Parents Involved in Community Schools v. Seattle School Dist. No. 1
551 U.S. ____, 127 S. Ct. 2738 (2007)
Seattle had a policy where
students could choose to go to any high school in the district. However,
when too many students applied to the same school, a system of tiebreakers
was used to determine who got to go.
One of the tiebreakers was a
racial factor intended to maintain diversity.
That meant either whites or
non-whites could be favored by the policy.
A group of parents sued,
saying that the tiebreakers were a violation of the Equal Protection
Clause of the 14th
Amendment.
The US Supreme Court found
that the tiebreakers were an unconstitutional violation of the Equal
Protection Clause.
The US Supreme Court found
that since this policy involved a suspect classification, the level of review should be strict
scrutiny.
Strict scrutiny is the level of review used when a fundamental constitutional right is infringed, or when
the government action involves the use of a suspect
classification such as race that may
render it void under the Equal Protection Clause.
In order to pass a strict
scrutiny review, a law must:
Be justified by a compelling
governmental interest.
Be narrowly tailored to achieve that interest.
Use least restrictive
means to achieve that interest.
In this case, the Court
found that there was no compelling government interest.
The Court noted that one compelling
governmental interest would be to
remedy past discrimination, but Seattle schools had never been
segregated.
The Court noted even if you
agreed that there was a compelling governmental interest in achieving a diverse student body, the law
was too overbroad and not narrowly tailored enough to achieve its goals.
The policy did not use race
as an assessment for broader diversity, instead, they use solely race as
a factor for assigning students to different schools.