The Weight of One Man’s Opinion
While casting the deciding vote in the recent K-12 desegregation case, Justice Anthony Kennedy’s opinion left some room to maneuver.
By Ibram Rogers
Four conservative justices stood on one side of the ideological fence in the U.S. Supreme Court’s recent ruling that severely limited the use of race in K-12 integration plans. Four liberal justices positioned themselves on the other side.
Although he stepped on the conservative bloc’s side in the narrow 5-4 decision, Justice Anthony Kennedy eventually situated himself on the fence — alone — with an opinion that will set the stage for future legal discussions on the issue of race in American education.
“The controlling opinion in the decision is Justice Kennedy’s,” says Goodwin Liu, who wrote the amicus curiae brief for 19 former University of California chancellors in support of the two school districts’ integration programs. “You really have to read Justice Kennedy’s opinion to be clear on what exactly the court is saying.
“The court is split in a four-one-four pattern, which means that four justices would have adopted a broad rule against the consideration of race,” explains Liu, an assistant professor of law at UC-Berkeley. “Four justices would have been much more permissive. But the swing vote was cast by Justice Kennedy.”
