dist citations omitted citing decisions high courts pennsylvania massachusetts new jersey california new york connecticut courts appeals first second fourth sixth circuits see also offerman nitkowski deal cincinnati bd cert denied springfield school comm barksdale pennsylvania human relations chester school booker board ed plainfield union jackson pasadena city school cal bank quote illinois length illustrate prevailing legal assumption time swann decided respect swann sharp unexpected departure prior rulings reflected consensus already emerged among state lower federal courts doubts swann decided survive decision numerous state federal courts explicitly relied upon swann guidance decades follow instance texas appeals rejected fourteenth amendment challenge voluntary integration plan explaining absence order desegregate mean school board exceed minimum requirements order promote school integration school authorities traditionally given broad discretionary powers formulate implement educational policy may properly decide ensure students value integrated school experience citizens better ed goose creek consol independent school app tex citing swann north carolina bd ed appeal dism want substantial federal question similarly zaslawsky bd ed los angeles city unified school ninth circuit rejected federal constitutional challenge school district use mandatory faculty transfers ensure school faculty makeup fall within districtwide racial composition like texas ninth circuit relied upon swann north carolina bd ed reject argument plan permissible judicial finding de jure segregation see also darville dade county school state ex rel citizens mandatory bussing brooks en banc overruled grounds cole webster en banc school comm springfield board mass decisions illustrate well lower courts understood followed swann enunciation relevant legal principle courts alone accepting constitutionally valid legal principle swann enunciated government may voluntarily adopt measures improve conditions race even constitutional obligation principle accepted every branch government rooted history equal protection clause thus congress enacted numerous statutes illustrate principle rely upon validity see child left behind act et seq authorizing aid minority institutions fact without exhaustive counted federal statutes use racial classifications counted well state statutes similarly employ racial classifications presidential administrations past used supported various measures see exec order fed reg president kennedy exec order fed reg president johnson sugrue breaking troubled origins affirmative action workplace colorlines affirmative action immigration civil rights options america skretny ed describing president nixon lobbying affirmative action plans philadelphia plan white affirmative action alamo gerald ford returns fight michigan time reporting president ford support affirmative action schuck affirmative action past present future yale rev describing president carter support affirmation action time hundreds local school districts adopted student assignment plans use criteria see welch swann legal statement find broad acceptance surprising swann predicated upon legal view fourteenth amendment view understands basic objective wrote equal protection clause forbidding practices lead racial exclusion amendment sought bring american society full members nation previously held slavery see cases wall one fail impressed one pervading purpose found reconstruction amendments mean freedom slave race strauder west virginia fourteenth amendment one series constitutional provisions common purpose namely securing race recently emancipated civil rights superior race enjoy reason believe drafted amendment basic purpose mind understood legal practical difference use criteria defiance purpose namely keep races apart use criteria purpose namely bring races together see generally sears utopian experiment kentucky integration social equality berea describing federal funding freedman bureau school integration programs see also fischer segregation struggle louisiana describing use remedies harlan desegregation new orleans public schools reconstruction hist rev vaughn schools blacks public education south pp although constitution almost always forbids former significantly lenient respect latter see gratz bollinger ginsburg dissenting adarand constructors pe stevens dissenting sometimes members disagreed degree leniency clause affords programs designed include see wygant jackson board education fullilove klutznick find case followed justice thomas colorblind approach found case otherwise repudiated constitutional asymmetry seeks exclude seeks include members minority races plurality say response first seeks distinguish swann similar cases ground cases involved remedial plans response judicial findings de jure segregation mcdaniel harris show historically untrue see supra many school districts south adopted segregation remedies swann clearly applies without federal order see supra see also kennedy report seattle circumstances meaningfully different say mcdaniel approved remedies louisville plan created initially adopted compulsory district order place event histories seattle louisville make clear distinction voluntary desegregation seeks line sensibly drawn second plurality downplays importance swann related cases frequently describing relevant statements dicta criticisms however miss main point swann hide understanding law corner obscure opinion unread experts set forth view prominently important opinion joined nine justices knowing read followed throughout nation basic problem plurality technical dicta response lies overly theoretical approach case law approach emphasizes rigid distinctions holdings dicta way serves mask radical nature today decision law exercise mathematical logic statements legal rule set forth judicial opinion always divide neatly holdings dicta consider legal status justice powell separate opinion regents univ cal bakke constitutional principle enunciated swann reiterated subsequent cases relied upon many years provides widely thought provide authoritative legal guidance plurality chooses reject principle adequately justify retreat simply affixing label dicta reasoning disagrees rather must explain courts nation abandon guidance set forth many years guidance countless others built upon time law continuously embodied third important response plurality claim later cases particular johnson adarand grutter supplanted swann see ante citing adarand supra johnson california grutter bollinger plurality says cases swann others described decided definitively determined racial classifications must analyzed reviewing strict scrutiny ante quoting adarand adarand added classifications constitutional narrowly tailored measures compelling governmental interests ibid repeated statement grutter see several cases significantly restrictive swann respect degree leniency fourteenth amendment grants programs designed include people races see adarand supra gratz supra grutter supra legal circumstance make critical difference two separate reasons first case adarand gratz grutter ever held test strict scrutiny means racial classifications matter whether seek include exclude must practice treated say adarand johnson grutter overturning swann central constitutional principle indeed recent opinions recognized fundamental purpose strict scrutiny review take relevant differences fundamentally different situations account adarand supra internal quotation marks omitted made clear trict scrutiny trea dissimilar decisions though equally objectionable ibid added fact law treats person unequally race says nothing ultimate validity particular law internal quotation marks omitted using phrase justice marshall used describe strict scrutiny application exclusionary use racial criteria sought dispel notion strict scrutiny likely condemn inclusive uses criteria invalidate exclusionary uses circumstances theory fatal fact quoting fullilove klutznick marshall concurring judgment grutter elaborated strict scrutiny theory fatal fact although governmental uses race subject strict scrutiny invalidated context matters reviewing governmental action equal protection clause see gomillion lightfoot admonishing dealing claims broad provisions constitution derive content interpretive process inclusion exclusion imperative generalizations based qualified concrete situations gave rise must applied context disregard variant controlling facts every decision influenced race equally objectionable strict scrutiny designed provide framework carefully examining importance sincerity reasons advanced governmental decisionmaker use race particular context holding grutter demonstrates meant said upheld elite law school admissions program upshot cases plurality refers though applying strict scrutiny treat exclusive inclusive uses rather apply strict scrutiny test manner fatal fact racial classifications harmfully exclude apply test manner fatal fact racial classifications seek include plurality avoid simple fact see ante today opinion reveals plurality rewrite prior jurisprudence least practical application transforming strict scrutiny test rule fatal fact across board plurality parts company prior cases takes local government longstanding legal right use criteria inclusive purposes limited ways second grutter specified ontext matters reviewing governmental action equal protection clause citing gomillion lightfoot contexts differ dramatically one governmental use criteria arise context example census forms research expenditures diseases assignments police officers patrolling predominantly neighborhoods efforts desegregate racially segregated schools policies favor minorities distributing goods services short supply actions create electoral districts peremptory strikes remove potential jurors basis race others given significant differences among contexts surprising law required identically strict legal test evaluating constitutionality criteria context one school districts seek advance maintain racial integration primary secondary schools context swann makes clear history required special administrative remedies context school boards plans simply set limits outer boundaries broad range context context involves use race decide receive goods services normally distributed basis merit short supply one limits stigmatize exclude limits issue pit races otherwise significantly exacerbate racial tensions impose burdens unfairly upon members one race alone instead seek benefits members races alike context one racial limits seek keep races apart bring together importance differences clear one compares present circumstances cases one negative features present see strauder west virginia yick wo hopkins brown loving virginia regents univ cal bakke batson kentucky richmond croson shaw reno adarand constructors pe grutter supra gratz bollinger johnson california one examines context specifically one finds districts plans reflect efforts overcome history segregation embody results broad experience community consultation seek expand student choice reducing need mandatory busing use criteria highly limited ways diminish use race compared preceding integration efforts compare wessmann