Education

  • May 13, 2014
    Guest Post

    by Erwin Chemerinsky, Dean and Distinguished Professor of Law, Raymond Pryke Professor of First Amendment Law, University of California, Irvine School of Law

    *May 17 is the 60th Anniversary of the landmark Supreme Court opinion, Brown v. Board of Education. This post is part of an ACSblog symposium noting the landmark decision and exploring the ongoing inequalities in our society. 

    The sixtieth anniversary of the decision in Brown v. Board of Education, on May 17, is an occasion for celebrating what it accomplished and reflecting on how it failed. Brown began a social revolution that ultimately ended the apartheid and Jim Crow laws that segregated every aspect of life in the south and in many other places as well. Brown was a crucial part of the foundation for the Civil Rights Act of 1964 and the Voting Rights Act of 1965, the most important federal civil rights laws since Reconstruction.

    Yet, it is a mistake to think that Brown brought about an end to the enormous racial inequalities in American society. The most recent census data indicates that 9.7 percent of whites live below the poverty line, compared with 25.6 percent of Latinos and 27.22 percent of African–Americans. Seventeen percent of white children are in families below the poverty line, compared with 32.5 percent of Latino and 35.3 percent of African-American children. This is the legacy of slavery and Jim Crow laws and the racism that has existed throughout American history.

    It also is a reflection of the historic and continued inequality in American public education. The profound irony is that schools, the focus of Brown, are the area where racial segregation most persists. The tragic reality is that American public schools remain separate and unequal and are becoming ever more so.

  • April 24, 2014
    Guest Post

    by Gabriel J. Chin, Professor of Law, University of California Davis School of Law

    Schuette v. Coalition to Defend Affirmative Action (BAMN), decided this week, did not deal another blow to affirmative action, exactly, but it upheld an earlier attack. The justices, 6-2 with Justice Kagan recused, approved a Michigan law prohibiting voluntary affirmative action in higher education.  The eight participating justices issued five separate opinions. 

    In 2006, the voters of Michigan responded to the Court’s 2003 decision in Grutter v. Bollinger, allowing affirmative action to promote educational diversity by passing an initiative banning it.  The Coalition to Defend Affirmative Action, Integration and Immigration Rights and Fight for Equality By Any Means Necessary persuaded a panel of the Sixth Circuit, and then a majority of the court en banc, that Michigan’s ban was unconstitutional. The Sixth Circuit was on firm ground; Washington v. Seattle School District Number 1, a 1982 decision, invalidated an initiative banning voluntary bussing to achieve racial integration.  The laws at issue were, seemingly, indistinguishable: Both involved initiatives meant to squelch voluntary measures to achieve racial integration, in situations where remedies where not legally required. The Seattle case built upon earlier decisions invalidating anti-civil rights initiatives.

    I read Justice Kennedy, whose plurality opinion was joined by the Chief Justice and Justice Alito, as distinguishing Seattle School District Number 1 on a subtle point: the identity of the beneficiaries. Voluntary bussing to achieve integration has often been defended because it benefits the racial minorities or other disadvantaged pupils who are bussed. Prohibiting voluntary bussing harms minorities, and thus might be a subject of equal protection concern. The trick, though, is that since Bakke, in 1978, diversity has been the compelling interest justifying voluntary affirmative action in higher education. African-American students are not admitted under Bakke or Grutter primarily for their own benefit, but instead, for the benefit of other students – thus Richard Delgado’s famous observation that affirmative action is a “majoritarian device” for the benefit of whites. Since affirmative action in higher education cannot be primarily for the benefit of minorities, its elimination is also not necessarily to their disadvantage.  Thus, unlike this case, Justice Kennedy explained, the older cases in which the court invalidated initiatives “were ones in which the political restriction in question was designed to be used, or was likely to be used, to encourage infliction of injury by reason of race.”

  • April 24, 2014
    Guest Post

    by Liliana M. Garces, William C. Kidder and Gary Orfield

    Garces is an Assistant Professor of the Higher Education Program and Research Associate of the Center for Study of Higher Education at Penn State College of Education. Kidder is the Assistant Executive Vice Chancellor at UC Riverside. Orfield is the Professor of Education, Law, Political Science and Urban Planning and Co-Director of the Civil Rights Project/Proyecto Derechos Civiles at UCLA.

