“History Will Be Heard”: An Appraisal of the Seattle/Louisville Decision

By GOODWIN LIU

The Supreme Court’s recent decision on voluntary school desegregation can be read at many levels. Doctrinally, the Court adopted a stringent view of narrow tailoring that forbids the use of racial classifications to integrate public schools except as “a last resort,” even as five Justices agreed that school districts have a compelling interest in “avoiding racial isolation” and in “achiev[ing] a diverse student population.” As a practical matter, the Court has made racial integration more difficult for school districts, although the efficacy of the race-conscious strategies left open by Justice Kennedy’s controlling opinion remains to be seen.

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