I don’t have a lot to say about the Supreme Court’s recent decision about racial shell games in public schools beyond this: I agree with the decision. However, to the extend I do agree, I found very graceful the way the National Review Online summed up the decision’s meaning and impact:
Over the last 40 years, liberal civil-rights groups have gone from advocating colorblind policies to rejecting them. They may try to describe the new ruling, perversely, as a partial repeal of Brown v. Board of Education. Justice Stephen Breyer says as much in his dissent. Yet the decision resembles Brown in a crucial respect: Starting now in Louisville and Seattle, students won’t be blocked from certain schools simply because they lack the proper melanin content.
We are sure to hear that the Court has just encouraged the “resegregation” of the schools, but that is mostly left-wing bluster. Brown and other legislative and judicial measures — to say nothing of evolving social attitudes — put an end to Jim Crow-style de jure segregation long ago. What we have today is de facto segregation, which is better described as racial imbalance. Such imbalance need not be worrisome. As Justice Clarence Thomas noted in Missouri v. Jenkins more than a decade ago, “It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior.”