It Took A While, But...

They warned us this would happen. Not on the first day, maybe not the first year or even the first term, but they told us so. We were put on notice that the Supreme Court would tilt just enough to the right to let women, minorities, and the poor slide out of justice's scales and into the gutter.

Maybe next time we'll listen.

Ruling in favor of a group of students who were denied nothing (nothing!), the Supremes eviscerated the legal legacy of diversity in our public schools. Louisville had a policy that classified students as white or non-white for the purposes of allocating available slots in particular high schools. Their goal was to have no school with less than 15% minority enrollment, providing a realistic racial balance within each school regardless of the neighborhood where it was built. Not in this country!!

"Joshua", the boy at the center of the Seattle schools case, didn't so much as ask for a spot in a school and get denied. "Joshua" got everything he wanted. He went to the school of his choice, took the courses of his choice, and got dissed by the cheerleaders of his choice, we imagine. The Supremes seized on this miscarriage of justice to announce (through Bush appointee and Chief Justice John Roberts):

"In design and operation, the plans are directed only to racial balance, an objective this Court has repeatedly condemned as illegitimate."

Remember... we did this. No Bush? No Roberts, no Alito (who simply grinned and nodded throughout the decision). Heaven forbid racial balance should ever be achieved. In a predictable, yet sadly ironic, footnote, the lone minority on the court, Clarence "Uncle" Thomas, shuffled and smiled broadly throughout the reading of the opinion. In the most perverse note of all, the opinion compares itself favorably to the landmark school desegregation ruling: Brown v. Topeka Board of Education, noting that it is following in the footsteps of Brown by condemning race-based student classification.

Only the most willfully ignorant and perverse onlooker could compare the exclusion of black students from most schools in Topeka to the Louisville goal of ensuring access to all schools for children of all races. This decision shows the court's eagerness to gut the social advances of the last 50 years and has nothing to do with upholding the goal of a "race-blind" society. Women, Gays, workers of all stripes, the criminally accused, the mentally ill, and any other vulnerable, historically put-upon person has reason to sit up and take frightful notice of the opinion.

Little will change in Seattle or Louisville, in truth. Only a handful of students ever fell into the equation that required identification of their race to resolve a placement question. Rather, this is a shot across the bow, courtesy of the two men who swore before Congress to uphold the Supreme Court's precedents, to anyone who has taken two steps forward since 1964. If the announcement of the Court's decision didn't change your day, you weren't paying attention.

Pay attention, already. You're next.