By DAVID L. KIRP
Published: May 19, 2012
AMID the ceaseless and cacophonous debates about how to close the achievement gap, we’ve turned away from one tool that has been shown to work: school desegregation. That strategy, ushered in by the landmark 1954 Supreme Court decision in Brown v. Board of Education, has been unceremoniously ushered out, an artifact in the museum of failed social experiments. The Supreme Court’s ruling that racially segregated schools were “inherently unequal” shook up the nation like no other decision of the 20th century. Civil rights advocates, who for years had been patiently laying the constitutional groundwork, cheered to the rafters, while segregationists mourned “Black Monday” and vowed “massive resistance.” But as the anniversary was observed this past week on May 17, it was hard not to notice that desegregation is effectively dead. In fact, we have been giving up on desegregation for a long time. In 1974, the Supreme Court rejected a metropolitan integration plan, leaving the increasingly black cities to fend for themselves.
A generation later, public schools that had been ordered to integrate in the 1960s and 1970s became segregated once again, this time with the blessing of a new generation of justices. And five years ago, a splintered court delivered the coup de grâce when it decreed that a school district couldn’t voluntarily opt for the most modest kind of integration — giving parents a choice of which school their children would attend and treating race as a tiebreaker in deciding which children would go to the most popular schools. In the perverse logic of Chief Justice John G. Roberts Jr., this amounted to “discriminating among individual students based on race.” That’s bad history, which, as Justice Stephen G. Breyer wrote in an impassioned dissent, “threaten[s] the promise of Brown.”