Might the Pupil Assignment Programs Anti-Segregation Feel Appeal to Kennedy?
Kennedy is very much an idealist when it comes to race. His antipathy to race-based preferences stems from a belief that such programs make a truly equal society harder, not easier, to create. But it just may be that the school assignment programs before the Court will strike a chord with him. The image of segregated classrooms is surely one that Kennedy finds unfortunate, and even abhorrent. If he is convinced that race-based school assignment is a necessary tool to avoid the creation of two student societies – one white, and one minority – then this may be the first race-based program he deems constitutional. In sum, little is certain about this term except that all eyes will be on Justice Kennedy.
