U.S. Supreme Court Revisit Brown vs Board of Education

The fact that schools are experiencing a re-segregation and it is not out right because of a direct state law, the U.S. Supreme Court in a majority vote of 5-4 remanded diversity plans from SeattleSchool District and Jefferson County School Board to be revised. Seattle and Jefferson County used only two categories of race for determining how they would implement their diversity programs. And because of the small number of students who were impacted the majority suggested other alternatives should have been considered beyond solely using race to create a diverse student body,especially when the schools already have a diverse student body from other groups of students.

Yes races of other students.


The majority opinioned that schools using race only or using a certain percentage of a racial classification appears to be a form of racial balancing. The Court suggested that racial balancing is in violation of the U.S. Constitution. Furthermore, the Court expressed the concern that using the race of an individual to assign or transfer to a particular school violated what Brown vs. Board of Education was attempting to remedy, the badge of inferiority. Surprising is the fact that the Court only lifted language, of the badge of inferiority from Brown. The Court missed what child was being discussed in Brown. According to Brown,

Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system. Brown, 347 U.S. at 494.

To separate [Black children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case . . . . Brown, 347 U.S. at 494.

It was an African-American child who was excluded by state law from attending any schools with other children who were raced white only. The Court thought it was wise to look backward to Brown in justifying its ruling. Yet, at the same time the same Court admonishes schools today that they should not look backward at the old percentage used in earlier plans. The reason is that the old percentages included only two categories during Brown-Negro or Caucasian. The schools today are made up of groups of Latinos, Asians, African-Americans and Raced Whites. Therefore this Court linguistically overlooked the ruling in Swann by denying schools facing re-segregation to simply change their percentages to increase the number of raced whites in to the school in order to reduce the number of African-Americans in these re-segregated schools

There is a reason, because under Swann, percentages were allowed to integrate schools.

Nevertheless, the Court recognize that it not state a law that is causing a re-segregation of the schools when it suggests housing patterns are the cause of re-segregation of students. And even though housing patterns may cause racial isolation preventing racial isolation is not a state compelling interest. Nevertheless, the objective of diversity was to create an educational benefit for students by creating a diverse student body. Moreover, to ignore the fact that racial isolation does not create a diverse student body nullify the state interest in achieving it objective. African-American students were oppressed under Brown because there was no such thing as diversity in the student body during that time period. Joshua who was raced white was not being denied the opportunity to attend schools with other African-American students, therefore Joshua had no badge of inferiority when he was assigned to another school because of his race.