gittens boudin concurring comfort boudin concurring seek award scarce commodity basis merit magnet schools rather design practice offer substantially equivalent academic programs electives although parents children prefer schools others school popularity varied significantly years example roosevelt popular first choice high school seattle ballard popular west seattle one least popular one popular see research evaluation assessment student information services office district summaries available http word school plans review involve kind harm led contexts find use criteria unconstitutional related considerations convinced one ninth circuit judge seattle case apply standard constitutionality review less strict conclude precedents require contrary see kozinski concurring student denied school choice may disappointing carries racial stigma says nothing individual aptitude ability judge alone cf gratz supra ginsburg dissenting adarand supra stevens dissenting carter victims happen black yale view lenient standard strict scrutiny apply present context imply abandonment judicial efforts carefully determine need criteria criteria tailoring light need present context requires examine carefully program issue reviewing judge must fully aware potential dangers pitfalls justice thomas justice kennedy mention see ante thomas concurring ante opinion kennedy unlike plurality judge also aware legislature school administrators ultimately accountable electorate nonetheless properly conclude racial classification sometimes serves purpose important enough overcome risks mention example helping end racial isolation achieve diverse student body public schools cf ante opinion kennedy judge carefully examine program details determine whether use criteria proportionate important ends serves view contextual approach scrutiny altogether fitting believe law requires application standard review strict traditional sense word although require careful review described see gratz supra ginsburg joined souter dissenting adarand supra stevens joined ginsburg dissenting kozinski concurring apparently justice kennedy also agrees strict scrutiny apply respect certain school board policies see ante executive legislative branches generations considered types policies procedures permitted employ candor confidence constitutional violation occur whenever decisionmaker considers impact given approach might students different races nonetheless light grutter precedents see bakke opinion powell shall adopt first alternative shall apply version strict scrutiny cases embody shall consequently ask whether school boards seattle louisville adopted plans serve compelling governmental interest whether plans narrowly tailored achieve interest plans survive strict review survive less exacting review fortiori hence conclude plans us pass parts strict scrutiny test consequently must conclude plans permitted constitution iii applying legal standard compelling interest principal interest advanced cases justify use criteria goes various names sometimes refers interest achieving racial diversity times like plurality refers interest racial balancing used general terms signify interest describing example interest promoting preserving greater racial integration public schools term mean school districts interest eliminating racial isolation increasing degree racial mixture characterizes district schools individual student public school experience regardless name however interest stake possesses three essential elements first historical remedial element interest setting right consequences prior conditions segregation refers back time public schools highly segregated often result legal administrative policies facilitated racial segregation public schools interest continuing combat remnants segregation caused whole part policies often affected schools also housing patterns employment practices economic conditions social attitudes interest maintaining gains roots preventing gradually may become de facto resegregation america public schools see part supra appendix infra see also ante opinion kennedy nation moral ethical obligation fulfill historic commitment creating integrated society ensures equal opportunity children second educational element interest overcoming adverse educational effects produced associated highly segregated schools cf grutter ginsburg concurring studies suggest children taken schools placed integrated settings often show positive academic gains see powell living learning linking housing education pursuit dream deferred linking housing education policy powell kearney kay eds hereinafter powell hallinan diversity effects student outcomes social science evidence ohio hereinafter hallinan studies reach different conclusions see armor forced justice see also ante thomas concurring evidence supporting educational interest racially integrated schools well established strong enough permit democratically elected school board reasonably determine interest compelling one research suggests example black children segregated educational environments significantly increase achievement levels placed integrated setting indeed louisville achievement gap black white elementary school students grew substantially smaller seven percentage points integration plan implemented see powell conversely take another example evidence district norfolk virginia shows resegregated schools led decline achievement test scores children races ibid one commentator reviewing dozens studies educational benefits desegregated schooling found studies provided remarkably consistent results showing black students educational achievement improved integrated schools compared racially isolated schools black students educational achievement improved integrated classes earlier black students removed racial isolation better educational outcomes see hallinan multiple studies also indicate black alumni integrated schools likely move occupations traditionally closed earn money fields see schofield review research school desegregation impact elementary secondary school students handbook research multicultural education banks banks eds cf bowen bok shape river hereinafter bowen bok third democratic element interest producing educational environment reflects pluralistic society children live swann interest helping children learn work play together children different racial backgrounds interest teaching children engage kind cooperation among americans races necessary make land three hundred million people one nation data support insight see hallinan quillian campbell beyond black white present future multiracial friendship segregation sociological rev hereinafter quillian campbell dawkins braddock continuing significance desegregation school racial composition african american inclusion american society negro ed hereinafter dawkins braddock wells crain perpetuation theory effects school desegregation rev educational research hereinafter wells crain studies offer contrary conclusions see schofield school desegregation intergroup relations review research education grant ed see also ante thomas concurring however evidence supporting democratic interest racially integrated schools firmly established sufficiently strong permit school board determine often found interest compelling example one study documented black white students desegregated schools less racially prejudiced segregated schools interracial contact desegregated schools leads increase interracial sociability friendship hallinan see also quillian campbell cf bowen bok studies found black white students attend integrated schools likely work desegregated companies graduation students attended racially isolated schools dawkins braddock wells crain research shown desegregation schools help bring adult communities together reducing segregated housing cities implemented successful school desegregation plans witnessed increased interracial contact neighborhoods tend become less racially segregated dawkins braddock effects reinforce prior gains integrated primary secondary education also foresee time less need use criteria moreover swann grutter treated civic effects important virtue racially diverse education see swann supra seattle school dist grutter context law school admissions found types interests constitutionally speaking compelling see recognizing michigan law school admissions policy promotes understanding helps break racial stereotypes enables students better understand persons different races pointing skills needed today increasingly global marketplace developed exposure widely diverse people cultures ideas viewpoints internal quotation marks omitted alteration original light conclusions grutter compelling nature interests context primary secondary public education follows fortiori primary secondary schools education nation children begins us begins absorb values carry us end days justice marshall said unless children begin learn together little hope people ever learn live together milliken bradley dissenting opinion brown focusing upon primary secondary schools sweatt painter focusing law schools mclaurin oklahoma state regents higher focusing graduate schools affected deeply americans world kluger simple justice history brown board education black america struggle equality arguing perhaps case affected directly minds hearts daily lives many americans patterson brown board education xxvii identifying brown eagerly awaited dramatic judicial decision modern times see also parents involved vii kozinski concurring strauss discriminatory intent taming brown chi rev calling brown greatest decision brief amicus curiae brown dudziak brown cold war case hist great decision hindustan times new dehli may usa takes positive step west african pilot lagos may stating brown acknowledgment set example nations taking lead removing national life signs traces racial intolerance arrogance discrimination hence surprised justice kennedy finds district may consider compelling interest achieve diverse student population including racially diverse population ante compelling interest issue includes effort eradicate remnants general societal discrimination ante plurality opinion primary secondary school segregation see supra includes effort create school environments provide better educational opportunities children includes effort help create citizens better prepared know understand work people races backgrounds thereby furthering kind democratic government constitution foresees educational interest combines three elements compelling majority acknowledges prior cases recognized least two interests compelling interest remedying effects past intentional discrimination interest diversity higher education ante plurality convincingly explain interests constitute compelling interest remedial interests differ kind issue voluntary desegregation efforts attorney general kennedy many years ago described letter president supra educational civic interests differ kind underlie justify racial diversity law school sought grutter found compelling interest plurality tries draw distinction reference conceptual difference de jure segregation segregation state action de facto segregation racial imbalance caused factors ante distinction concerns