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

Artificial Intelligence Webinar AI and 'Techlash' Are on a Collision Course. How Should Schools Respond?
Learn what strategies and tactics schools can develop to encourage smart and responsible AI use, while also enforcing tech guardrails.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Special Education Disputes & Rising Costs: Protecting Your District
Special education costs and risks are rising. Learn how stronger IEP and Medicaid processes help districts protect funding and compliance.
Content provided by Relay
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Personalized Learning Webinar
Differentiation That Delivers: Proven Practices From High-Growth Districts
Make every minute count. Proven strategies from educators and leaders driving real student growth. Save your seat!
Content provided by i-Ready, Curriculum Associates

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 Q&A A Top Democrat Breaks Down His Party's Plans for K-12 in a House Majority
If Democrats retake the House, Rep. Bobby Scott may be in a position to set his chamber’s K-12 agenda.
5 min read
Rep. Bobby Scott, D-Va., speaks during a prayer vigil held by the Chesapeake Coalition of Black Pastors at The Mount (Mount Lebanon Baptist Church) in Chesapeake, Va., Sunday, Nov. 27, 2022, for the six people killed at a Walmart in Chesapeake, Va., when a manager opened fire with a handgun before an employee meeting Tuesday night.
Rep. Bobby Scott, D-Va., speaks during a prayer vigil in Chesapeake, Va., on Nov. 27, 2022. Scott is the ranking Democrat on the U.S. House of Representatives' education committee and will seek the panel's chairmanship if Democrats win a House majority in next month's elections.
Carolyn Kaster/AP
Federal What a Democratic Congress Could Mean for Trump's K-12 Agenda
They may try to reverse—or at least investigate—the Trump admin.'s efforts to dismantle the Ed. Dept.
9 min read
House Minority Leader Hakeem Jeffries, D-N.Y., the top Democrat in the Republican-majority House, is joined by Rep. Pete Aguilar, D-Calif., chair of the House Democratic Caucus, as they criticize President Donald Trump and his policies while talking to reporters about the approaching midterm election, at the Capitol in Washington, Thursday, Sept. 17, 2026.
House Democratic Leader Hakeem Jeffries speaks at the U.S. Capitol on Sept. 17, 2026. He's joined by Rep. Pete Aguilar, D-Calif., who chairs the House Democratic Caucus. If Democrats gain a majority of either chamber of Congress after next month's elections, they'll be able to hold oversight hearings on and launch investigations into the dismantling of the U.S. Department of Education.
J. Scott Applewhite/AP
Federal The Future of Education Research: More Partisan and Largely Left to States?
As Trump administration works to change federal grants, outside researchers try to regroup.
6 min read
Image of file folders with tabs called "funding" "grants" "projects" and a blank note paper paperclipped to the outside.
Collage by Laura Baker/Education Week + Getty
Federal Bipartisan Bill in Congress Would Help Schools Put Cellphone Bans or Restrictions in Place
The bill would establish a federal grant program to support state efforts to restrict cellphones.
5 min read
Sen. Tom Cotton, R-Ark., the chairman of the Senate Intelligence Committee, center, is joined from left by Sen. John Barrasso, R-Wyo., the GOP whip, and Senate Majority Leader John Thune, R-S.D., as he speaks to reporters ahead of a Wednesday meeting with President Donald Trump, at the Capitol in Washington, Tuesday, June 23, 2026. (AP Photo/J. Scott Applewhite) Senate Minority Leader Chuck Schumer, D-N.Y., speaks to reporters at the Capitol in Washington, Tuesday, June 23, 2026.
Sen. Tom Cotton, R-Ark., speaks to reporters ahead of a meeting with President Donald Trump at the Capitol in Washington on June 23, 2026. Cotton is one of the sponsors of a bipartisan bill that would create a grant program for states to implement school cellphone bans or restrictions.
J. Scott Applewhite/AP