Sorry I haven’t blogged in a while, exams have been consuming every ounce of my life.
On December 4, 2006, the Court heard arguments in Parents Involved in Community Schools v. Seattle School District. The Seattle School District allows students to choose which of the 10 high schools in the district they attend, but if a certain school is over a certain quota of student of one race, they will give preferance to a student who will help them achieve their quota. In 2000-2001, 300 students were denied ‘acceptance’ to their school based on race alone. 30 of those students left the district.
Of note in this case is that 3 of the 5 schools in the district that are currently ‘oversubscribed’ by one race are ‘oversubscribed’ by nonwhites. 2 of the 5 schools are ‘oversubscribed’ by whites. Seattle School district argues that a race based program that helps one race as much as it helps another is fair under the Equal Protection Clause of the 14th Amendment. Parents Involved in Community Schools counters that Equal Protection rights belong to individuals, not groups.
The Court has always held that race balancing is unconstitutional. Deciding solely based on race is not constitutional and the Court reaffirmed that in Grutter v. Bollinger and Gratz v. Bollinger in 2002. In the two Michigan cases, the Court held that the undergraduate school could allow for race to be one factor among many for decisions, but the law school’s decision to have a quota for students was not Constitutional.