1. Furthermore, it is unclear whether increased interracial contact improves racial attitudes and relations. The Courts misuse of the three-tiered approach to Equal Protection analysis merely reconfirms my own view that there is only one such Clause in the Constitution. Unlike de jure segregation, there is no ultimate remedy for racial imbalance. IV); 34 CFR 280.2, 280.4 (2006) (implementing regulations). For one thing, consider the effect of the pluralitys views on the parties before us and on similar school districts throughout the Nation. And their history reveals school district goals whose remedial, educational, and democratic elements are inextricably intertwined each with the others. Therefore, it is not nearly as apparent as the dissent suggests that increased interracial exposure automatically leads to improved racial attitudes or race relations. 05908, pp. But Louisville should be able to answer the relevant questions on remand. of Springfield v. Board of Ed., 362 Mass. The justification for race-conscious remedies in McDaniel is therefore not applicable here. 2. Nothing but an interest in classroom aesthetics and a hypersensitivity to elite sensibilities justifies the school districts racial balancing programs. The districts also quote with approval an in-chambers opinion in which then-Justice Rehnquist made a suggestion to the same effect. The Seattle school districts Website formerly contained the following definition of cultural racism: Those aspects of society that overtly and covertly attribute value and normality to white people and whiteness, and devalue, stereotype, and label people of color as other, different, less than, or render them invisible. The District contends that these requirements are not met in this case. From the standpoint of the victim, it is true, an injury stemming from racial prejudice can hurt as much when the demeaning treatment based on race identity stems from bias masked deep within the social order as when it is imposed by law. The districts point to dicta in a prior opinion in which the Court suggested that, while not constitutionally mandated, it would be constitutionally permissible for a school district to seek racially balanced schools as a matter of educational policy. See Swann v. Charlotte-Mecklenburg Bd. In "Parents Involved in Community Schools v. Seattle School District No. No. One schoolGarfieldis more or less in the center of Seattle. Indeed, it is a cruel distortion of history to compare Topeka, Kansas, in the 1950s to Louisville and Seattle in the modern dayto 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). Their decision leaves thousands Parents Involved in Community Schools (PICS) (plaintiff) were parents of students denied assignment to particular schools under these plans solely because of their race. by it. Louisville asserts several similar forward-looking interests, Brief for Respondents in No. See 377 F.3d 949, 10051006 (CA9 2004) (Parents Involved VI) (Graber, J., dissenting). For the reasons discussed above, however, I disagree with Justice Kennedy that Seattle and Louisville have not done enough to demonstrate that their present plans are necessary to continue upon the path set by Brown. And what of laws concern to diminish and peacefully settle conflict among the Nations people? If we are to insist upon unanimity in the social science literature before finding a compelling interest, we might never find one. Third, the plans before us, subjected to rigorous judicial review, are supported by compelling state interests and are narrowly tailored to accomplish those goals. Instead of accommodating different good-faith visions of our country and our Constitution, todays holding upsets settled expectations, creates legal uncertainty, and threatens to produce considerable further litigation, aggravating race-related conflict. 23 (OCR, Apr. Other studies reach different conclusions. The student assignment plan of Seattle Public Schools and Jefferson County Public Schools does not meet the narrowly tailored and compelling interest requirements for a race-based assignment plan because it is used only to achieve "racial balance." of Ed., 369 F.2d 55, 61 (CA6 1966), cert. Swann addresses only a possible state objective; it says nothing of the permissible meansrace conscious or otherwisethat a school district might employ to achieve that objective. History should teach greater humility. 6th ed. I describe those histories at length in order to highlight three important features of these cases. 05915, at 38 (Decisions to assign students to schools within each cluster are based on available space within the [elementary] schools and the racial guidelines in the Districts current student assignment plan); id., at 82 (acknowledging that a student may not be assigned to his or her resides school if it has reached the extremes of the racial guidelines). See Brown v. Board of Education, 349 U. S. 294, 300 (1955) (Brown II) (At stake is the personal interest of the plaintiffs in admission to public schools on a nondiscriminatory basis (emphasis added)). Thus, the democratic interest, limitless in scope and timeless in [its] ability to affect the future, id., at 276 (plurality opinion), cannot justify government race-based decisionmaking. That is, it is not in all circumstances strict in theory, but fatal in fact. Id., at 237 (quoting Fullilove v. Klutznick, 448 U. S., at 519 (Marshall, J., concurring in judgment)). See Brief for Petitioner at 26. The District further argues that the plan passes muster under the strictest scrutiny. No one claims that (the relevant portion of) Louisvilles plan was unlawful in 1996 when Louisville adopted it. 05908, at 38a. The statute establishing MSAP permits granting federal grants to magnet programs that seek to decrease minority group isolation. 20 U.S.C. While diversity may lend to a robust education, parents and students have their own opinions on what factors promote the best education possible. 