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Resegregation is the new black

segregation

Every Supreme Court decision seems to get worse and worse:

With competing blocs of justices claiming the mantle of Brown v. Board of Education, a bitterly divided Supreme Court declared Thursday that public school systems cannot seek to achieve or maintain integration through measures that take explicit account of a student’s race.

Voting 5 to 4, the court, in an opinion by Chief Justice John G. Roberts Jr., invalidated programs in Seattle and metropolitan Louisville, Ky., that sought to maintain school-by-school diversity by limiting transfers on the basis of race or using race as a “tiebreaker” for admission to particular schools.


In other words, the court has just taken a major step toward resegregation in schools. The Times has a good editorial on it:

Chief Justice Roberts, who assured the Senate at his confirmation hearings that he respected precedent, and Brown in particular, eagerly set these precedents aside. The right wing of the court also tossed aside two other principles they claim to hold dear. Their campaign for “federalism,” or scaling back federal power so states and localities have more authority, argued for upholding the Seattle and Louisville, Ky., programs. So did their supposed opposition to “judicial activism.” This decision is the height of activism: federal judges relying on the Constitution to tell elected local officials what to do.

The nation is getting more diverse, but by many measures public schools are becoming more segregated. More than one in six black children now attend schools that are 99 to 100 percent minority. This resegregation is likely to get appreciably worse as a result of the court’s ruling.

There should be no mistaking just how radical this decision is. In dissent, Justice John Paul Stevens said it was his “firm conviction that no Member of the Court that I joined in 1975 would have agreed with today’s decision.” He also noted the “cruel irony” of the court relying on Brown v. Board of Education while robbing that landmark ruling of much of its force and spirit. The citizens of Louisville and Seattle, and the rest of the nation, can ponder the majority’s kind words about Brown as they get to work today making their schools, and their cities, more segregated.

As Geoffrey Stone points out, both Alito and Roberts are guided more by ideology than rule of law, despite their confirmation hearing claims that they would stick to the principle of stare decisis. You should also read Scott’s thoughts on the case.

Justice Breyer’s dissent is also worth a read (thanks to Scott for providing the link). He offers crucial information on just how segregated our schools already are:

Between 1968 and 1980, the number of black children attending a school where minority children constituted more than half of the school fell from 77% to 63% in the Nation (from 81% to 57% in the South) but then reversed direction by the year 2000, rising from 63% to 72% in the Nation (from 57% to 69% in the South). Similarly, between 1968 and 1980, the number of black children attending schools that were more than 90% minority fell from 64% to 33% in the Nation (from 78% to 23% in the South), but that too reversed direction, rising by the year 2000 from 33% to 37% in the Nation (from 23% to 31% in the South). As of 2002, almost 2.4 million students, or over 5% of all public school enrollment, attended schools with a white population of less than 1%. Of these, 2.3 million were black and Latino students, and only 72,000 were white. Today, more than one in six black children attend a school that is 99-100% minority. See Appendix A, infra. In light of the evident risk of a return to school systems that are in fact (though not in law) resegregated, many school districts have felt a need to maintain or to extend their integration efforts.

The Seattle plan, which was modest and limited, sought to make a tiny dent in this segregation. Now, we can expect things to go from bad to worse. More Breyer, because his dissent is so powerful:

Indeed, the consequences of the approach the Court takes today are serious. Yesterday, the plans under review were lawful. Today, they are not. Yesterday, the citizens of this Nation could look for guidance to this Court’s unanimous pronouncements concerning desegregation. Today, they cannot. Yesterday, school boards had available to them a full range of means to combat segregated schools. Today, they do not.

The Court’s decision undermines other basic institutional principles as well. What has happened to stare decisis? The history of the plans before us, their educational importance, their highly limited use of race–all these and more–make clear that the compelling interest here is stronger than in Grutter. The plans here are more narrowly tailored than the law school admissions program there at issue. Hence, applying Grutter’s strict test, their lawfulness follows a fortiori. To hold to the contrary is to transform that test from “strict” to “fatal in fact”–the very opposite of what Grutter said. And what has happened to Swann? To McDaniel? To Crawford? To Harris? To School Committee of Boston? To Seattle School Dist. No. 1? After decades of vibrant life, they would all, under the plurality’s logic, be written out of the law.

