Race-Conscious Assignment Policies in Primary Education: Does the Grutter v. Bollinger Framework Apply to Parents Involved in Community Schools v. Seattle School District, No. 1?

David Simon, Chicago-Kent College of Law

Abstract

In 2003, the Supreme Court held in Grutter v. Bollinger that institutions of higher education could use race-conscious affirmative action admissions policies to gain viewpoint diversity. The Supreme Court has not, however, spoken on whether race-conscious policies are permissible in primary education school-assignment programs. That is the precise issue that the Supreme Court must decide this term in Parents Involved in Community Schools v. Seattle School District, No. 1.

This note first articulates the Supreme Court’s decision in Grutter v. Bollinger¬. Next, the note outlines the details of the Seattle case. Finally, the note applies the strict scrutiny framework outlined in Grutter to the Seattle case, and asks whether this application is prudent as a matter of law (i.e., constitutional) and policy. This note also deals with whether the Grutter rationale should apply to K-12 education generally. Ultimately, this note concludes that the Grutter rationale does not apply either to the Seattle case or K-12 primary education school-assignment plans generally.