In June of last year, a conservative majority of the Supreme Court, in a 5-to-4 decision, declared the racial-integration efforts of two school districts unconstitutional. Seattle and Louisville, Ky., could no longer assign students to schools based on their race, Chief Justice John Roberts wrote in his lead opinion in Meredith v. Jefferson County School Board (and its companion case, Parents Involved in Community Schools v. Seattle School District No. 1). Justice Stephen Breyer sounded a sad and grim note of dissent. Pointing out that the court was rejecting student-assignment plans that the districts had designed to stave off de facto resegregation, Breyer wrote that “to invalidate the plans under review is to threaten the promise of Brown.” By invoking Brown v. Board of Education, the court’s landmark 1954 civil rights ruling, Breyer accused the majority of abandoning a touchstone in the country’s efforts to overcome racial division. “This is a decision that the court and the nation will come to regret,” he concluded.
Breyer’s warning, along with even more dire predictions from civil rights groups, helped place the court’s ruling at the center of the liberal indictment of the Roberts court. In Louisville, too, the court’s verdict met with resentment. Last fall, I asked Pat Todd, the assignment director for the school district of Jefferson County, which encompasses Louisville and its suburbs, whether any good could come of the ruling. She shook her head so hard that strands of blond hair loosened from her bun. “No,” she said with uncharacteristic exasperation, “we’re already doing what we should be.”
Todd was referring to Louisville’s success in distributing black and white students, which it does more evenly than any district in the country with a comparable black student population; almost every school is between 15 and 50 percent African-American. The district’s combination of school choice, busing and magnet programs has brought general, if not uniform, acceptance — rather than white flight and disaffection, the legacy of desegregation in cities like Boston and Kansas City, Mo. The student population, which now numbers nearly 100,000, has held steady at about 35 percent black and 55 percent white, along with a small and growing number of Hispanics and Asians.
Former Madison Superintendent Art Rainwater was a principal and assistant Superintendent in Kansas City.