And what of respect for democratic local decisionmaking by States and school boards? For several decades this Court has rested its public school decisions upon Swann’s basic view that the Constitution grants local school districts a significant degree of leeway where the inclusive use of race-conscious criteria is at issue. Now localities will have to cope with the difficult problems they face (including resegregation) deprived of one means they may find necessary.

And what of law’s concern to diminish and peacefully settle conflict among the Nation’s people? Instead of accommodating different good-faith visions of our country and our Constitution, today’s holding upsets settled expectations, creates legal uncertainty, and threatens to produce considerable further litigation, aggravating race-related conflict.

And what of the long history and moral vision that the Fourteenth Amendment itself embodies? The plurality cites in support those who argued in Brown against segregation, and Justice Thomas likens the approach that I have taken to that of segregation’s defenders. See ante, at 39-41 (plurality opinion) (comparing Jim Crow segregation to Seattle and Louisville’s integration polices); ante, at 28-32 (Thomas, J., concurring). But segregation policies did not simply tell schoolchildren “where they could and could not go to school based on the color of their skin,” ante, at 40 (plurality opinion); they perpetuated a caste system rooted in the institutions of slavery and 80 years of legalized subordination. The lesson of history, see ante, at 39 (plurality opinion), is not that efforts to continue racial segregation are constitutionally indistinguishable from efforts to achieve racial integration. Indeed, it is a cruel distortion of history to compare Topeka, Kansas, in the 1950’s to Louisville and Seattle in the modern day–to equate the plight of Linda Brown (who was ordered to attend a Jim Crow school) to the circumstances of Joshua McDonald (whose request to transfer to a school closer to home was initially declined). This is not to deny that there is a cost in applying “a state-mandated racial label.” Ante, at 17 (Kennedy, J., concurring in part and concurring in judgment). But that cost does not approach, in degree or in kind, the terrible harms of slavery, the resulting caste system, and 80 years of legal racial segregation.

The last half-century has witnessed great strides toward racial equality, but we have not yet realized the promise of Brown. To invalidate the plans under review is to threaten the promise of Brown. The plurality’s position, I fear, would break that promise. This is a decision that the Court and the Nation will come to regret.

Absolutely.

The majority opinion atrocious and a major step backwards. But I also have big problems with how the more progressive side of the court has handled integration issues. In affirmative action (“AA” from here on out) cases particularly, the more liberal justices have often based their support of AA on the idea that it contributes to “diversity,” and diversity is important.

That’s true. But who is benefitting from that diversity and who are the bodies that make a place “diverse”?

The underlying rationale in the diversity argument is that AA (and desegregation policies) are important because they make things more interesting for white people. Just look at how diversity is framed: It allows the majority population to come into contact with people of different races, cultures and backgrounds; it widens our horizens; it prepares us for a life of interaction with people unlike ourselves. In other words, diversity is good because the presence of minorities help the majority. It’s kind of like the argument that racism is bad because it hurts all of us — which isn’t exactly true. Racism hurts particular classes of people far worse than others, and it maintains a system wherein a certain class is in power. I don’t like racism and I would like to see racism obliterated, but as a white person racism most certainly does benefit me.

The fact that the diversity argument is the one that still (kind of) flies with the Court is pretty indicative of just how far we haven’t come — arguments for desegregation policies still must be premised on the grounds that they’re good for white people. That in itself should indicate that we aren’t living in a colorblind society, and shouldn’t pretend that we are. Unfortunately, as BfP points out, conservatives have taken to perverting anti-racist concepts of equality in an effort to re-segregate schools and society in general. If I have to hear “Affirmative action is all about judging people by the color of their skin, and not by the content of their character” one more time, I might hit something. Because, newsflash: People are already judged by the color of their skin and not the content of their character. Beyond that, there is a thriving racial caste system in this country. Ignoring it and braying on about “equality” when nothing resembling actual equality has been reached doesn’t do a damn thing except to maintain the status quo.

