McLaughlin successfully argued that this"quota" denied equal opportunity to all citizens.
"There is no case that says that racialbalancing is constitutional," McLaughlin said."The Constitution protects and ensures protectionunder the law for individuals. It will never saythere are group rights."
McLaughlin said affirmative action no longerhas a place in Boston public schools.
"Affirmative action is a term used as adescription of a policy used to remedy pastdiscrimination against blacks and Hispanics by thegovernment entity," McLaughlin said. "This hasnothing to do with discrimination against blacksor Hispanics by the school system."
In its decision, the First Circuit Court ofAppeals upheld this logic, also saying diversityshould not be limited to race.
"It cannot be said that racial balancing iseither a legitimate or necessary means ofadvancing the lofty principles recited in the[school's] policy," the decision read. "Weconclude today that the School Committee's policydoes not meet the Bakke standard and,accordingly, that the concept of `diversity'implemented by BLS [Boston Latin] does not justifya race-based classification."
And, consequently, next year, for the firsttime in 25 years, Boston Latin will admit studentsbased on test scores and grades alone. The twoother examination schools, Boston Latin Academyand John D. O'Bryant School for Mathematics andScience, will implement similar policies.
But the Boston School Committee does not intendto give up without taking its fight to theCourt--if it agrees to hear the case.
And, while Orfield applauded the Committee'sefforts to maintain diversity in the schoolsystem, he said the policy is a weak example ofaffirmative action because it does not demonstratethe diversity of criteria in admissions, includingrace, demanded by the Supreme Court in the Bakkedecision.
"It would be much better if they had a morecomplex admissions process that considered othertypes of talent," Orfield said. "They needsomething that looks more like a goal" than aquota.
He said it is a valid possibility that theconservative Supreme Court could decide not toreverse the decision.
There is "a basic denial of the fact that westill have problems of racial equality that needto be worked out," Orfield said. "That denial isled by the Supreme Court."
He added that if the Court upholds the federalcourt's decision it could "intensify racialseparation and inequality in education."
Thernstrom said he would expect the SupremeCourt to take the case. "My guess is that theywould uphold the First Circuit Court's decision inthis case," he said. "Boston civil rights groupsmay try to persuade the Boston Public Schools fromappealing this case."
But Professor of Education and Urban StudiesCharles V. Willie said he thinks the case, if itgoes before the Court, will return justice to theAmerican classroom. A country whose high courtdoes not overturn the federal court's ruling is"writing its own epitaph," Willie said.
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