The Uncertain Future of School Desegregation and the Importance of Good Will, Good Sense, and a Misguided Decision

Catholic University Law Review, Vol. 57, p. 947, 2008

44 Pages Posted: 14 Oct 2011  

Derek W. Black

University of South Carolina - School of Law

Date Written: October 13, 2011

Abstract

The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article also points out that only a limited number of schools were pursuing voluntary desegregation prior to Parents Involved and that even among these districts, the plans were not aggressive. Thus, the decision might change little in terms of current practices, but would serve as a disincentive in the future.

Keywords: grutter, parents involved, voluntary desegregation, diversity, affirmative action, racial isolation, integration, desegregation

Suggested Citation

Black, Derek W., The Uncertain Future of School Desegregation and the Importance of Good Will, Good Sense, and a Misguided Decision (October 13, 2011). Catholic University Law Review, Vol. 57, p. 947, 2008. Available at SSRN: https://ssrn.com/abstract=1943617

Derek W. Black (Contact Author)

University of South Carolina - School of Law ( email )

Main & Greene Streets
Columbia, SC 29208
United States

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