Refighting Yesterday's Battles

Jim Crow is dead. Why not bury him?

Jeff Taylor | December 8, 2006

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/o:p> /p> p class="MsoNormal"> o:p> /o:p>Or as the September 2001 decision reads , because it was "unsettled whether diversity may be a compelling state interest" it was improper for the district court to presumptively ban "CMS from any further use of race-based lotteries, preferences, and set-asides in student assignment." o:p> /o:p> /p>

So while using race was off the table, using diversity might not be. Got that?

p class="MsoNormal">The Fourth Circuit's convoluted handling of the CMS case stands as a very big reason why the Supreme Court needs to clarify exactly where race-consciousness diversity policies in public schools fit in with regard to the Constitution. o:p> /o:p>