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App. See also Brief for Appellees in Davis v. County School Board, O.T. 1952, No. of Ed. See also Letter from Robert F. Kennedy, PARENTS INVOLVED IN COMMUNITY SCHOOLS, PETITIONER. But under the Seattle plan, a school with 50 percent Asian-American students and 50 percent white students but no African-American, Native-American, or Latino students would qualify as balanced, while a school with 30 percent Asian-American, 25 percent African-American, 25 percent Latino, and 20 percent white students would not. Part IV (again joined only by a plurality of the Court) addressed Justice Breyer's dissent. 2d 358, 360 (2000). Another brief claims that school desegregation has a modest positive impact on the achievement of African-American students. App. 1 Hampton I, supra, at 757758, 762; Newburg Area Council, Inc. v. Board of Ed. In cases where an opinion or parts of an opinion do not reach a majority, the narrower opinion represents the holding, so Justice Kennedy's opinion represents parts of the holding of the case. The pluralitys claim that Seattle was never segregated by law is simply not accurate. See Brief for Respondents in No. 3, p. 76 (The question is a practical one for them to solve; it is not subject to solution in the theoretical realm of abstract principles); Tr. 2d, at 1289. No. We construe Brown as endorsing Mr. Justice Harlans classical statement in Plessy v. Ferguson, 163 U. S. 537, 539: Our constitution is color-blind, and neither knows nor tolerates classes among citizens). This is a fatal flaw under the Courts existing precedent. What other numbers are the boards to use as a starting point? One conference participant described white privilege as an invisible package of unearned assets which I can count on cashing in each day, but about which I was meant to remain oblivious. "[25] Allowing racial balancing as a compelling end in itself would "effectively assur[e] that race will always be relevant in American life, and that the 'ultimate goal' of 'eliminating entirely from governmental decisionmaking such irrelevant factors as a human being's race' will never be achieved. The allocation of governmental burdens and benefits, contentious under any circumstances, is even more divisive when allocations are made on the basis of individual racial classifications. ), appeal dismd for want of a substantial federal question, 484 U. S. 804 (1987). 1, p.14 (We advocate only a concept of constitutional law that permits determinations of state and local policy to be made on state and local levels. Cf. A panel of the Ninth Circuit then again reversed the District Court, this time ruling on the federal constitutional question. It simply recognizes that judges are not well suited to act as school administrators. Held:The judgments are reversed, and the cases are remanded. But our precedent has recognized that de jure discrimination can be present even in the absence of racially explicit laws. Both school districts voluntarily used individualized racial classifications to achieve diversity and/or to avoid racial isolation through student assignment. No. The plans initial busing requirements were extensive, involving the busing of 23,000 students and a transportation fleet that had to operate from early in the morning until late in the evening. For typical students, the plan meant busing for several years (several more years for typical black students than for typical white students). Doubtless, hundreds of letters like this went out from both school boards every year these race-based assignment plans were in operation.