These cases should be about realizing equality, and they should be about the people who are treated unequally. Instead, they’re about a powerful majority crying persecution, and liberals promoting progressive policies only when they can argue that the policies benefit white people.

I don’t think that’s the dream Dr. King was talking about.


36 thoughts on Resegregation is the new black

  1. Good point on the “diversity” arguments, I hadn’t thought about it like that. This is a pretty shitty decision.

  2. Because separate really is equal. Ye farking gods.

    I entered the South Carolina public school system the year after it integrated. I remember going ‘way back in the woods in the early 80’s and discovering an abandoned city bus with the “colored passengers sit in back” sign, and thinking what a relic it was.

    I never thought I’d live to see this day. I’ve said it so often lately it’s becoming a personal cliche, but I weep for my nation.

  3. I’ve been known to use the “diversity” argument myself, more often for gender than for race, but with implications to both. I hadn’t thought of it as “how do we frame this to benefit white people” but it’s a similar concept. Basically, I’ve used it to frame “diversity” as a way of achieving the mission of whatever organization (e.g. company, university) is making the decision. That is, I say that drawing the most qualified people from the widest possible pool is the best way to achieve profits, or scientific advances, or whatever it is the organization is working towards. It’s certainly a way of framing anti-racism and anti-sexism as a way of improving the lives of those already in power, which is most often white people, but often also the people actually making the policies.

    I will have to think more about this, and consider changing my argument.

  4. The underlying rationale in the diversity argument is that AA (and desegregation policies) are important because they make things more interesting for white people. Just look at how diversity is framed: It allows the majority population to come into contact with people of different races, cultures and backgrounds; it widens our horizens; it prepares us for a life of interaction with people unlike ourselves. In other words, diversity is good because the presence of minorities help the majority.

    I’m glad you mention this; I asked a question on another thread about whom does desegregation really benefit? Claiming “diversity” is in of itself a good thing carries with it the implicit assumption that everyone benefits from that principle equally. I don’t think that argument really holds; minorities already know quite a bit about white people, and may not be all that enthusiastic about “integration”, as it is typically articulated.

  5. If I have to hear “Affirmative action is all about judging people by the color of their skin, and not by the content of their character” one more time, I might hit something. Because, newsflash: People are already judged by the color of their skin and not the content of their character.

    Not by the government, they’re not. Unless AA is in play.

    Now, i support AA and I don’t think this is a good decision. But there’s a big difference between something that happens in society (not colorblind, obviously) and something that becomes/is an officially sanctioned government policy. I’m MUCH more uncomfortable with the government making racially based decisions openly than I am with individuals doing the same. I think AA happens to be justified, but I wish that people would stop conflating governmental and nongovernmental action.

  6. I believe that all schools should be local and close to home HOWEVER our society is incredibly segregated so until we resolve our housing segregation problem we will never have good local schools for everyone and will have to have bussing and travel for students to acheive educational access.

  7. Louisville’s busing system wasn’t exactly visible to begin with. Public schools = black. Private/magnet schools = East Asian, South Asian, and white.

    Sarcasm aside, Kentucky isn’t that diverse a state to begin with; over 90% of the population is white.

    The local news channels are showing interviews with parents. Some of the black parents are in favor of the decision…didn’t like their kids having to go out of their neighborhood to schools that were a long bus ride away.

  8. The local news channels are showing interviews with parents. Some of the black parents are in favor of the decision…didn’t like their kids having to go out of their neighborhood to schools that were a long bus ride away.

    This observation gets at the issue I mentioned above. Diversity in of itself may not be the benefit we think it is for all people. For example, it may not bother black parents if their children are in overwhelmingly black schools (indeed, many may actually prefer that) as long as those schools have the resources to educate the children who go there.

