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By Dennis Byrne
RealClearPolitics
"The premise is laid for the resegregation of America and the denial of opportunity. ... Inheritance and access will not be counterbalanced by equal protection." - the Rev. Jesse Jackson on the Supreme Court decision that race alone cannot be used to assign students to schools.
Oh, baloney. It does nothing of the sort, and Jackson knows it. So do the ideologues that are piling on the court's 5-to-4 majority with veiled predictions of a return to the days of Jim Crow and the intentional legal discrimination against African-Americans. According to these doomsayers, the landmark case, Brown v. Topeka Board of Education, which banned racial segregation in schools, has been knifed. Hooded cross-burners to follow.
If anything, the Court's decision voiding racial assignment plans in Louisville and Seattle affirms and polishes Brown by extending the equal protection provisions of the Constitution's 14th Amendment beyond minorities, to everyone, including white students. The clarification was long in coming.
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1 comment:
Leaving aside my disagreement with the merits of this case, this is sad because of the politicization of the court. What happened to stare decisis? Do we really want a situation where every time the ideological balance of the court changes, they overturn every decision that came before it (and Scalia is correct when he criticizes his fellow justices in the majority for not being honest that they are indeed overturning past decisions).
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