The Supreme Court and Diversity
Editor’s Note: Roger Clegg is president and general counsel of the Center for Equal Opportunity, which joined an amicus brief in each of the school cases decided by the Supreme Court.
Last week the Supreme Court ruled that the race-based assignments made by the school districts in Seattle and Louisville were unconstitutional. Five justices voted for that bottom line, and that’s good news. But the fact that parts of the opinion written by Chief Justice Roberts–and joined in its entirety by Justices Scalia, Thomas, and Alito–were not joined by Justice Kennedy, who wrote separately, makes it necessary to do a close and careful read of the two opinions.
These cases dealt with efforts by public school officials to achieve more “diversity” by assigning students based on their race. But they may have an impact on higher education as well.