  9. Or, ellenbrenna, we could stop using property taxes to fund schools. Even if housing remained segregated, the schools would all be adequately funded.

  10. Personally, I would like my kids (should I have any) to have the chance to be around a diverse (ethnically and otherwise ) range of people. With the issue of busing though, I do believe some of the parents were honestly concerned with the hassle of having their kids go to schools far from home. God knows it wasn’t easy for my parents to get myself and my siblings up and to school on time, and ours was only a few minutes drive away! Our bus system wasn’t very reliable either, which caused some problems.

  11. I don’t know which Louisville you live in, but at the magnet school my daughter attends, it has a 48% black population and a 17% latino population(it has an ESL program). And for some reason, I don’t think those black parents on the news remember what Central HIgh School looked like before busing and white kids were going to go there.

  12. *shrugs*

    Is she not in high school or middle school? Except for Central (whose demographics, I believe, are due to a 2000 lawsuit), all of the magnet high schools are under 29% black as of 2006. There’s a middle school with a 41% black student population (and 1% Hispanic), but that was an exception too. Haven’t checked elementary stats.

    Disclaimer: Since I don’t live in Louisville proper, I’m mostly familiar with the Louisville schools based on extracurricular events and official stats, and my perceptions are probably skewed by that.

  13. I believe that all schools should be local and close to home HOWEVER our society is incredibly segregated so until we resolve our housing segregation problem we will never have good local schools for everyone and will have to have bussing and travel for students to acheive educational access.

    Busing doesn’t solve the structural inequalities that exist in inner city schools.

    I think that simply shipping kids of color across town to the white school is not the answer to achieving educational opportunity and access. Fixing inner city schools and communities is the answer. While race is definitely a factor in the segregation of many innercity schools, class is an even bigger factor. Until inner-city schools and communities are places where people from across the ethnic and economic spectrum want to live, busing will be looked to as a bandaid solution that has outlived it’s time.

  14. Fixing inner city schools and communities is the answer. While race is definitely a factor in the segregation of many innercity schools, class is an even bigger factor. Until inner-city schools and communities are places where people from across the ethnic and economic spectrum want to live, busing will be looked to as a bandaid solution that has outlived it’s time.

    Yeah, gentrification really helped black people…

    Making inner-city schools and communities attractive means providing jobs and opportunities to the initial inhabitants, and that can only happen if racism is quelled. I understand that some people are still waiting for le Grand Soir whereupon all classes shall be abolished, etc., but I think that it’s much too optimistic to entertain the idea that race issues can be sidestepped in order to promote egalitarianism in general. One of the main obstacles to making people more amenable to reducing class differences is racism, so it has to be addressed. I don’t think that affirmative action has outlived its time, however palliative it may be. Though that’s unfortunate in the grand scheme of things, I don’t see why we should refrain from using available legal tools and simply wait for magical large-scale cultural changes somewhere down the road.

  15. Well, I live in Kentucky. About 45 miles away from Louisville. There are three high schools in my town. One is for the Catholic rich preps, one is for the rednecks and people that live in the farm areas, and one is for the inner city black and poor children. I don’t think it has anything to do with discrimination because you are sent to a school based on where you live and you have to pay tuition if you want to go to a school out of your area. Unless you go to the catholic school because that one’s about 5,000 a year to attend. I went to the school with all the country kids. I think it was probably 99.9% white.

    Our Supreme Court sucks ass.

  16. Great post, Jill. Derrick Bell frequently argues that white people only acquiesce to changes that benefit people of color when when they see that there is something in it for themselves.

  17. In fairness to the liberals, the centrality of the “diversity” argument is probably not because they believe it; it’s an artifact of the fact that Powell’s Bakke opinion is the controlling precedent. You can’t claim to be upholding affirmative action doctrine and cite other rationales, and litigants also can’t claim them. Under the circumstances, I actually thought Bryeyer made the extend to which the political purpose of these plans is a remedy for desegregation pretty explicit.

