QUESTIONS PRESENTED:

1. Should Grutter v. Bollinger, 539 U.S. 306 (2003) and Regents of University of California v. Bakke, 438 U.S. 268 (1978) and Gratz v. Bollinger, 539 U.S. 244 (2003) be overturned and/or misapplied by the Respondent, the Jefferson County Board of Education to use race as the sole factor to assign students to the regular (non-traditional) schools in the Jefferson County Public Schools?

2. Whether the race-conscious Student Assignment Plan with mechanical and inflexible quota systems of not less than 15% nor greater than 50% of African American students without individually or holistic review of any student, meets the Fourteenth Amendment requirement of the use of race which is a compelling interest narrowly tailored with strict scrutiny.

3. Did the District Court abuse and/or exceed its remedial judicial authority in maintaining desegregative attractiveness in the Public Schools of Jefferson County, Kentucky?

QUESTIONS PRESENTED:

(1) How are the Equal Protection rights of public high school students affected by the jurisprudence of Grutter v. Bollinger, 539 U.S. 306 (2003), and Gratz v. Bollinger, 539 U.S. 244 (2003)?

(2) Is racial diversity a compelling interest that can justify the use of race in selecting students for admission to public high schools?

(3) May a school district that is not racially segregated and that normally permits a student to attend any high school of her choosing deny a child admission to her chosen school solely because of her race in an effort to achieve a desired racial balance in particular schools, or does such racial balancing violate the Equal Protection Clause of the Fourteenth Amendment?

Race is still part of equation for equal education (USA Today June 18, 2006)

Pending Supreme Court Cases could Undermine Desegregation (The Louisiana Weekly June 2006)

Three magnet schools see declining diversity (The Louisville Courier-Journal, November 5, 2006)

Understanding the desegregation case Louisville's plan goes before the Supreme Court (The Louisville Courier-Journal)

High court to hear key school race cases (CNN.com)

Justices to Hear Cases of Race-Conscious School Placements (The Washington Post)

Let Schools 'Look Like America,' Too (The Los Angeles Times - Editorial)

As Supreme Court convenes, fate of school assignment plan awaits (Associated Press)

Perhaps Not All Affirmative Action Is Created Equal (The New York Times)

Race's enduring impact on public education (The Seattle Times - Editorial)

Court asked to deny race factor in schools - Decision could affect millions of children (Seattle Post-Intelligencer)

Court to Revisit Race in Schools - Integration plans across the nation could be in the balance as the Supreme Court agrees to hear constitutional challenges in two cities.(The Los Angeles Times)

Bush Administration Opposes Integration Plans (The Los Angeles Times)

Considering Race School officials should be permitted to 'stir the melting pot.' (The Washington Post - Editorial)

D.C. rally to support JCPS desegregation policy (The Courier-Journal, Louisville, KY)

BAMN Announces March to Sway Courts' Rulings on Race-Based Policies (The Daily Californian, UC Berkeley)

High court to examine race-balancing schools (The Christian Science Monitor)

Seattle schools case could change national scene (The Seattle Times)

High Court Considers Race Card in Student Admissions (Newshour - PBS)

Women's Equal Educational Opportunity Threatened by Two Pending Desegregation Supreme Court Cases (National Women's Law Center)

A fight to keep schools integrated - In Birmingham, Ala., a group of residents and activists opposes a bid to end a court's school desegregation order (The Los Angeles Times)

Schools Of Many Colors (TomPaine.com)

Asian American Advocates, Youth Education Groups File Amicus Briefs in Supreme Court School Desegregation Cases (US Newswire)

Wells Argues on Behalf of Contested Voluntary School Integration Plans (Teachers College News - Columbia University)

Diverse Views Offered on Supreme Court Race Cases (Education Week)

The Supreme Court Grants Review in Two Cases Regarding Public Schools' Use of Race In Pupil Placement - And Thus Confronts the Question of How To Define Brown's Legacy (FindLaw.com)

Supreme Court grants review in a pair of cases involving race and student assignment (National School Boards Association News)

Scholars Gear Up to Defend School Desegregation (Diverse Online)

High Court to Hear Public School Affirmative Action Cases (Legal Times)

Supreme Court to Revisit Brown v. Board of Education in School Integration Cases (Equal Justice Society Newsletter)