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From washingtonpost.com :
Supreme Court deliberations are private, but yesterday's oral arguments on whether it is constitutional to allow school systems to use race in making school assignments became as much a public debate between the divided justices as a questioning of lawyers.
The ultimate decision is likely to be one of the most defining of the court headed by the new chief justice, John G. Roberts Jr., and a powerful statement about where the nation stands more than 50 years after Brown v.
His active questioning of lawyers representing the school boards, who have been sued by white parents whose children were denied their first choice of schools, was the most closely watched.
But he also repeatedly questioned the constitutionality of allowing a school system, especially one that has remedied past discrimination, to make school assignment decisions based "solely on skin color."
Kennedy seemed to disapprove of the school boards' argument that students weren't being harmed because they still were getting school placements.
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Posted on December 6, 2006 07:52 PM
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