  18. Even at or around 30% equals the city’s racial demographics, so that is not a bad thing.

    And I agree that the real solution is to improve inner city schools. “Robin Hood” funding(steal from the rich give to the poor) is voted down nearly everywhere, so encouraging more affluent parents to be encouraged in the condition of their child’s school, which may be in a lower income area and further away is the easiest way to address this.

  19. I don’t think it has anything to do with discrimination because you are sent to a school based on where you live and you have to pay tuition if you want to go to a school out of your area.

    You’ve never heard of redlining, have you? It’s not a coincidence that all of the white people ended up in one neighborhood and all of the black people ended up in another. No one admits that it’s their official policy anymore, but it still happens.

    Not to mention the unofficial ways that housing segregation is enforced.

    That’s not something that happened 30 years ago in the deep South. It happened just two years ago in Michigan. So to claim that the fact that black kids go to one school and white kids go to another has nothing to do with discrimination is just plain ignorant.

  20. This decision made me so sad. Having taught in both Minneapolis and St. Paul public schools, I’ve seen first-hand how much de facto segregation hurts everyone involved. And the Twin Cities aren’t even nearly as bad as, say, some of the schools in New York City.

    Didn’t Jonothan Kozol just write Shame of a Nation? Aren’t we still in the middle of a big public debate about the achievement gap? Or am I just imagining those things? I wonder how a couple of Supreme Court Justices could be so ensconed in their ivory towers that they have literally no idea how the real world works.

    Separate cannot be equal. I learned that in a fifth grade social studies class. What excuse does Roberts have?

  21. Ever since Croson (or so) affirmative action policies have had a major shift in the rationale of the “compelling interest” which permits them to overcome strict scrutiny. First, Croson essentially applied strict scrutiny to protecting white people – that is, it applied strict scrutiny to efforts to overcome the legacy of slavery and Jim Crow. Second, the Croson decision made it pretty much impossible to justify affirmative action policies on the ground of “remedying past discrimination” alone, because the Court found that these potential remedies suffered from an overinclusiveness in who they helped and who they did not help.

    This encouraged the shift that we see in the Michigan cases to talking about the “compelling interest” not of remedying historical and present day discrimination and disadvantage, but of “diversity”, a rationale that masks the true purpose of affirmative action and perhaps has deeper resonance in higher education than in elementary schools, when literacy and math are the major concerns.

  22. Is it really shocking, or even upsetting, that the arguments for desegregation and affirmative action rely heavily on how they’re good for white people? It’s difficult for me to imagine how it could be otherwise, or what public arguments would be more effective than focusing on the value for white people. I mean, sure, it would be great if our society was driven by altruism, but in practice, the people in power are always going to want to know what’s in it for them. In the period before the U.S. Civil War, the public antislavery discussion centered much more on the harm slavery did to whites, than to blacks.

    Diversity is of value to minorities, not in and of itself, but because whites have no incentive to fix institutions that serve few to no whites (e.g. 99% minority public schools).

  23. I wonder how a couple of Supreme Court Justices could be so ensconed in their ivory towers that they have literally no idea how the real world works.

    I’ve always assumed that they know exactly how the real world works, and like it that way.

  24. Excellent post, Jill. Your point about de-centering white normativity in racial discourse is one that many, many white liberals and progressives miss. I’m glad you see the distinction, because inter-racial dialogue really can’t move forward without this understanding.

  25. Personally, I’d be fine with seperate but equal if the facilities and teaching was equal, but I think there would be concerted effort to make sure the schools are not equal. It’s sort of like conservatives saying that blacks should improve themselves (even though the majority are fairly “improved”), and then seeing something like Hannity accusing Obama’s chruch of being a black seperatist church. I guess we should be responsible as a people for pulling ourselves up by our bootstraps, but avoid using the word “black” in the course of doing it, lest we be accused of being black seperatists. Unless we say we are black Republicans/conservatives. Then it’s alright:).

