In a brilliant display of jurisprudence that made immediate legal history, the Supreme Court of the United States has scuttled programs in Seattle and Jefferson County, Kentucky, that use race as a determinant in assigning students to public schools. The court’s decision was by a 5-to-4 vote.
It was a decision that had to be made if public schools are to abide by the U.S. Constitution, which forbids decisions made on the basis of skin color. Admittedly, the Seattle School Board used the racial formula in desperation to solve the problem of school enrollments that exceeded capacity. But, in the final analysis, Chief Justice John Roberts, who wrote for the majority, put it best:
“For schools that never segregated on the basis of race, such as Seattle, or that have removed the vestiges of past segregation, such as Jefferson County, the way ‘to achieve a system of determining admission to the public schools on a non-racial basis’ is to stop assigning students on a racial basis. The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
It was brilliant rhetoric and sound reasoning. But, as could have been expected, Democratic members of Congress who strongly opposed President Bush’s appointment of Roberts to the highest court were quick to condemn the court’s decision and to excoriate Roberts at the same time.
I think it was of great significance that the Supreme Court’s black member, Justice Clarence Thomas, concurred with the decision. He wrote: “Racial imbalance is the failure of a school district’s individual schools to match or approximate the demographic makeup of the student population at large….. Because racial imbalance is not inevitably linked to unconstitutional segregation, it is not unconstitutional in and of itself.”
Although the five justices rendering the majority opinion didn’t say so, I believe they hinted at the proper solution. It’s a solution I have been proposing for some time. It is substantially this: Racial equality should be achieved, not by tampering with school enrollments or other gimmicks, but by desegregating neighborhoods.
That means getting rid of ghettoes, primarily in the large urban areas. It also means getting rid of the real-estate industry’s habit of refusing to show minorities the homes that are for sale, lease, or rent in white neighborhoods. Only then can we achieve the racial equality consistent with the freedoms expressed in the Constitution.









