civil rights set back

8:45am
So early yet the day was already stifling, oppressive even. It only seemed to get worse as I made my seemingly endless journey from Union Station to the Supreme Court. Today the interns in my office were attending the last session of the term, knowing that a crucial decision was to be handed down. As I rode the metro, I read a primer for the case released by the NAACP LDF. their arguments were very sound and convincing to me...but given the new composition of the Court, everyone was on edge about the final decision. In fact, some court watchers and civil rights groups were bracing for a bad decision. The real wait was to see how bad the decision would be.

But let me back up for a minute. What is this case about? As I'm sure most of you have already read, the case involves two school districts: one in Seattle and the other in Louisville, Kentucky. Both districts use race as one among many criteria (e.g. siblings at a school, proximity) in assigning students to primary and secondary schools. It is important to note that neither of the programs is forced integration. Rather, the assignment plans are characterized as voluntary integration programs. Students rank their preferences, and almost all of the students receive their first or second preference. Petitioners allege that the use of race is not narrowly tailored enough to serve any state interest yet alone a compelling state interest.

With this general background in my mind, I made my way up the steps of the courthouse. One by one, step after step, I slowly ascended toward the highest courtroom in the United States. It was absolutely exhilarating.

10:00am
After being herded into the courtroom like elementary children, the court convened right on time. what i found to be a little shocking is that immediately after taking his seat, the Chief Justice went right into the discussion of the cases. It was a little disheartening to observe the demeanor of some of the justices on the Court. The minute Justice Thomas took his seat, he immediately leaned back into a reclining position and seemed to not even pay attention to what was happening. Justice Alito looked bored and seemed to be on the verge of falling asleep. It was rather unsettling to see such a lack of professionalism in the Supreme Court...

The first case concerned an 96-year old antitrust doctrine that the majority decided to overturn. After the majority opinion, Justice Breyer gave a short dissent. Though it was not very long, the dissent was exciting because reading dissents from the bench happens very rarely (though more often in the recent cases; such as when Justice Ginsburg read her fiery dissent in the Ledbetter case). The second case concerned the death penalty and the mentally impaired. This liberal wing of the Court prevailed in the case.

10:30am
Here it is. The case I'd been waiting for. Chief Justice Roberts begins reading the decision. Not a good sign. As the Chief Justice continued, I heard the decision to reverse the lower courts' decision to uphold the schools' integration plans. I felt sick. My stomach was in knots. It wasn't that the decision was a shock. It was that the decision will have such a deep impact across the nation. An impact that could result in the unraveling of decades of civil rights work. The Chief Justice continued. The reasoning seemed to mischaracterize the facts and ignored the historical context race plays in our nation....

Justice Kennedy reads his concurring opinion. He agrees with the decision by disagrees with the majority's overreaching notion that race can never be used as a factor in school assignment. Stating the full name of each of the dissenting associate justices, Justice Breyer solemnly begins his lengthy dissent. He is angry. He is livid. He doesn't just disagree with the Court; he outright announces that the majority is wrong. It was so bittersweet to listen to Justice Breyer's dissent. On the one hand, it is reassuring to know that sound legal arguments that take account of historical context still exist on the Court. However, it is not the prevailing view; it is not the view to which we will be bound....

Though the decision was very disappointing, I'm very grateful to have had the opportunity to watch the Supreme Court hand down a landmark decision. It will be very interesting to see how the Roberts Court will decide future cases...