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GUESTS: Anurima Bhargava, Assistant Counsel, NAACP Legal Defense & Educational Fund, Inc., Jody Leung, a student at James Logan High School and a winner of an national essay contest, called “Does Diversity Matter” by National Campaign to Restore Civil Rights

In the final week of its 2007 term, the Supreme Court ruled last Thursday that voluntary racial de-segregation programs were unconstitutional. In a narrow 5-4 decision, the high court decided against public school districts in Louisville, Kentucky and Seattle Washington that utilized voluntary race-based integration programs. Parents from both school districts had sued on the grounds that the programs were discriminatory. Chief Justice John Roberts noted, in his opinion, that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” The court’s decision limits the ability of public school districts to achieve racial integration and could affect school districts with similar programs. However, race as a criterion was not completely erased by the Supreme Court ruling – the use of race remains acceptable in certain limited circumstances. The ruling and the positions taken by both Samuel Alito and John Roberts confirmed fears of President Bush’s new appointees shifting the high court significantly to the right. Others feel that the court’s decision essentially undermines the landmark ruling of Brown vs. Board of Education.