constitution requires school boards permits compare green school boards operating dual systems affirmative duty take whatever steps might necessary convert unitary system racial discrimination eliminated root branch milliken constitution impose duty desegregate upon districts shown committed constitutional violation opinions cited plurality justify reliance upon de facto distinction address remedial measures school district may constitutionally required undertake see freeman pitts permitted nothing equal protection law suggests state may right wrongs committed case ever relied upon de facto distinction order limit school district voluntarily allowed issue swann mcdaniel crawford north carolina bd harris bustop made one thing clear significant difference de jure de facto segregation may question school district must distinction germane question school district may precedent indicate plurality suggests respect louisville ante remedial interests vanish day federal declares district unitary course louisville adopted portions plan issue declared louisville unitary moreover freeman pointed one sense term vestiges past segregation state decree remain society schools past wrongs black race wrongs committed state name stubborn fact history stubborn facts history linger persist see also ante opinion kennedy understand cases rest significance unitary finding part upon wisdom desirability returning schools local control deprive local officials legal permission use means found necessary combat persisting injustices part justice thomas faults citation various studies supporting view school districts find compelling educational civic interests integrating public schools see ante concurring opinion entitled course opinion studies finds convincing although bears mention even author justice thomas preferred studies found evidence linking integrated learning environments increased academic achievement cf ante opinion thomas citing armor rossell desegregation resegregation public schools beyond color line thernstrom thernstrom eds brief armor et al amici curiae rosen perhaps affirmative action created equal times june quoting david armor commenting find racial achievement gap changing acknowledging find modest association math reading terms racial composition achievement big state emphasis added insist upon unanimity social science literature finding compelling interest might never find one believe constitution allows democratically elected school boards make minds best include people races one america narrow tailoring next ask whether plans us narrowly tailored achieve compelling objectives shall accept school board assurances faith cf miller johnson shall subject tailoring plans rigorous judicial review grutter kennedy dissenting several factors taken together nonetheless lead conclude boards use criteria plans passes even strictest tailoring test first criteria issue help set outer bounds broad ranges cf kennedy dissenting expressing concern narrow fluctuation band constitute one part plans depend primarily upon nonracial elements use race way set forbidden quota see properly understood program certain fixed number proportion opportunities exclusively certain minority quoting croson fact defining feature plans greater emphasis upon student choice seattle example cases choice alone determines high schools seattle ninth graders attend ninth grade students decide voluntarily transfer preferred district high school without consideration criteria choice therefore predominant factor plans race see grutter supra kennedy dissenting allowing consideration race become predominant factor indeed ranges issue cases often effect either particular school oversubscribed year question racial makeup school falls within broad range student transfer applicant sibling school respects broad ranges less like quota like kinds useful starting points consistently found permissible even set boundaries upon voluntary transfers even based upon community general population see north carolina bd ed swann absolute prohibition use mathematical ratios starting point swann approving use ratio reflecting racial composition whole school system useful starting point inflexible requirement cf montgomery county bd approving lower desegregation order provided school board must move toward goal school ratio white negro faculty members substantially throughout system immediately requiring ratio negro white teachers school equal ratio negro white teachers system whole second limits voluntary school choice plans less burdensome hence narrowly tailored see grutter supra restrictions previously approved see swann supra montgomery bd supra indeed plans us narrowly tailored admission plans approved grutter race becomes factor fraction students assignments large numbers students applications moreover effect applying criteria affects potentially disadvantaged students less severely severely criteria issue grutter disappointed students rejected state flagship graduate program simply attend different one district many public schools aspiration fact substantially equal cf wygant seattle disadvantaged student loses one year high school choice one search grutter vain similarly persuasive evidence narrow tailoring school districts presented third manner school boards developed plans reflects narrow tailoring plan devised overcome history segregated public schools plan embodies results local experience community consultation plan product process sought enhance student choice diminishing need mandatory busing plan use elements diminished compared use race preceding integration plans school boards widespread consultation experimentation numerous plans indeed history part sets forth make clear plans less explicitly unlikely achieve board compelling objectives history school system reveals highly segregated schools followed remedial plans involved forced busing followed efforts attract retain students use plans abandoned busing replaced greater student choice cities tried achieve integrated schools relying solely upon measures redrawn district boundaries new school building construction unrestricted voluntary transfers neither city prior attempts prove sufficient achieve city integration goals see parts supra moreover giving degree weight local school board knowledge expertise concerns particular matters inconsistent rigorous judicial scrutiny simply recognizes judges well suited act school administrators indeed context school desegregation repeatedly stressed importance acknowledging local school boards better understand communities better knowledge practice best meet educational needs pupils see milliken single tradition public education deeply rooted local control operation schools local autonomy long thought essential maintenance community concern support public schools quality educational process see also san antonio independent school dist rodriguez extolling local control opportunity offers participation decisionmaking process determines local tax dollars spent locality free tailor local programs local needs pluralism also affords opportunity experimentation innovation healthy competition educational excellence epperson arkansas judicial interposition operation public school system nation raises problems requiring care restraint large public education nation committed control state local authorities brown board education brown ii full implementation constitutional principles may require solution varied local school problems school authorities primary responsibility elucidating assessing solving problems courts consider whether action school authorities constitutes good faith implementation governing constitutional principles experience seattle louisville consistent experience elsewhere commission civil rights studied large school districts seeking integration reported districts fact adopted desegregation policies combined two highly strategies example rezoning pairing see welch looked dozens amicus briefs public reports news stories records many prior cases together span years desegregation history school districts across nation discovered many examples districts sought integration explicitly methods including mandatory busing yet found example model permit say seattle louisville instance desegregation plan likely achieve objectives also makes less use criteria plans plurality suggest model seeks impose narrow tailoring requirement practice never met indeed plan plans purely imagined understandable plurality notes ante seattle school officials concentrated diminishing racial component districts plan pursue eliminating element entirely plurality insist ante school districts said officially either ask superfluous need make explicit implicit demand impossible must somehow provide proof hypothetical plan work well aware case read narrow tailoring test impose requirement cf people care rockford bd ed school dist easterbrook necessary adjudicate obvious adopting permitting parties agree remedy plurality also points school districts use numerical goals based upon racial breakdown general school population faults districts failing prove set numbers work see ante plurality refers case support demand likely find case many cases explicitly permitted districts use target ratios based upon district underlying population see swann north carolina bd montgomery county bd reason obvious seattle overall student population white permitting white enrollment single school make much likely schools white students whereas jefferson county white enrollment one school white students less likely skew enrollments elsewhere moreover evidence supporting example ratio greater minority louisville starting point close feasible seattle starting point helpful limiting risk white flight see orfield metropolitan school desegregation impacts metropolitan society pursuit dream deferred linking housing education policy federal law also assumes similar target percentage help avoid detrimental minority group isolation see child left behind act title part stat et seq supp iv cfr implementing regulations numbers boards use starting point spend days weeks months seeking independently validate use ratios repeatedly authorized prior cases draw numbers thin air districts followed holdings advice tailoring plans strongly supports lawfulness methods school districts accomplished desired aims avoiding forced busing countering white flight maintaining racial diversity means nothing extensive history desegregation efforts past years gives districts reason believe another method possible accomplish goals nevertheless justice kennedy suggests school boards may pursue goal bringing together students diverse backgrounds races means including strategic site selection new schools drawing attendance zones general recognition demographics neighborhoods allocating resources special programs recruiting students faculty targeted fashion tracking enrollments performance statistics race ante strategic site selection seattle built one new high school last years specialized school serves students fact six seattle high schools involved case built four open early see generally thompson marr building learning seattle public schools histories drawing neighborhood attendance zones racial basis louisville tried