Home
In this issue

July 2, 2009

Rabbi Abraham J. Twerski: The hallmark of a person

Abe Novick: Up, up, and aliya

July 1, 2009

Rabbi Avi Shafran: The Road Taken

The Kosher Gourmet by Marialisa Calta: Get into the holiday spirit with these Star-Spangled desserts

June 30, 2009

Rabbi Binyomin Ginsberg: What makes a great parent?

Caroline B. Glick: Ideologue-in-Chief

June 29, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Beware of 'Caveat Emptor'

Steven Emerson: ACLU pushing for more money for Hamas

June 26, 2009

Rabbi Yoni Posnick: Learn the secret to a healthy marriage from a scriptural villain

Caroline B. Glick: Barack Obama vs. International Law

June 25, 2009

Rabbi Shimon Apisdorf: The Absurd Power of Truth

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 24, 2009

Rabbi Yonason Goldson: Advancement of technology is a wake-up call for humanity

The Kosher Gourmet by Andrea Weigl: Summer on a stick: Making frozen treats can be easy, creative and fun

June 23, 2009

Martin M. Bodek: 'On Surnames': And so, We Begin

Caroline B. Glick: The Obama Effect

June 22, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Working for a corrupt firm

N. Richard Greenfield : Where are American Jews?

June 19, 2009

Rabbi Abraham J. Twerski: Emotion v. intellect

Caroline B. Glick: Israel's rare opportunity

June 18, 2009

Jonathan Rosenblum: Sometimes it is more essential to define the nature of evil than good

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 17, 2009

Rabbi Yonason Goldson: The Language of Confusion

The Kosher Gourmet by Linda Gassenheimer: Nothing pleases Dad more than a thick, juicy onion-smothered steak. Add home-Baked Potato Chips and …

June 16, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Career v. Careersism

Caroline B. Glick: Obama's losing streak and Israel

Richard Z. Chesnoff: ‘Palestinians’: Never Missing an Opportunity …

June 15, 2009

Israeli Prime Minister Binyamin Netanyahu: How Judea and Samaria can become 'Palestine'

Daniel Pipes: Where Netanyahu's speech failed

June 12, 2009

Rabbi Abraham J. Twerski: Some big thoughts about not acting so big

Caroline B. Glick: Obama's High Commissioner

June 11, 2009

Victor Davis Hanson: Our historically challenged President

Mitch Albom: Beware the True Believers

Lewis Grossberger: What we learn from the new Hitler photos

June 10, 2009

Mort Zuckerman: What Obama and his advisors won't -- or refuse to -- grasp about Israel and the Muslim world

The Kosher Gourmet by Steve Petusevsky Lotsa pasta: Tips, techniques and (amazing) taste

June 9, 2009

Anne Bayefsky: Obama's stunning offense to Israel and the Jewish people

Frank J. Gaffney, Jr.: America's first Muslim president?

June 8, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Merchant must take responsibility for careless shopper?

Mark Steyn: A superpower that feeds on mediocrity cannot survive for long on leftovers from the past

Richard Z. Chesnoff: How do you say 'kumbaya' in Arabic?

June 5, 2009

Rabbi Abraham J. Twerski: In quest of spirituality

Caroline B. Glick: Obama's Arabian dreams

Charles Krauthammer: The Settlements Myth

June 4, 2009

Paul Greenberg: The War Comes to Little Rock

The Kosher Gourmet by Judy Hevrdejs: Splash it on! Tap your inner jazz musician and improvise when stirring up a vinaigrette

June 3, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Should terrible teacher be exposed?

Jonathan Rosenblum: The Israel Lobby: Missing in Action

June 2, 2009

Dennis Prager: The Speech President Obama Won't Dare Give in Egypt

Frank J. Gaffney, Jr.: Pressure on Israel raises war risk

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review July 5, 2007 / 19 Tamuz, 5767

The high court restores the promise of Brown v. Board of Education

By George Will


Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | For most of the 53 years since the Supreme Court's school desegregation decision, the court, in collaboration with people who fancy themselves "progressive," has been instructing Americans to unlearn the lesson of those decisions — the lesson that race must not be a source of government-conferred advantage or disadvantage. Last week the court began rectifying its abandonment of that premise in the name of "diversity."


The court ruled 5-4 that Seattle, which never had school segregation, and Louisville, which did but seven years ago completed judicially mandated remedial measures, must stop using race in assigning children to schools to produce particular racial ratios in enrollments. How did we get from this: "Distinctions by race are so evil, so arbitrary and invidious that a state bound to defend the equal protection of the laws must not invoke them in any public sphere" (the NAACP's brief, written by Thurgood Marshall, in the 1954 Brown v. Board of Education desegregation case), to this: Local public education establishments routinely taking cognizance of race in assigning children to schools?


In 1978, in the Bakke case concerning racial preferences in a medical school's admissions, Justice Lewis Powell wrote that institutions of higher education have a First Amendment right — academic freedom — to use race as one "plus" factor when shaping their student bodies to achieve viewpoint diversity. Thus was born the "educational benefits" exception to the Constitution's guarantee of equal protection of the laws. But that hardly justifies Seattle and Louisville assigning 6-year-olds to this or that school solely because of their races.


Twenty-five years after Bakke, in 2003, the court approved the University of Michigan Law School's use of race in admissions, because that use supposedly involves a "highly individualized, holistic review" of applicants. The court simultaneously disallowed Michigan's undergraduate admissions plan that automatically granted preferences based solely on race — as Seattle and Louisville have done in grades K through 12.


