Federal

Decision Sparks Divided Reactions

By David J. Hoff — June 28, 2007 3 min read
  • Save to favorites
  • Print

School officials and traditional civil rights groups decried the U.S. Supreme Court’s ruling today overturning policies intended to diversify student enrollments in the Jefferson County, Ky., and Seattle school districts. Meanwhile, others hailed the decision as a victory for those who say such initiatives create reverse discrimination.

One of Washington’s most powerful Democrats called the decision “appalling.” “Today’s decision turns Brown [v. Board of Education] upside down and ignores decades of constitutional history,” Senate Majority Leader Harry Reid said in a statement, referring to the 1954 decision that overturned segregation in public schools. “If this isn’t judicial activism, I don’t know what is.”

People for the American Way, a liberal activist group, called the decision “a terrible blow for school districts trying to overcome our nation’s long legacy of segregation and take seriously the importance of diversity.”

The other side of the political spectrum celebrated. “Racist School Policies Get the Supreme Smackdown,” wrote the Open Market blog, a project of the Competitive Enterprise Institute, which advocates free markets.

The Cato Institute, a libertarian think tank, also approved of the decision. “That public institutions cannot be allowed to sort children based on race is consistent with the [U.S.] Constitution, was clearly established in Brown v. Board, and simply makes sense as a matter of justice. And it is good to see the court doing what it should in education, especially after so many years in which it and other federal courts required exactly the kind of racial engineering it prohibited today.”

One supporter of measures to promote integration suggested that the court should not have “the last word” on the questions posed in the case. “Congress must act immediately to explore legislative solutions that further the goals of an integrated and quality public education for all students,” wrote Cassandra Butts, the senior vice president for domestic policy at the Center for American Progress, a Democratic-leaning think tank.

See Also

Read the related story,

The Campaign to Restore Civil Rights, a coalition of groups that support efforts to diversify schools and other public institutions, said students recognize the importance of diversity and believe districts should be allowed to promote it. The campaign highlighted the winner of its recent essay contest, Jody Leung, who wrote: “Brown v. Board of Education paved the way for integration and the civil rights movement” and “made America a better place. … The time is now and we must encourage racial integration in classrooms.”

Shades of Gray

On the well-respected Scotusblog, lawyer Tom Goldstein points out that Associate Justice Anthony M. Kennedy’s concurring opinion may have preserved K-12 districts’ right to consider race in some school assignments. Justice Kennedy joined with four justices to form a majority saying that Seattle and Jefferson County, which includes Louisville, put too much emphasis on race in their school assignments. But the justice’s reasoning, Mr. Goldstein wrote, suggests that “that school districts may account for race as one factor among many in student placement.”

In its blog, the NAACP Legal Defense and Educational Fund highlights the factors that Justice Kennedy lists as possible ways districts could consider race in student assignments: “Such measures may include strategic site selection of new schools; drawing attendance zones with general recognition of neighborhood demographics; allocating resources for special programs; recruiting students and faculty in a targeted fashion; and tracking enrollments, performance, and other statistics by race.”

Events

Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.
School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Video Here’s What the Ed. Dept. Upheaval Will Mean for Schools
The Trump administration took significant steps this week toward eliminating the U.S. Department of Education.
1 min read
The U.S. Department of Education building is pictured in a double exposure on Oct. 24, 2025, in Washington, D.C.
The U.S. Department of Education building is pictured in a double exposure on Oct. 24, 2025, in Washington, D.C.
Maansi Srivastava for Education Week
Federal What State Education Chiefs Think as Trump Moves Programs Out of the Ed. Dept.
The department's announcement this week represents a consequential structural change for states.
6 min read
The U.S. Department of Education building is seen behind the Dwight D. Eisenhower Memorial on Oct. 24, 2025 in Washington, D.C.
The U.S. Department of Education building is seen behind the Dwight D. Eisenhower Memorial on Oct. 24, 2025 in Washington, D.C. The department is shifting many of its functions to four other federal agencies as the Trump administration tries to downsize it. State education chiefs stand to be most directly affected.
Maansi Srivastava for Education Week
Federal See Where the Ed. Dept.'s Programs Will Move as the Trump Admin. Downsizes
Programs overseen by the Ed. Dept. will move to agencies including the Department of Labor.
President Donald Trump signs an executive order regarding education in the Oval Office of the White House, Wednesday, April 23, 2025, in Washington, as Commerce Secretary Howard Lutnick, Labor Secretary Lori Chavez-DeRemer, and Education Secretary Linda McMahon watch.
President Donald Trump signs an executive order regarding education in the Oval Office of the White House on April 23, 2025, as Commerce Secretary Howard Lutnick, Labor Secretary Lori Chavez-DeRemer, and Education Secretary Linda McMahon watch. The Trump administration on Tuesday announced that it's sending many of the Department of Education's K-12 and higher education programs to other federal agencies.
Alex Brandon/AP
Federal Most K-12 Programs Will Leave Education Department in Latest Downsizing
The Trump administration announced six agreements to transfer Ed. Dept. programs elsewhere.
U.S. Secretary of Education Linda McMahon is interviewed by Indiana’s Secretary of Education Katie Jenner during the 2025 Reagan Institute Summit on Education in Washington, D.C., on Sept. 18, 2025.
U.S. Secretary of Education Linda McMahon is interviewed by Indiana Secretary of Education Katie Jenner during the 2025 Reagan Institute Summit on Education in Washington, D.C., on Sept. 18, 2025. The U.S. Department of Education on Tuesday unveiled six agreements moving administration of many of its key functions to other federal agencies.
Leah Millis for Education Week