worked forced busing also part plan see supra allocating resources special programs seattle louisville experimented indeed programs often referred magnet schools limited desegregation effect efforts extends schools additional resources granted addition evidence experience school districts make meaningful impact see brief respondents recruiting faculty basis race cities tried one part broader program tracking enrollments performance statistics race tracking reveals problem cure justice kennedy sets forth two additional concerns related narrow tailoring respect louisville says first officials stated kindergarten assignments subject guidelines child issue denied permission attend kindergarten wanted guidelines explains true adds confusion illustrates louisville assignment plan explanation insufficiently precise respect makes decisions oversight precise circumstances assignment decision made two similarly situated children subjected given decision ante record suggests however child question assigned school preferred missed kindergarten application deadline see app enrolled academic year begun applied transfer preferred school kindergarten assignment deadline passed possibly causing school officials treat late request application transfer first grade respect guidelines apply certain remainder justice kennedy concerns affect lawfulness louisville program seem failures explanation administration louisville able answer relevant questions remand justice kennedy second concern directly related merits seattle plan seattle plan group together treating similar minorities ante majority suggests seattle classification system permit school labeled diverse white student body students hispanic students students ethnicity ante ante opinion hypothetical support record conjured imagination fact seattle apparently began treat different minority groups alike response federal emergency school aid act requirement siqueland see also hanawalt pub tit vi prescribing percentage enrollment requirements minority students siqueland discussing hew definition minority moreover maintaining federally mandated system classification makes sense insofar seattle experience indicates relevant circumstances respect different minority groups roughly similar terms residential patterns call roughly similar responses confirmed fact seattle able achieve desirable degree diversity without greater emphasis race drawing fine lines among minority groups require plurality view equal protection clause mean courts must give weight board determination insist upon especially strong evidence supporting inclusion multiple minority groups otherwise lawful government program interpretation threatens produce divisiveness among minority groups incompatible basic objectives fourteenth amendment regardless plurality object constitutional defect individualized use race simultaneously object enough account individuals race taken finally recognize seeks distinguish grutter cases claiming grutter arose context higher education ante meaningful legal distinction explained believe constitution possibly find compelling provision racially diverse education law student high school pupil see supra explained plans us narrowly tailored grutter see supra add one find relevant distinction fact school districts examine merits applications individual ly see ante context involve admission merit child academic artistic athletic merits relevant child placement affirmative action plans hence individualized scrutiny simply beside point upshot plans specific features limited use race strong reliance upon elements history manner districts developed modified approach comparison prior plans lack reasonably evident alternatives together show districts plans narrowly tailored achieve compelling goals sum districts plans satisfy strict scrutiny therefore lawful iv direct precedent two additional precedents directly related plans issue reinforce conclusion first consists district determination louisville case dissolved desegregation order overwhelming evidence board good faith compliance desegregation decree underlying purposes indeed board treated ideal integrated system much legal obligation consider positive desirable policy essential element public school education hampton ii supp made determination context louisville desegregation plan board adopted plan took effect plan relevant respects effect subject present challenge one claims relevant portion louisville plan unlawful louisville adopted contrary every reason believe represented part effort implement desegregation order plan lawful first adopted lawful day district dissolved order plurality suggest became unlawful following day conceivable constitution implemented desegregation order permit perhaps require district make use plan day order dissolved forbid district use identical plan day see analysis dissolving desegregation decrees supports continued maintenance desegregated system compelling state interest equal protection clause incoherent federal courts rightly hesitate find unitary status consequences ruling dramatically disruptive second seattle school dist directly point case involves original seattle plan heavily predecessor plan us seattle school dist struck state referendum effectively barred implementation seattle desegregation plan burden ed future attempts integrate washington schools districts throughout state referendum prohibited adoption plan involved mandatory busing imposed special burden school integration plans plans sought integrate previously segregated schools found unconstitutional reaching conclusion directly address constitutional merits underlying seattle plan explicitly cited swann statement constitution permitted local district adopt plan also cited justice powell opinion bakke approving limited use criteria affirmative action case addition stated ttending ethnically diverse school help prepare minority children citizenship pluralistic society hopefully teaching members racial majority live harmony mutual respect children minority heritage ibid internal quotation marks citation omitted difficult believe held unconstitutional referendum interfered implementation plan thought integration plan sought preserve unconstitutional plan seattle school dist premised upon constitutionality original seattle plan equally premised upon constitutionality present plan present plan seattle plan modified insofar places even less emphasis elements predecessors even difficult accept plurality contrary view namely underlying plan unconstitutional seattle earlier even plans must also unconstitutional necessary implication plurality position strikes chime clock plurality adopt constitutional standard hold unconstitutional large numbers integration plans adopted numerous school boards past years remaining true desegregation precedent consequences founders meant constitution practical document transmit basic values future generations principles remained workable time hence important consider potential consequences plurality approach measured constitution objectives provides reason believe plurality approach legally unsound one thing consider effect plurality views parties us similar school districts throughout nation louisville similar school districts return systems like louisville initial plan consider race see supra initial plan proved ineffective sixteen years plan middle high schools remained almost totally white almost totally black ibid districts past current plans unique resemble plans promulgated hundreds local school boards attempted variety desegregation methods evolved time light experience civil rights commission study school districts nation demonstrated breadth variety desegregation plans study documents almost desegregation plans implemented degree heterogeneity within districts immediately apparent located every region country range size las cruces new mexico barely students attending schools new york city one million students schools sample includes districts urban areas sizes suburbs arlington county virginia rural areas jefferson parish louisiana raleigh county west virginia contains countywide districts central cities florida districts fit description plus clark county nevada others small number consolidated districts new castle county delaware jefferson county kentucky districts also vary racial compositions levels segregation initial plans implemented mobile alabama mecklenburg county north carolina number southern districts face total racial segregation extreme santa clara california relatively even racial distribution prior desegregation plan plan designed harford county maryland district percent white compton california hand became percent black buffalo new york virtual split white minority students prior plan surprising find large number different desegregation strategies sample much variation welch footnotes omitted majority desegregation techniques explicitly considered student race see transfer plans example allowed students shift school racial majority school racial minority districts richmond california buffalo new york permitted transfers black students attending predominantly black schools permitted transfer designated receiver schools studied districts used transfers component plans state level puerto rico adopted policies encourage require local school districts enact interdistrict intradistrict open choice plans eight condition approval transfers another school district whether transfer produce increased racial integration eleven require local boards deny transfers compliance local school board desegregation plans see education commission open enrollment report online http arkansas example provides statute student may transfer nonresident district percentage enrollment student race exceeds percentage student resident district ark code ann amended ark acts ohio statute provides respect student choice school district must establish rocedures ensure appropriate racial balance maintained district schools ohio rev code ann iii lexis supp ohio adds district may object enrollment native student adjacent district order maintain appropriate racial balance connecticut statute student choice program seek preserve racial ethnic balance stat connecticut law requires school district submit racial group population figures state board education another connecticut regulation provides ny school proportion school falls outside range percentage points less percentage points comparable proportion school district shall determined racially imbalanced conn agencies regs racial imbalance determination requires district submit plan correct racial imbalance plan may include mandatory pupil reassignment interpreting state constitution connecticut held legally inadequate reliance local school district solely upon techniques justice kennedy today recommends reallocating resources see sheff state wrote despite initiatives undertaken defendants alleviate severe racial ethnic disparities among school districts despite fact defendants intend create maintain disparities disparities continue burden education plaintiffs infringe upon fundamental state constitutional right substantially equal educational opportunity minimum plurality views threaten surge litigation hundreds state federal