FREE SUBSCRIPTION TO INFLUENTIAL NEWSLETTER

Every weekday NewsAndOpinion.com publishes what many in the media and Washington consider "must-reading". HUNDREDS of columnists and cartoonists regularly appear. Sign up for the daily update. It's free. Just click here.

Samuel Alito, Antonin Scalia and Clarence Thomas joined Chief Justice John Roberts' opinion for the court, in which Roberts said: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race." Anthony Kennedy, although agreeing that Seattle's and Louisville's practices are unconstitutional, chastised Roberts for an "all-too-unyielding" opposition to race-based programs. Yet when dissenting in the law school case, Kennedy said: "Preferment by race, when resorted to by the state, can be the most divisive of all policies, containing within it the potential to destroy confidence in the Constitution and in the idea of equality."


Sandra Day O'Connor, writing the majority's opinion in that 2003 case, breezily asserted that in 25 years racial preferences would not be "necessary" to further diversity. But diversity preferences appeal to race-obsessed social engineers — a cohort particularly prevalent among today's educators — precisely because the diversity rationale never expires. The diversity project is forever a work in progress.


Seattle's "race-conscious" policies were devised by the sort of people who proclaimed on the school district's Web site that "having a future time orientation" (planning ahead), "emphasizing individualism as opposed to a more collective ideology" and "defining one form of English as standard" constitute "cultural racism" and "institutional racism" and arises from "unsuccessful concepts such as a melting pot or colorblind mentality."


Stephen Breyer, in a dissent joined by Ruth Bader Ginsburg, David Souter and John Paul Stevens, said the court should be deferential to such people when they shuffle pupils on the basis of race.


Why race? Although progressive people would never stoop to racial stereotyping, they evidently believe that any black or other minority child, however young, or from whatever social background, makes a predictable and distinctive — you might say stereotypical — contribution to "diversity."


Breyer said that last week's decision abandons "the promise of Brown." Actually, that promise — a colorblind society — has been traduced by the "diversity" exception to the Equal Protection Clause. That exception allows white majorities to feel noble while treating blacks and certain other minorities as seasoning — a sort of human oregano — to be sprinkled across a student body to make the majority's educational experience more flavorful.


This repulsive practice merits Clarence Thomas' warning in his opinion concurring with last week's ruling: Beware of elites eager to constitutionalize "faddish social theories." Often, they are only theories.


As Roberts said, Seattle and Louisville offered "no evidence" that the diversity they have achieved (by what he has called the "sordid business" of "divvying us up by race") is necessary to achieve the "asserted" educational benefits.


Evidence is beside the point. The point for race-mongering diversity tinkerers is their professional and ideological stake in preventing America from achieving "a colorblind mentality."

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

George Will's latest book is "With a Happy Eye but: America and the World, 1997-2002" to purchase a copy, click here. Comment on this column by clicking here.

Archives

© 2006 WPWG

Insight (Our Columnists)

 Mitch Albom
 Michael Barone
  Dave Barry
 Tony Blankley
 Andy Borowitz
 David Broder
 Stratfor Briefing
 Mona Charen
 Linda Chavez
 Ann Coulter
 Greg Crosby
 Rod Dreher
 Larry Elder
 Suzanne Fields
 John Fund
 Frank J. Gaffney
 Lloyd Garver
 Jonah Goldberg
 Julia Gorin
 Jonathan Gurwitz
 Paul Greenberg
 Lewis Grossberger
 Victor Davis Hanson
 Betsy Hart
 Nat Hentoff
 David Horowitz
 Laura Ingraham
 Paul Johnson
 Jack Kelly
 Ed Koch
 Ch. Krauthammer
 Jonathan Last
 Michael Ledeen
 John Leo
 David Limbaugh
 Kathryn Lopez
 Rich Lowry
 Michelle Malkin
 Jackie Mason
 Dick Morris
 Bill O'Reilly
 Jim Mullen
 Clarence Page
 Kathleen Parker
 Dennis Prager
 Wesley Pruden
 Tom Purcell
 Jonathan Rauch
 Celia Rivenbark
 Robert Robb
 Cokie & Steve Roberts
 Pat Sajak
 Debra J. Saunders
 Culture Shlock
 Roger Simon
 Michael Smerconish
 Thomas Sowell
 Mark Steyn
 John Stossel
 Cal Thomas
 Bob Tyrrell
 Diana West
 Dave Weinbaum
 George Will
 Walter Williams
 Byron York
 Mort Zuckerman

'Toons
 Robert Arial
 Chuck Asay
 Baloo
 Chip Bok
 Dry Bones
  Lisa Benson
 John Branch
 Gary Brookins
 John Cole
 J. D. Crowe
 John Deering
 Brian Duffy
 Everything's Relative
 Mallard Fillmore
 Jake Fuller
 Bob Gorrel
 Joe Heller
 David Hitch
 Jerry Holber
 Steve Kelley
 Jeff Koterba
 Dick Locher
 Chan Lowe
 Ranan R. Lurie
 Jimmy Margulies
 Rick McKee
 Michael Ramirez
 Kevin Siers
 Jeff Stahler
 Ed Stein
 Danna Summers
 John Trever
 Gary Varvel
 Kirk Walters

Lifestyles
 How 2
 Lori Borgman
 The Savvy Consumer
 Elder matters
 Fixit
 Dr. Peter Gott
 Marybeth Hicks
 GET A JOB! by Marty Nemko
 Richard Lederer
 Tech Maven
 Every Monday Matters
 Nutrition Myths
 Bookmark These
 Bruce Williams
 How Stuff Works