Thursday, June 28, 2007

School Cases are In

Find them here, consolidated into one opinion (with concurrences and dissents, it runs 185 pages).

In short, the schools in these cases failed to carry their heavy burden of showing that their race-based plans were narrowly tailored to meet a compelling governmental interest; therefore, the plans were struck down.

I (obviously) haven't read the full opinions yet, but I expect that the effect of Justice Kennedy's concurrence, limiting this case to the narrow tailoring aspects, prevent this case from being "the big one" that some people expected.

However, here are some passages from the opinions that may make it broader than it presently appears. From Justice Kennedy's concurrence:

A sense of stigma may already become the fate of those
separated out by circumstances beyond their immediate
control. But to this the replication must be: Even so,
measures other than differential treatment based on racial
typing of individuals first must be exhausted.

We'll have to see. I'll pass along the thoughts of the really smart people at scotusblog or volokh when I can.

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