    Chief Justice Hughes famously said that a dissenting opinion is “an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.” Dred Scott, the Civil Rights Cases, Plessy, KorematsuIn these and other landmark race-related cases, dissenting Justices spoke eloquently to “the intelligence of a future day” in laying bare the errors in the holding and reasoning of the Court’s majority opinions.

    Justice Sotomayor’s dissenting opinion in Schuette, joined by Justice Ginsburg, is both brooding and compelling in the way it speaks to an intelligence of a future day, a day when, “as members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter.”

    We deeply regret the decision by the Supreme Court upholding Michigan’s ban on race-sensitive admissions as constitutional and overturning the Sixth Circuit’s en banc ruling that the referendum violated the federal constitutional guarantee of equal protection. On the heels of recent voting rights and campaign finance decisions—decisions that not only create enormous barriers but further weaken minority political power and increases the power of money—the Schuette ruling exemplifies how legal decisions can ignore the stark realities of our nation and the deep racial inequalities that continue to exist in America. 

  • April 14, 2014

     
    The Justice Department has accused the Albuquerque Police Department of “a pattern or practice of use of excessive force that routinely violated people’s constitutional rights.” Fernanda Santos at The New York Times reports on the 16-month investigation which found that “too often, the officers kicked, punched and violently restrained nonthreatening people … many of whom suffered from mental illnesses,” while other victims “were disabled, elderly or drunk.”
     
    Last week, the U.S. Court of Appeals for the Tenth Circuit heard oral arguments in Kitchen v. Herbert, a case challenging Utah’s ban on same-sex marriage. State officials filed an appeal after the U.S. District Court for the District of Utah held the ban to be unconstitutional last December. Writing for Jost on Justice, Kenneth Jost comments on the legal and “unmistakably personal” implications of the case.
     
    The Federal Trade Commission won an important victory in a case that challenged its authority to “regulate data security under the FTC Act.” Daniel Solove at Concurring Opinions breaks down Federal Trade Commission v. Wyndham Worldwide Corporation, et al.
     
    In a study conducted by the Center for American Progress, Jenny DeMonte and Robert Hanna reveal that in some areas, impoverished students are “less likely to receive highly effective teaching.” In their report, DeMonte and Hanna provide ways to combat this troubling inequality.  
     
    In an excerpt from Six Amendments: How and Why We Should Change the Constitution highlighted in The Washington Post, former Supreme Court Justice John Paul Stevens discusses the recent shooting massacres, the influence of the National Rifle Association and “the five extra words that can fix the Second Amendment.”
  • March 27, 2014
     
    During the 1950s, Victor Green wrote The Green Book, a travel guide listing restaurants and businesses that welcomed the patronage of African-Americans during the Jim Crow era. Writing for The American Prospect, Kent Greenfield—Professor of Law and Law Fund Research Scholar at Boston College Law School and Faculty Advisor for the Boston College Law School ACS Student Chapter—explains why, “after Tuesday’s arguments at the Supreme Court, we may need to dust off the Green Book and indeed initiate new editions for women, LGBT people, Muslims, and Jews.” 
     
    “The U.S. remains the only country in the world that imposes [life without parole] on children.” Steven M. Watt at the ACLU’s Blog of Rights tells the tragic story of Juwan Wichware and argues that “any punishment kids do receive should reflect their unique capacity for rehabilitation.”
     
    Yesterday, the Supreme Court heard oral argument on whether “Secret Service agents can be sued for moving a group of protesters out of earshot of President George W. Bush in 2004.” NPR’s Nina Totenberg breaks down Wood v. Moss.
     
    At TPM’s Editor’s Blog, Nan Aron calls for more diversity from the federal bench and notes “why it is so important that the people who may someday judge us represent a broad cross section of the American people.”
     
    Frank Ackerman at the CPRBlog describes how the Koch-funded Beacon Hill Institute is producing a “steady stream of anti-environmental analyses.”
     
    Katie Hamm and Erika Basurto at the Center for American Progress reveal how “the Strong Start Act would significantly improve access to early education for low-income children.”