statutes regulations use racial classifications educational purposes see supra many instances contentious force legal challenges classifications meritorious displace earlier calm wide variety different integration plans school districts use throughout nation suggests problem racial segregation schools including de facto segregation difficult solve fact many plans used explicitly racial criteria suggests criteria important sometimes necessary role play fact controlling opinion make school district use criteria often unlawful plurality colorblind view make use always unlawful suggests today opinion require setting aside laws several many local communities pointed supra de facto resegregation rise see appendix infra reasonable conclude resegregation create serious educational social civic problems see supra given conditions school boards work set policy see supra may need means presently disposal combat problems yet plurality deprive least one tool districts consider vital limited use broad student population ranges use words may need deliberately plurality least follow justice thomas approach see ante thomas concurring grutter thomas concurring part dissenting part may feel confident end invidious discrimination one must end governmental use criteria including inclusive objectives see ante plurality opinion see also ante thomas concurring way contrast claim know best stop harmful discrimination best create society includes americans best overcome serious problems increasing de facto segregation troubled inner city schooling poverty correlated race judge know constitution authorize judges dictate solutions problems rather constitution creates democratic political system people must together find answers debate best educate nation children best administer america schools achieve aim leave work decide quote plurality slogan whether best way stop discrimination basis race stop discriminating basis race ante see also parents involved vii bea dissenting way end racial discrimination stop discriminating race equal protection clause outlaws invidious discrimination similarly forbid use criteria today understood constitution affording people acting elected representatives freedom select use criteria among available options see adarand constructors trict scrutiny context theory fatal quoting fullilove marshall concurring judgment today however restricts members eliminate leeway fear consequences law schools democratic process america efforts create diversity one nation vi conclusions show school assignment plans meet requirements constitution written exceptional length length necessary refer history plans cases justify use criteria without describing history full rely upon swann statement use limits permissible without showing rather simply asserting statement represents constitutional principle firmly rooted federal state law explain disagreement holding plurality opinion without offering detailed account arguments propound consequences risk thus opinion reasoning long conclusion short plans us satisfy requirements equal protection clause plurality opinion dissent fails ground result reach law ante four basic considerations led view first histories louisville seattle reveal complex circumstances long tradition conscientious efforts local school boards resist racial segregation public schools segregation time brown gave way expansive remedies included busing turn gave rise fears white flight resegregation decades school boards considered adopted revised assignment plans sought rely less upon race emphasize greater student choice improve conditions schools students matter color skin matter happen reside plans review less burdensome egalitarian effective prior plans continue tradition history reveals school district goals whose remedial educational democratic elements inextricably intertwined others see part supra second since decision brown law consistently unequivocally approved voluntary compulsory measures combat segregated schools equal protection clause ratified following civil war always distinguished practice state action excludes thereby subordinates racial minorities state action seeks bring together people races swann grutter decisions emphasized distinction recognizing fate race relations country depends upon unity among children unless children begin learn together little hope people ever learn live together milliken marshall dissenting see also sumner equality law unconstitutionality separate colored schools massachusetts works charles sumner law contemplates taught shall taught together see part ii supra third plans us subjected rigorous judicial review supported compelling state interests narrowly tailored accomplish goals diversity higher education deemed compelling grutter diversity public primary secondary schools even gain must fortiori compelling state interest even apart grutter five members agree avoiding racial isolation achiev ing diverse student population remain today compelling interests ante opinion kennedy interests combine remedial educational democratic objectives reasons discussed however disagree justice kennedy seattle louisville done enough demonstrate present plans necessary continue upon path set brown plans narrowly tailored law school admissions criteria issue grutter hence lawfulness follows fortiori prior decisions see parts supra fourth plurality approach risks serious harm law nation view law rests either upon denial distinction exclusionary inclusive use criteria context equal protection clause upon rigid application test distinction loses practical significance consequently decision today slows sets back work local school boards bring racially diverse schools see part supra indeed consequences approach takes today serious yesterday plans review lawful today yesterday citizens nation look guidance unanimous pronouncements concerning desegregation today yesterday school boards available full range means combat segregated schools today decision undermines basic institutional principles well happened stare decisis history plans us educational importance highly limited use race make clear compelling interest stronger grutter plans narrowly tailored law school admissions program issue hence applying grutter strict test lawfulness follows fortiori hold contrary transform test strict fatal fact opposite grutter said happened swann mcdaniel crawford harris school committee boston seattle school dist decades vibrant life plurality logic written law respect democratic local decisionmaking school boards several decades rested public school decisions upon swann basic view constitution grants local school districts significant degree leeway inclusive use criteria issue localities cope difficult problems face including resegregation deprived one means may find necessary law concern diminish peacefully settle conflict among nation people instead accommodating different visions country constitution today holding upsets settled expectations creates legal uncertainty threatens produce considerable litigation aggravating conflict long history moral vision fourteenth amendment embodies plurality cites support argued brown segregation justice thomas likens approach taken segregation defenders see ante plurality opinion comparing jim crow segregation seattle louisville integration polices ante thomas concurring segregation policies simply tell schoolchildren go school based color skin ante plurality opinion perpetuated caste system rooted institutions slavery years legalized subordination lesson history see ante plurality opinion efforts continue racial segregation constitutionally indistinguishable efforts achieve racial integration indeed cruel distortion history compare topeka kansas louisville seattle modern day equate plight linda brown ordered attend jim crow school circumstances joshua mcdonald whose request transfer school closer home initially declined deny cost applying racial label ante kennedy concurring part concurring judgment cost approach degree kind terrible harms slavery resulting caste system years legal racial segregation finally hope promise brown much nation history races remained divided long ago people different races drank separate fountains rode separate buses studied separate schools finest hour brown board education challenged history helped change brown held promise promise embodied three amendments designed make citizens slaves promise true racial equality matter fine words paper matter everyday life nation cities schools nature democracy must work americans sought one law one nation one people simply matter legal principle terms actually live everyone welcomed decision brown three years decision handed governor arkansas ordered state militia block doors white schoolhouse black children enter president dispatched airborne division little rock arkansas federal troops needed enforce desegregation decree see cooper aaron today almost years later attitudes toward race nation changed dramatically many parents white black alike want children attend schools children different races indeed school districts spurned integration strive long history efforts reveals complexities difficulties faced light challenges asked us take hands instruments used rid schools racial segregation instruments believe needed overcome problems cities divided race poverty plurality decline modest request plurality wrong last witnessed great strides toward racial equality yet realized promise brown invalidate plans review threaten promise brown plurality position fear break promise decision nation come regret must dissent appendixes opinion breyer resegregation trends percentage black students percent nonwhite majority nonwhite public schools region fall enrollment region percentage nonwhite schools northeast border south midwest west percentage nonwhite schools northeast border south midwest west source clotfelter brown rise retreat school desegregation table changes percentage white students schools attended average black student state includes greater enrollment black students white white students school average black student change alabama arkansas california connecticut delaware florida georgia illinois indiana kansas kentucky louisiana maryland massachusetts michigan mississippi missouri nebraska new jersey new york nevada carolina ohio oklahoma pennsylvania carolina tennessee texas virginia wisconsin source orfield lee racial transformation changing nature segregation table civil rights project online http percentage white students schools attended average black student source modified frankenberg lee orfield multiracial society segregated schools losing dream fig online http research frankenberg lee orfield using dept education national center education statistics common core data percentage students minority schools race graphic omitted see printed opinion source fig sources parts part seattle section segregation schmid mcvey growth distribution minority races seattle washington hanawalt williams history desegregation seattle public schools pp hereinafter hanawalt taylor civil rights movement american west black protest seattle negro hist siqueland without order desegregation seattle schools hereinafter siqueland pieroth desegregating public schools