FREQUENTLY ASKED QUESTIONS AND NAACP LEGAL DEPARTMENT RESPONSES ABOUT THE LOUISVILE & SEATTLE VOLUNTARY DESEGREGATION CASES IN U.S. SUPREME COURT
1). The Supreme Court is slated to hear the case against Louisville, KY and Seattle, WA school districts. How significant is this case? And, based on the court's decision, how will this case affect future school affirmative action rulings?
Answer: THESE CONSOLIDATED CASES ARE SIGNIFICANT BECAUSE THE U.S. SUPREME COURT HAS NOT YET RULED ON A VOLUNTARY DESEGREGATION PLAN IN THE K-12 CONTEXT. HOW THE JUSTICES DECIDE THESE CASES COULD PROVIDE GUIDANCE TO SCHOOL BOARDS THAT WANT TO DO THE RIGHT THING AND AN EXCUSE FOR THOSE NOT SO INCLINED.
2) What is the NAACP's basic position regarding this case?
Answer: THE ASSOCIATION SUPPORTS THE USE OF RACE AS A FACTOR IN AFFIRMATIVE ACTION. WE SUPPORT PRO-INTEGRATION POLICIES. SUCH POLICIES, OF WHICH VOLUNTARY STUDENT ASSIGNMENT PLANS MAY CONSTITUTE ONE FORM, ARE CRITICALLY IMPORTANT BECAUSE U.S. SCHOOLS ARE BECOMING MORE SEGREGATED IN ALL REGIONS FOR AFRICAN AMERICAN AND LATINO STUDENTS; BECAUSE MOST MINORITY STUDENTS ATTENDING INTENSELY SEGREGATED SCHOOLS EXPERIENCE CONCENTRATED POVERTY AND UNEQUAL EDUCATIONAL OPPORTUNITIES; AND BECAUSE RACIAL DIVERSITY IN THE SCHOOL SYSTEM IS IMPORTANT TO HELPING TO ENSURE THAT STUDENTS ARE PREPARED TO ENTER A MULTIRACIAL, MULTIETHNIC WORKFORCE. LOUISVILLE AND JEFFERSON COUNTY, KY HAVE DONE SOMETHING OTHER PLACES AROUND THE COUNTRY SHOULD CONSIDER MODELING. THEY'VE CREATED A COUNTYWIDE DISTRICT (THOUGH THEY HAD A LITTLE HELP FROM A COURT THAT ORDERED AN INTERDISTRICT REMEDY). MORE COMMUNITIES SHOULD CONSIDER POLITICAL REMEDIES FOCUSING ON METROPOLITAN REGIONALISM—THE COORDINATION OF PUBLIC POLICIES AND SHARING OF FISCAL RESOURCES ACROSS MUNICIPALITIES THAT HAS THE POTENTIAL TO BREACH CONTINUING TRENDS TOWARD RACIAL ISOLATION OF STUDENTS OF COLOR AND WHITE STUDENTS.
3) What role will the NAACP Legal Department play in this case?
Answer: THE NAACP WAS NOT A PARTY IN THE SEATTLE OR LOUISVILLE CASES. WE ARE, HOWEVER, INTERESTED IN THE OUTCOMES AND ARE PREPARING AN AMICUS CURIAE BRIEF (ALSO KNOWN AS A "FRIEND OF THE COURT BRIEF"). THE PURPOSE OF AN AMICUS BRIEF, WHICH IS FILED BY A NONPARTY, IS TO, HOPEFULLY, INFLUENCE ONE OR MORE JUSTICES IN HOW THEY THINK ABOUT AND, ULTIMATELY, DECIDE THE CASE.
4) How does this challenge undermine the integration system, which was set in place after the Brown vs. Board of Education decision?
Answer: ONE REASON PRO-INTEGRATION PLANS ARE SO IMPORTANT IS THAT IN TOO MANY PLACES AROUND THE COUNTRY, THE POST-BROWN EXPERIMENT WITH INTEGRATION (ACTUALLY DESEGREGATION) LEAVES MUCH TO BE DESIRED. THE CHALLENGES TO AFFIRMATIVE ACTION PROVIDE US WITH OPPORTUNITIES:
* TO MAKE WHITE CLASS PRIVILEGE VISIBLE
* TO REVEAL HOW TESTS ARE INCREASINGLY USED AS NEW BARRIERS TO OPPORTUNITY
* TO DISABUSE THE PUBLIC OF THE BELIEF THAT ATTENTION TO CLASS ALONE WILL SOLVE THE AFFIRMATIVE ACTION CRISIS
* TO WORK WITH SCHOOL DISTRICTS TO DEVELOP PLANS THAT SATISFY CONSTITUTIONAL REQUIREMENTS WHILE ENCOURAGING THE COURTS TO CONSTRUE OUR CONSTITUTION IN A MANNER THAT CONTINUES TO SUPPORT THE USE OF RACE IN AFFIRMATIVE ACTION BY PUBLIC-SECTOR ENTITIES.
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