I hope that the ghost of Chief Justice Earl Warren rises from his grave to haunt the Supreme Court. Prepare to set your clocks back fifty years.
To be fair, I haven’t read the actual decision (PDF link). I’ll try to do so tomorrow and have more commentary then.
Addendum: Sigh. The PDF above is 185 pages, and I don’t have the time at the moment to go through it and develop a more informed opinion. I surfed on over to SCOTUSblog, and read some of their commentary. From this post::
One reading of todayâ€™s decision in the race cases is that the Supreme Court has outlawed programs that seek to increase racial diversity in the schools. Justice Kennedyâ€™s concurrence does not adopt that view, however. And because his is the fifth vote, it is controlling. The better view, I think, is that the Court today has come close to extending the Grutter model to the lower school context, holding that school districts may account for race as one factor among many in student placement.