seattle washington dissertation draft hereinafter pieroth section preliminary challenges pieroth hanawalt hanawalt section naacp first legal challenge seattle response complaint adams forbes bottomly civ wd pp planning evaluation seattle public schools plan adopted seattle school board desegregate fifth sixth seventh eighth grade pupils garfield lincoln roosevelt high school districts september pp file university washington library see generally siqueland hanawalt siqueland section naacp second legal challenge administrative complaint seattle branch naacp seattle school dist pp ocr apr ocr complaint filed exhibit seattle school dist see generally siqueland memorandum agreement seattle school district king washington ocr june filed exh kiner affidavit seattle school dist supra section seattle plan mandatory busing see generally seattle school dist supra seattle public schools desegregation planning office proposed alternative desegregation plans options eliminating racial imbalance school year filed exh roe affidavit seattle school dist supra hanawalt siqueland table hanawalt seattle school dist supra complaint motion dismiss affirm seattle school dist supra seattle school dist supra hanawalt see generally seattle school dist supra section student choice kohn priority shift fate mandatory busing school desegregation seattle nation mar section current plan present app brief respondents pp en banc parents involved vii app research evaluation assessment student information services office seattle public schools data profile districtsummary december online http brief respondents app school board report school choices assignments school year apr online http parents involved community schools seattle school supp en banc parents involved vii part louisville section lawsuit hampton jefferson bd supp nn wd hampton section guidelines busing hampton supra newburg area council board ed jefferson vacated remanded reinstated modifications per curiam judgment findings fact conclusions law newburg area council board jefferson nos wd july judgment findings attachment memorandum opinion order haycraft board ed jefferson nos wd june pp memo order memorandum opinion order haycraft board ed jefferson nos wd memorandum donald ingwerson superintendent board education jefferson cty public school pp apr memorandum memorandum donald ingwerson superintendent board education jefferson county public school district pp memorandum section student choice project renaissance memorandum stipulated exh brief respondents memorandum memorandum stephen daeschner superintendent board education jefferson cty public school memorandum section current plan project renaissance modified memorandum brief respondents memorandum attachment hampton supra memorandum hampton supra hampton jefferson cty bd supp wd hampton ii section current lawsuit present mcfarland jefferson cty public schools supp wd mcfarland jefferson cty public schools memorandum stephen daeschner superintendent board education jefferson cty public school apr footnotes together meredith custodial parent next friend mcdonald jefferson county bd ed et certiorari appeals sixth circuit footnotes plan effect three school years litigation commenced july record district closed assignments school year made see brief respondents rely lower courts largely data school year evaluating plan see en banc parents involved vii racial breakdown nonwhite group approximately percent percent percent latino percent see parents involved vi graber dissenting school year deviation permitted desired racial composition increased percent app bulk data record collected using percent band see supra state shall deny person within jurisdiction equal protection laws amdt person shall ground race denied benefits subjected discrimination program activity receiving federal financial assistance stat state shall discriminate grant preferential treatment individual group basis race sex color ethnicity national origin operation public employment public education public contracting rev code middle high school students designated single resides school assigned school unless extremes racial guidelines students may also apply magnet school program high school level take advantage open enrollment plan allows students apply admission nonmagnet high school app pp clear racial guidelines even applied joshua transfer application guidelines supposedly apply kindergarten level neither party disputes however joshua transfer application denied racial guidelines meredith objection guidelines misapplied rather race used meredith joined pending lawsuit filed several plaintiffs see plaintiffs challenged assignments certain specialized schools district found assignments longer issue case unconstitutional mcfarland supp wd districts point dicta prior opinion suggested constitutionally mandated constitutionally permissible school district seek racially balanced schools matter educational policy see swann bd districts also quote approval opinion rehnquist made suggestion effect see bustop los angeles bd citations carry significance districts ascribe swann evaluating school district engaged desegregation occasion consider whether district voluntary adoption assignments absence finding prior de jure segregation constitutionally permissible issue expressly reserved washington seattle school dist bustop addressing context emergency injunction application busing plan imposed superior los angeles county similarly unavailing rehnquist denying emergency relief stressed equitable consideration counseled preliminary relief propriety preliminary relief resolution merits course significantly different issues university texas camenisch way seattle classifies students bears upon enrolling child district parents required identify child member particular racial group parent identifies one race form application accepted necessary enrollment service person taking application indicate one box app jefferson county also argues incongruous hold constitutionally required one day assignments pursuant desegregation decree constitutionally prohibited next constitutionally required district prior elimination vestiges prior segregation racial proportionality right see freeman pitts vestiges eliminated jefferson county footing school district use race must justified grounds data seattle schools several years since litigation commenced demonstrate minimal role racial tiebreaker fact played ballard class school subject racial tiebreaker student body percent percent percent latino percent caucasian percent reply brief petitioner racial tiebreaker last used ballard total enrollment percent percent percent latino percent caucasian percent app franklin percent percent percent latino percent caucasian percent reply brief petitioner racial tiebreaker total enrollment percent percent percent latino percent caucasian percent app nathan hale enrollment percent percent percent latino percent caucasian percent reply brief petitioner racial tiebreaker percent percent percent latino percent caucasian percent app contrast seattle website formerly described emphasizing individualism opposed collective ideology form cultural racism currently district intention hold onto unsuccessful concepts colorblind mentality harrell school web site removed examples racism sparked controversy seattle june pp compare plessy ferguson harlan dissenting constitution neither knows tolerates classes among citizens respect civil rights citizens equal law justice breyer makes much fact seattle settled naacp complaint alleging illegal segregation federal office civil rights ocr see post memorandum agreement seattle ocr course contains admission seattle segregation ever existed ongoing time agreement simply reflects desire avoid incovenience sic expense formal ocr investigation ocr obligated law initiate upon filing complaint memorandum agreement seattle school district king county washington office civil rights department health education welfare june see also cfr fact cases justice breyer dissent cites evidence prevailing legal assumption see post decided definitively determined racial classifications must analyzed reviewing strict scrutiny adarand constructors pe many proceeded view classifications seeking benefit disadvantaged racial group held lesser standard review see springfield school comm barksdale even purported distinction justice stevens adopt post dissenting opinion already rejected distinction relevance cases students races excluded schools wish attend based solely racial classifications see app noting nonwhite students denied assignment particular school operation seattle racial tiebreaker justice stevens reliance school comm boston board mass appeal dism per curiam post inapposite reason many cases cited justice breyer inapposite case involved massachusetts law required school districts avoid racial imbalance schools specify achieve goal certainly require express racial classifications means law upheld review state explicitly rejecting suggestion plainly law racial group classifications bear far heavier burden justification internal quotation marks citation omitted passage justice stevens quotes proves point quoted language says school committee shall prepare plan eliminate imbalance see post nothing opinion approves use racial classifications means address imbalance suggestion decision today somehow inconsistent disposition appeal belied fact neither lower courts respondent school districts amici saw fit even cite case raise fact argue dismissal afforded different stare decisis effect rather simply suggest perhaps reasons noted dismissal mean justice stevens believes justice breyer also tries downplay impact racial assignments stating seattle students decide voluntarily transfer preferred district high school without consideration criteria post presumably refers district decision cease school year assignments applying racial tiebreaker students seeking transfer different school ninth grade see app obvious disincentives students transfer different school full quarter high school experience passed record sheds light transfers oversubscribed high schools handled footnotes paradigmatic segregation cases local ordinance state statute state constitutional provision requiring racial separation see brief petitioners bolling sharpe pp cataloging state laws requiring separation races app listing statutory constitutional provisions segregation education institutionalized dissent refers repeatedly reverently however outside context remediation past de jure segregation integration simply racial balancing see post therefore school districts attempts integrate properly thought little attempts achieve particular racial balance dissent assertion plans necessary school districts maintain gains reveals conflation segregation racial imbalance post dissent purposes relevant gains present racial compositions individual schools seattle louisville however actual gain cases elimination vestiges system racial separation existed louisville equate achievement certain statistical mix several schools elimination system systematic de jure segregation trivializes latter accomplishment nothing interest classroom aesthetics hypersensitivity elite sensibilities justifies school districts racial