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CEO President & General Counsel Roger Clegg testifies before a subcommittee of the House Judiciary Committee regarding H.R. 40, the "Commission to Study Reparation Proposals for African-Americans Act" |
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Desegregation
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Literally hundreds of school districts in the United States remain under school-desegregation court orders, even after the fiftieth anniversary of the Supreme Court’s landmark decision in Brown v. Board of Education (1954). This doesn’t make any sense. If there are still segregated schools in these districts, it is long past overdue that those schools be desegregated.
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Public Interest Law Firms |
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Desegregation
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Brown v. Board of Education of Topeka (Brown I), 347 U.S. 483 (1954). Brown v. Board of Education of Topeka (Brown II), 349 U.S. 294 (1955) Board of Education of Oklahoma City v. Dowell, 498 U.S. 237 (1991) Dayton Board of Education v. Brinkman, 433 U.S. 406 (1977) Missouri v. Jenkins, 515 U.S. 70 (1995) Freeman v. Pitts, 503 U.S. 467 (1992) Moore v. Charlotte-Mecklenburg Board of Education, 400 U.S. 803 (1970) Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971) Brown v. Unified School District, 56 F.Supp. 1212 (D-Kansas July 27, 1999) Capacchione v. Charlotte-Mecklenberg Schools 57 F. Supp. 2d 228 (WDNC 1999) U.S v. Texas, 5th Cir. October 29, 1998 (Cite prior to being published: No. 9740162CV0 - 10/29/98)
People Who Care v. Rockford Board of Education, 7th Cir. April 18, 2001 (No. 003200 - 04/18/2001) US v. Georgia,171 F.3d 1239 (11th Cir. 1999) Lockett v. Board of Education of Muscogee County School District, 111 F.2d 839 (11th Cir. 1999) Lee v. Etowah County, 963 F.2d 1416 (11th Cir. 1992) |
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Disparate Impact
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The “disparate impact” approach to civil rights has created many problems and aggravated others. Under this approach, a practice is said to be illegal if it results in racially disproportionate effects—that is, has a disparate impact—even if it is neutral on its face, is applied neutrally, and was adopted for race-neutral reasons. For instance, in a seminal Supreme Court decision, an employer who required a high-school diploma was found to have violated the civil rights laws because this disproportionately disqualified African Americans—even though there had been no finding that he adopted this rule as a way of keeping out blacks. (Note: The disparate impact approach can also be applied to ethnicity, sex, disability, age, and so forth.)
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Center for Equal Opportunity Praises Court's School Decisions |
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Desegregation
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Calls them "Victory for Parents and Students of All Races" The Center for Equal Opportunity praised the Supreme Court's decisions in the Seattle and Louisville school cases today. CEO chairman Linda Chavez said: "Today's decisions vindicate the principle in Brown v. Board of Education that schoolchildren should not be assigned to schools on the basis of skin color. It is a victory for parents and students of all races."
CEO president and general counsel Roger Clegg said: "As America becomes increasingly a multiracial and multiethnic society, it also becomes more and more untenable to have laws that categorize our people because of race and national origin." Both Chavez and Clegg said that they hoped that the Bush administration, which had filed briefs in the cases urging the Court to strike down the race-based student assignments, would use the decisions to dismantle racial and ethnic preferences still being used by the federal government, and to attack racial and ethnic discrimination elsewhere.
CEO had joined an amicus brief with the Pacific Legal Foundation in urging the Court to grant review in the cases, and then joined again with PLF after the Court had granted review, urging the Court to declare the race-based student assignment policies in the two school districts to be unconstitutional.
The Center for Equal Opportunity is a nonprofit, nonpartisan research and educational foundation that
focuses on civil rights, bilingual education, and immigration and assimilation issues nationwide. |
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CEO president Roger Clegg discusses the Seattle and Louisville race-based assignment cases before the Supreme Court (Video) |
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Desegregation
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A letter sent from CEO President Linda Chavez to every judge in those districts having schools on the Justice Department list, urging them to determine whether continued judicial supervision in each school system is appropriate.
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Disparate Impact
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Ms. Merrily Friedlander
Chief, Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Ms. Friedlander:
We are writing to submit comments on the Justice Department’s republication of its policy guidance on Title VI’s prohibition against national original discrimination as it affects limited English proficient persons.
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