  26. To those who oppose the decision, what would you say to the black parents who brought this case because they didn’t want their children sent to white schools far away, but wanted them to go to schools in their own neighborhood?

  27. In the US, it seems blacks are responsible more for segregation than whites. They prefer to not get out of their communities. A close friend of mine is a girl who was the only white girl in her public school class. She was teased and tormented by all the kids and often made the scapegoat for all things going wrong in the class by the teachers. This was in DC. Finally, after a year, her parents took her out and had to place her in a private school.

  28. Pingback: The Debate Link
  29. The above trackback is some preliminary thoughts on why I think the diversity argument has significant unstated anti-racism value–beyond the fact that it’s historically been the only way progressives have been able to salvage important programs like AA. This isn’t to say Jill’s argument isn’t sharp–it is. But I think that there are anti-racist and egalitarian messages intrinsic to the diversity rationale that aren’t being given sufficient weight.

  30. To those who oppose the decision, what would you say to the black parents who brought this case because they didn’t want their children sent to white schools far away, but wanted them to go to schools in their own neighborhood?

    I would say that sometimes the interests of the kids must override the wishes of the parents. Sorry, but people tend to forget that this sort of thing is about the children first and foremost, and about everyone around them after the fact.

  31. I would say that sometimes the interests of the kids must override the wishes of the parents.

    From CNN:

    A white parent, Crystal Meredith, sued, saying her child was twice denied the school nearest their home and had to endure a three-hour bus ride to a facility that was not their top choice. Many African-American parents raised similar concerns.

    “We are here not because we didn’t get our first choice, but because we got no choice,” said Meredith shortly after the ruling. “I was told by the school board that my son’s education was not as important as their plan. I was told I should sacrifice his learning in order to maintain the status quo.”

    It doesn’t sound to me like the interests of the kids is much of a factor in the old system.

    How would you feel if your kids had to take a three hour bus ride to school in a different city due to the colour of their skin?

    I’m no fan of Justice Roberts, but I find it hard to argue with what he wrote:

    “Before Brown, schoolchildren were told where they could and could not go to school based on color of their skin. The school districts in these cases have not carried the heavy burden of demonstrating that we should allow this once again — even for very different reasons.”

  32. ““Before Brown, schoolchildren were told where they could and could not go to school based on color of their skin.”

    As I’ve said before(and will no doubt say again) how do you work to created a racially balanced school system, without taking race as a factor. I wish it didn’t have to believe this way, but it is this way. Probably will be for another 100 years.

    I agree that these plans could have demonstrated a little more common sense. But the plan did work, and the quality of education and life experiences went up for 95% of the children involved.

  33. Have you seen this?

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    “To bolster her discrimination complaint with the state, Kelly included photos allegedly showing the company’s top two human resources executives dressed up for the 2005 corporate Halloween party as a black pimp and a white prostitute. The “pimp,” a white woman wearing blackface and sporting a fake gold tooth, won the prize for best costume, the complaint said.”

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  34. Today is Thurgood Marshall’s 99th birthday and I bet he’s spinning in his grave over this.

  35. Farhat:

    In the US, it seems blacks are responsible more for segregation than whites.

    Read “Sundown Towns” by James Loewen–there’s got to be a copy at your local library. If not, then Amazon is well stocked.

    Then come back here and try to say that again.

  36. I don’t believe Washington DC was ever a sundown town. Anyway, a lot of minorities self-segregate. It is an easily observed phenomenon. I see efforts to integrate them as more of a “white man’s burden” kind of thing. Not wrong, but I would prefer people were honest about it. The culture of anti-intellectualism runs far deeper in American black communities than others. I used to teach undergrads as a grad student, and the occasional black student who was good had almost no black friends. Other black students tended to shun them. This was not seen among blacks who were recent immigrants, or kids of recent immigrants from Africa, which means that their low scores weren’t anything to do with race, but with what their parents or community had imbued them with.

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