balancing programs see part infra principle inherent equality underlies infuses constitution required disestablishment de jure segregation see adarand constructors pe thomas concurring part concurring judgment assessed objective manner comparison two dissent makes much supposed difficulty determining whether prior segregation de jure de facto see post determination typically nearly difficult dissent makes seem cases either state constitutional amendment state statute local ordinance local administrative policy explicitly requiring separation races see supra even determination difficult one dissent acknowledges must made determine remedies school districts required adopt post opinion mcdaniel barresi fits comfortably within framework georgia school board voluntarily adopted desegregation plan time brown board education georgia constitution required eparate schools shall provided white colored races ga art vii ch given state law previously required school board maintain dual school system county obligated take measures remedy prior de jure segregation recognized much opinion stated school board affirmative duty disestablish dual school system mcdaniel supra explained elsewhere remedies authorized lower courts compel early desegregation cases like green swann exceptional see missouri jenkins thomas concurring sustained resistance brown prompted authorize extraordinary remedial measures like compelled racial mixing turn constitution dictate desegregate reality thomas concurring even measures appropriate remedies face widespread resistance brown mandate forever insulated constitutional scrutiny rather powers temporary used overcome widespread resistance dictates constitution thomas concurring though dissent cites every manner complaint record material scholarly article relating seattle student assignment efforts post cites law official policy required separation races seattle schools nevertheless dissent tries cast doubt historical fact seattle schools never segregated law citing allegations national association advancement colored people organizations made filings effect seattle schools segregated law see post allegations never proved even made case indeed record us suggests contrary see app pp past allegations another case provide basis resolving cases contrary dissent argument post louisville school district interest remedying past de jure segregation vanish day district found louisville eliminated vestiges historic de jure segregation see hampton jefferson cty bd supp wd remediation done district logically reached conclusion louisville ha eliminated vestiges associated former policy segregation pernicious effects ibid louisville use measures remedy past de jure segregation incoherent post say decisionmaking allowed louisville one day still remedying forbidden next remediation finished seemingly odd turnaround merely result fact remediation de jure segregation jealously guarded exception equal protection clause general rule government decisionmaking dissent appeal stare decisis post particularly ironic light apparent willingness depart precedents post idea government racial classifications must subjected strict scrutiny originate adarand early loving virginia made clear government action rest solely upon distinctions drawn according race subjected rigid scrutiny quoting korematsu see also mclaughlin florida requiring statute drawing racial classification necessary merely rationally related accomplishment permissible state policy harlan concurring necessity test equally applicable case involving state racial discrimination least one academic articles dissent cites support proposition fails establish causal connection supposed educational gains realized black students racial mixing see hallinan diversity effects student outcomes social science evidence ohio pages following ones dissent cites author article remarks main reason white minority students perform better academically majority white schools likely schools provide greater opportunities learn words desegregation per se improves achievement rather learning advantages desegregated schools provide evidence race good proxy factors might correlated educational benefits support compelling interest use race achieve academic results course seattle school board truly committed notion diversity leads directly educational benefits operating school high nonwhite enrollment shocking dereliction duty educate students enrolled school fact available data seattle school district appear undercut dissent view comparison test results schools last year racial balancing program operated results school year student assignments indicate decline black achievement one expect find black achievement contingent upon particular racial mix see washington state report card online http http http reportcard ospi wa us summary aspx schoolid report level school orglinkid yrs http reportcard summary aspx schoolid reportlevel school orglinkid showing reading scores went seattle assignment program ended sealth high school ingraham high school franklin high school schools affected plan dissent accuses feel ing confident end invidious discrimination one must end governmental use criteria chastises deferring democratically elected majorities see post regardless justice breyer goals might sit create society includes americans solve problems troubled inner city schooling ibid social engineers constitution dictates local governments make decisions basis race consequently regardless perceived negative effects racial imbalance defer legislative majorities constitution forbids escape one behind justice breyer veil judicial modesty hides inflated role federal judiciary dissent approach confers judges power say sorts discrimination benign invidious made determination based objective measure detect judge following dissent approach set level scrutiny achieve desired result must judge defer democratic majority view defer one preferred result defer notion democratic interest qualifies compelling interest constitutes part compelling interest proposed first time today dissent little basis constitution precedent narrowly restricted interests qualify compelling see grutter bollinger thomas concurring part dissenting part fourteenth amendment enact dissent newly minted understanding liberty see lochner new york holmes dissenting fourteenth amendment enact herbert spencer social statics dissent explain recognition interest teaching racial understanding cooperation consistent rejection similar interest wygant wygant school district justified program part theory minority teachers provided models minority students racially faculty improve education students grutter supra opinion thomas citing brief respondents pp stevens dissenting rejected interests asserted justify layoff program insufficiently compelling wygant plurality opinion white concurring judgment school district interest teaching racial understanding cooperation logical reason interest extend composition teaching staff well composition student body dissent reliance interest therefore inconsistent wygant outside school context cases reflect fact racial mixing always lead harmony understanding johnson california considered california prison policy separated inmates racially thomas dissenting policy necessary numerous incidents racial violence thomas dissenting result insistence strict scrutiny policy see inmates california prisons killed see beard banks thomas concurring judgment noting two killed hundreds injured race rioting subsequent decision johnson discussing democratic element dissent repeats assertion social science evidence supporting interest sufficiently strong permit school board determine interest compelling post though school boards say deciding whether interest compelling strict scrutiny government decisionmaking searching administrative review reasonableness see chevron natural resources defense council dissent attacks historical underpinnings constitution post quarrel proposition fourteenth amendment sought bring former slaves american society full members post citing cases wall dissent fails understand however constitution bar government taking measures remedy past discrimination indeed requires measures taken certain circumstances see part supra government measures remedy slavery therefore inconsistent constitution see also juris statement davis county school board take unqualified position fourteenth amendment totally stripped state power make race color basis governmental action tr oral arg brown board education one fundamental contention seek develop course argument contention state authority clause fourteenth amendment use race factor affording educational opportunities among citizens tr oral arg briggs elliott state deprived power make racial classifications governmental field see also brief appellees davis county school board asked outlaw fixed policies several based local social conditions well known respective legislatures purpose virginia history present virginia conditions important tr oral arg davis county school board historical background exists certainly virginia situation strife history shown record shows basis real basis classification made describing potential abolition segregation contrary customs traditions mores might claim great people established generations fiercely irrevocably dedicated preservation white colored races accord post today almost years later attitudes toward race nation changed dramatically many parents white black alike want children attend schools children different races indeed school districts spurned integration strive long history efforts reveals complexities difficulties faced post emphasizing importance local circumstances encouraging different localities try different solutions common problems gravitate toward prove successful seem best suit individual needs citations internal quotation marks omitted post emphasizing school districts history school districts tried numerous approaches achieve integrated schools post histories louisville seattle reveal complex circumstances long tradition conscientious efforts local school boards see also brief appellees brown board education universally held therefore state shall determine subject observance fundamental rights liberties guaranteed federal constitution shall exercise police power field right several clearly recognized public quoting briggs elliott supp sc brief appellees briggs elliott local local affairs essential peace happiness locality strength stability whole federal system nowhere profoundly true field education tr oral arg briggs elliott pp great national federal policy matter fact strength fiber federal system local matters local action competent activities government one nearly approaches hearts minds people question education young height wisdom manner shall conducted left immediately affected wishes parents white colored ascertained children forced may unwelcome contact accord post ocal school boards better understand communities better knowledge practice best meet educational needs pupils post hat respect democratic local decisionmaking school boards ibid explaining constitution grants local school districts significant degree leeway see also reply brief appellees davis county school board