California Supreme Court Rejects Berkeley Challenge

by lbarber on 06/16/2009

in Judiciary

In March, California’s First District Court of Appeal ruled that Berkeley Unified School District’s student assignment plan, which takes race into account, does not violate California’s ban on racial preferences. The court concluded that Berkeley’s assignment plan “does not show partiality, prejudice, or preference to any student on the basis of that student’s race. All students in a given residential area are treated equally—regardless of the student’s individual race or other personal characteristics.”

Plaintiffs appealed the decision to the California Supreme Court, which unanimously rejected it last week. (Source) As it stands, Berkeley is free to continue taking race into account when assigning students, although state law prohibits the government from taking race into account.

It doesn’t make sense to us, either.

For more information, see California Court Says Assignment by Race OK.

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