05908, p. 7. These include the facially race-neutral means set forth above or, if necessary, a more nuanced, individual evaluation of school needs and student characteristics that might include race as a component. Reply Brief for Petitioner in No. Court-Imposed Guidelines and Busing, 1972 to 1991. Observers claim that the Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No. Interpreting that States Constitution, the Connecticut Supreme Court has held legally inadequate the reliance by a local school district solely upon some of the techniques Justice Kennedy today recommends (e.g., reallocating resources, etc.). Race is defined as Black and "Other". Sociological Rev., No. Swann, supra, at 6; see also Green v. School Bd. The Jefferson County Board of Education fails to meet this threshold mandate when it concedes it denied Joshuas requested kindergarten transfer on the basis of his race under its guidelines, yet also maintains that the guidelines do not apply to kindergartners. Pp. Parents Involved, the Court noted that: Seattle and Louisville had not demonstrated that they seriously considered race-neutral alternatives; the individual racial classifications used had a minimal impact that cast doubt on their necessity; the districts defined 51, p. 349 (J. Cooke ed. See Sheff v. ONeill, 238 Conn. 1, 678 A. Hundreds of state and federal statutes and regulations use racial classifications for educational or other purposes. The District Court granted summary judgment to the school district, finding that state law did not bar the districts use of the racial tiebreaker and that the plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling government interest. See Juris. [Footnote 13] See Jenkins, 515 U. S., at 121122 (Thomas, J., concurring) ([T]here is no reason to think that black students cannot learn as well when surrounded by members of their own race as when they are in an integrated environment). Upon realizing that the litigation would not be resolved in time for assignment decisions for the 20022003 school year, the Ninth Circuit withdrew its opinion, 294 F.3d 1084 (2002) (Parents Involved III), vacated the injunction, and, pursuant to Wash. Rev. Is Seattle free on remand to say that its schools were de jure segregated, just as in 1956 a memo for the School Board admitted? Nor is it likely to find such a case. The orders requirements reflected a (newly enlarged) school district student population of about 135,000, approximately 20% of whom were black. 1, pp. [Footnote 8]. 05908, at 30a. In 2000, for example, Roosevelt was the most popular first choice high school in Seattle; in 2001, Ballard was the most popular; in 2000, West Seattle was one of the least popular; by 2003, it was one of the more popular. For example, in Wygant v. Jackson Bd. Research J., No. of Ed., 402 U. S. 1, 24 (1971) (The constitutional command to desegregate schools does not mean that every school in every community must always reflect the racial composition of the school system as a whole), and here Jefferson County has already been found to have eliminated the vestiges of its prior segregated school system. 2, pp. Friends of the Earth v. Laidlaw, 528 U.S. 167, 189 (2000). In such cases, race-based remedial measures are sometimes required. Independent School Dist., 719 S.W. 2d 350, 352353 (Tex. org/area/equityandrace/whiteprivilegeconference.xml. To McDaniel? First, in schools that were formerly segregated by law, race-based measures are sometimes constitutionally compelled to remedy prior school segregation. As these programs demonstrate, every time the government uses racial criteria to bring the races together, post, at 29, someone gets excluded, and the person excluded suffers an injury solely because of his or her race. L. 95561, Tit. Subsequent to the District Courts dissolution of the desegregation order (in 2000) the board simply continued to implement its 1996 plan as modified to reflect the courts magnet school determination. The context here is one of racial limits that seek, not to keep the races apart, but to bring them together. Id. But see ante, at 29. Then-Justice Rehnquist, in denying emergency relief, stressed that equitable consideration[s] counseled against preliminary relief. For the next decade, annual program transfers remained at approximately this level. Absent searching judicial inquiry into the justification for such race-based measures, there is simply no way of determining what classifications are benign or remedial and what classifications are in fact motivated by illegitimate notions of racial inferiority or simple racial politics. Richmond v. J. tui salary cabin crew. 05-908 v. SEATTLE SCHOOL DISTRICT NO. of Jefferson Cty., 489 F.2d 925, 932 (CA6), vacated and remanded, 418 U. S. 918, reinstated with modifications, 510 F.2d 1358, 1359 (CA6 1974), and in 1975 the District Court entered a desegregation decree. At the time, however, Young Elementary was 46.8 percent black. Schools argue that a diverse environment teaches students tolerance and respect, and the exposure to diverse viewpoints enhances education and dispels stereotypes. Opposition to Writ of Certiorari at 2021. No. Adarand, supra, at 227. Richmond v. J. The upshot is that these plans specific features(1) their limited and historically-diminishing use of race, (2) their strong reliance upon other non-race-conscious elements, (3) their history and the manner in which the districts developed and modified their approach, (4) the comparison with prior plans, and (5) the lack of reasonably evident alternativestogether show that the districts plans are narrowly tailored to achieve their compelling goals. Pp. First, the histories of Louisville and Seattle reveal complex circumstances and a long tradition of conscientious efforts by local school boards to resist racial segregation in public schools. Cf. As a matter of social experimentation, the laws in question must satisfy the requirements of the Constitution. The term racial imbalance refers to a ratio between nonwhite and other students in public schools which is sharply out of balance with the racial composition of the society in which nonwhite children study, serve and work. When a court subjects governmental action to strict scrutiny, it cannot construe ambiguities in favor of the government. The Seattle Plan achieved the school integration that it sought. The only support todays dissent can draw from Grutter must be found in its various separate opinions, not in the opinion filed for the Court. However, if the Court decides that Grutter and Gratz apply in the secondary education context, school districts will still be able to use race as a factor, but in a different way than it is used in the Seattle School Districts plan: race could only be used as a plus in the evaluation of the applicants potential to contribute to the overall diversity of the school. Finally, I recognize that the Court seeks to distinguish Grutter from these cases by claiming that Grutter arose in the context of higher education. Ante, at 16. The districts have also failed to show that they considered methods other than explicit racial classifications to achieve their stated goals. 05908, at 299a301a; Affidavit of Kathleen Brose Pursuant to this Courts Rule 32.3 (Lodging of Petitioner Parents Involved), and the complaint sought declaratory and injunctive relief on behalf of Parents Involved members whose elementary and middle school children may be denied admission to the high schools of their choice when they apply for those schools in the future, App.

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