dealing thousands local school districts schools subject litigation district courts brief kansas reargument brown board education delicate nature problem segregation paramount interest state kansas preserving internal peace tranquility people indicates question best solved local level least congress declares otherwise accord post minimum plurality views threaten surge litigation hundreds state federal statutes regulations use racial classifications educational purposes many instances contentious force legal challenges classifications meritorious displace earlier calm post indeed consequences approach takes today serious yesterday plans review lawful today post predicting litigation aggravating conflict see also statement appellees opposing jurisdiction motion dismiss affirm davis county school board difficult find field law legal principle repeatedly conclusively decided one sought raised appellants brief appellees davis county school board case decided solely basis precedent brief much limited ample precedent decisions uphold school segregation brief petitioners gebhart belton respondents ask upset long established well settled principle recognized numerous state legislatures courts state federal long period years tr oral arg briggs elliott doctrine may somewhere sometime every principle comes moment repose often announced confidently relied upon long continued passes limits judicial discretion disturbance relied fact seven times think pronounced favor separate equal doctrine relied fact courts last appeal sixteen eighteen passed upon validity separate equal doctrine fourteenth amendment relied fact congress continuously since segregated schools district columbia brief appellees briggs elliott app collecting citations state federal cases hich nunciate rinciple tate aws roviding acial egregation ublic chools onflict fourteenth amendment accord post set forth swann basic principle constitutional law principle law found wide acceptance legal culture citations internal quotation marks omitted post lower state federal courts considered matter settled uncontroversial even decided swann post numerous state federal courts explicitly relied upon swann guidance decades follow post stating lower courts understood followed swann enunciation relevant legal principle post constitutional principle enunciated swann reiterated subsequent cases relied upon many years provides widely thought provide authoritative legal guidance post oday opinion require setting aside laws several many local communities post happened swann mcdaniel crawford harris school committee boston seattle school dist decades vibrant life plurality logic written law compare brief appellees davis county school board practical considerations based experience rather theoretical inconsistencies question equal protection quoting railway express agency new york brief appellees reargument davis county school board question practical one solve subject solution theoretical realm abstract principles tr oral arg davis county school board ou talk problem vacuum manner law school discussion post founders meant constitution practical document compare brief kansas reargument brown board education people kansas abandoning policy segregation whenever local conditions local attitudes make feasible brief appellees reargument davis county school board time passes may well segregation end post hey use criteria limited gradually diminishing ways post ach plan use elements diminished compared use race preceding integration plans post describing use race school districts answer say cases distinguished brown brown involved invidious racial classifications whereas racial classifications benign see post one tell racial classification invidious segregationists brown argued racial classifications benign invidious see tr oral arg briggs elliott south carolina confident good faith intention produce equality children whatever race color convinced happiness progress welfare children best promoted segregated schools brief appellees reargument davis county school board many hours research investigation led confirmation view segregation race virginia public schools time offend constitution serves provide better education living children races tr oral arg davis county school board make transition undo propose continue uplift advancement education races stop march progress onward sweep height arrogance members assert blindly motives better others see also urged state laws policies derive validity consequence long duration supported made possible long line judicial decisions including expressions decisions time urged laws valid matter constitutionally permissible social experimentation matter stare decisis submit duration challenged practice persuasive controlling matter social experimentation laws question must satisfy requirements constitution permitted legislate otherwise officially act experimentally social economic fields always recognized held power subject limitations constitution tests constitution must met reply brief appellants briggs elliott pp truth matter attempt place local mores customs high equalitarian principles government set forth constitution particularly fourteenth amendment entire contention tantamount saying vindication enjoyment constitutional rights recognized present personal postponed whenever postponement claimed socially desirable dissent face complicated questions attending proposed standard example dissent principle stop government force racial mixing mixed government force black families relocate white neighborhoods name bringing races together historically black colleges established traditions programs might disproportionately appeal one race another fordice thomas concurring dissent answer questions contours distinction propounds rest entirely eye beholder justice breyer good intentions doubt shelf life justice breyer tenure unlike dissenters unwilling delegate constitutional responsibilities local school boards allow experiment decisionmaking assumption intentions forever remain good justice breyer see federalist cooke ed men angels government necessary indeed racial theories endorsed seattle school board cause dissenters question whether local school boards entrusted power make decisions basis race seattle school district website formerly contained following definition cultural racism aspects society overtly covertly attribute value normality white people whiteness devalue stereotype label people color different less render invisible examples norms include defining white skin tones nude flesh colored future time orientation emphasizing individualism opposed collective ideology defining one form english standard see harrell school web site removed examples racism sparked controversy seattle june site removed district offered comforting clarification site intended hold onto unsuccessful concepts melting pot colorblind mentality ibid see also ante plurality opinion recently school district sent delegation high school students white privilege conference see equity race relations white privilege conference https one conference participant described white privilege invisible package unearned assets count cashing day meant remain oblivious white privilege like invisible weightless knapsack special provisions maps passports codebooks visas clothes tools blank checks see white privilege conference questions answers http see generally westneat school district obsessed race seattle times apr describing racial issues seattle schools footnotes le lys rouge red lily stephens transl ed see wilkinson brown bakke everyone understands brown board education helped deliver negro three centuries legal bondage black lawfulness segregation decisions yale history tells us segregation imposed one race race consent invited required segregation south grew kept going white race wanted way incontrovertible fact hardly consorts equality long adhered view decision exclude member minority race fundamentally different decision include member minority reason see adarand constructors pe stevens dissenting wygant jackson bd distinction critically important context education focus opinions often benefits minority schoolchildren receive integrated education see ante thomas concurring children races benefit integrated classrooms playgrounds see wygant fact persons different races indeed differently colored skin may give rise belief significant difference persons inclusion minority teachers educational process inevitably tends dispel illusion whereas exclusion tend foster chief justice twice cites dissent fullilove klutznick see ante case stressed importance confining remedy past wrongdoing members injured class see present cases unlike fullilove like decision wygant require us ask whether board actions advanc public interest educating children future stevens dissenting emphasis added see ibid opinion necessary find board education guilty racial discrimination past support conclusion legitimate interest employing black teachers future see also adarand stevens dissenting program part remedy past discrimination importantly response practical problems faced minority subcontractors chief justice massachusetts racial imbalance act require express classifications see ante incorrect massachusetts judicial expressly stated racial imbalance act requires school committee every municipality annually submit statistics showing percentage nonwhite pupils public schools school whenever board finds racial imbalance exists public school shall give written notice appropriate school committee shall prepare plan eliminate imbalance file copy board term racial imbalance refers ratio nonwhite students public schools sharply balance racial composition society nonwhite children study serve work purpose section racial imbalance shall deemed exist per cent nonwhite students public school excess fifty per cent total number students school compare ante inequality facilities fact legally separating children basis race relied find constitutional violation juris statement school comm boston board education implicit brown board education topeka color race constitutionally impermissible standard assignment school children public schools construe brown endorsing justice harlan classical statement plessy ferguson constitution neither knows tolerates classes among mandatory jurisdiction defined provision judicial code codified see stat provision repealed see stat example prior decision school comm boston illinois issued unpublished opinion holding unconstitutional similar statute aimed eliminating racial imbalance public schools see juris statement school comm boston board education unlike massachusetts illinois recently held law eliminate racial imbalance unconstitutional ground violated equal protection clause fourteenth amendment however shortly dismissed massachusetts suit want substantial federal question illinois reversed course upheld statute published decision justice breyer extensively quotes dissent see tometz board waukegan school dist illinois acted explicit reliance decision school comm boston see january dismissed appeal school committee boston board education mass challenged statute providing elimination racial imbalance public schools want substantial federal question