The Roberts court today, on the verge of its summer break, issued a landmark opinion today which outlawed racial diversity programs in the public schools which "fail[] to show that they considered methods other than explicit racial classifications to achieve their stated goals." In other words, achieving racial equality and balance in the schools is not in an of itself a valid state interest.

In Seattle and Louisville, in an effort to maintain racial diversity in its public schools--essentially to prevent de facto segregation from reasserting itself in the schools, the districts had adopted proposals that sought to maintain balanced percentages of racial ethnic minorities in schools by using race as a factor in assigning students to schools.

The 5-4 court ruled that race cannot be a factor in deciding where to send a child to school.

Think about that for a moment. That is one tiny, tiny step from outlawing any meaningful way to prevent or cure illegal segregation in the schools.

The Roberts led majority justifies this position with the truism that the constitution is "colorblind" and refuses to recognize any distinction on the basis of race--but clearly fails to acknowledge that it has removed any real remedy for school segregation--itself an illegal separation of students based on race. 'Just don't discriminate' seems to be their watchword...But what happens when...not if...discrimination happens? Forced desegregation--which involves deciding which child goes where based on race--is no longer a tool for solving a problem that even today is not fully resolved--and one that, according to the dissent, is reasserting itself.

This is dangerous. Very, very dangerous.

Now it's not that we look forward to January 2009...but rather that we must look forward to the day there is once again a supreme court with a majority of non-ideologues.

(shaking head trying not to think what might be coming next)

That the majority purports to rely on Brown v. The Board of Education is ludicrous, as they have rendered that case almost a toothless nullity since it now become a case that recognizes a wrong which now has no apparent remedy.

Shame...shame...shame.