Word: breyers
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...declared segregated schools "inherently unequal" in 1954, scholars have been arguing that students learn better in racially diverse classrooms, and five justices at least gave a nod to that view in today's opinions. But as Chief Justice Roberts, Justice Clarence Thomas in a concurring opinion and even Justice Breyer in dissent acknowledged, the evidence is mixed at best...
...Despite the uncertainty, Breyer argues that the "Constitution allows democratically elected school boards to make up their own minds as to how best to include people of all races in one America...
...Justice Stephen Breyer led Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg in dissent, arguing that the districts' use of race served their powerful interest in making sure that students reaped the benefits of learning in racially diverse classrooms. And what about Brown v. Board of Education, Breyer asked incredulously? The 1954 school-desegregation landmark promised "true racial equality," he wrote, and today's plurality decision "would break that promise...
...Breyer seems way too pessimistic. Kennedy's concurrence suggests that schools might figure out an acceptable way to use race in assigning students, and there are apparently five firm votes on this court for allowing race as a factor in creating good public schools. What's more, the decision did not overrule Grutter v. Bollinger, the court's 2003 decision upholding the University of Michigan law school's admissions policy of considering race because students learn better in diverse classrooms...
...schoolhouse gate." And so to allow schools to ban speech that merely alludes to drugs might, he says, squelch "a full and frank discussion of the costs and benefits of the attempt to prohibit the use of marijuana," a topic at the heart of political debate. (Justice Stephen Breyer, often in accord with the case's dissenters, writes separately (and alone) to say the court should just declare that the law gives the principal immunity from getting sued and punt the case on procedural grounds. Good one, Stephen...