Don’t Give Up On Education Diversity Fight

by Judge Greg Mathis

The Spirit of Brown vs. Board of Education Supreme Court decision to desegregate education is under attack on two fronts. Hopefully, the U.S. Supreme Court will re-affirm the goals of education diversity by striking down the Michigan affirmative action ban and affirming the education diversity plan for the Seattle and Louisville school districts.

As Various Civil Rights organizations gear up to request that the Supreme Court decide the constitutionality of Michigan’s proposition 2, which in effect, bans affirmative action, a key factor that should be advocated is the U.S. Constitution’s Supremacy clause.

This section of the constitution provides that the U.S. Constitution must prevail over state laws and state constitutional measures that conflict with the U.S. Constitution. Interpreted properly it also means state measures cannot prevail over Federal Supreme Court decisions which, after all is the court of interpretation for the U.S. Constitution.

The U.S. Supreme Court has re-affirmed its goals of equal education and diversity in several cases since the 1954 Brown vs. Board of Education decision.

Most recently, the U.S. Supreme Court upheld the spirit of Brown in 2003, when it ruled in the University of Michigan case that race could be a factor in college admissions as a means of desegregation and diversity.

Although Michigan’s proposition 2 bans race as a factor in college admissions, the Supremacy clause of the U.S. Constitution and the U of M Supreme Court decision should provide enough ammunition for a vigorous, and perhaps successful challenge to the state law. To further press my point, it would be unlikely that the U.S. Supreme Court would allow state referendums to overturn the Brown vs. Board of Education decision because its citizens believe race-based plans aimed at eliminating segregation is wrong.

Some will suggest that California’s successful proposition 209, that banned affirmative action, was upheld by the Supreme Court. That was not the case.

Instead, the court refused to hear the case, leaving the door open for a full hearing on the merits of these affirmative action bans. Many times the U.S. Supreme Court will refuse to hear a case on an issue until such issue is ready, based on many factors.

We can’t give up on our fight to preserve affirmative action in education. We must continue to press the U.S. Supreme court for clarity on all fronts involving the pursuit of equal education and diversity.

Judge Greg Mathis is national vice president of Rainbow PUSH and a national board member of the Southern Christian Leadership Conference.