Lest one think that the problem of race relations has been solved in America, take a gander at this 137-page en banc decision. The issue is whether the Equal Protection Clause prohibits an integration tiebreaker in Seattle's open choice, noncompetitive public high school assignment plan.
Both the majority and dissent make darn good points. It's a tough issue. The nature of the dispute assures it. But one should definitely have an opinion.
It's a good review of the existing contours of the Supreme Court's race-based Equal Protection jurisprudence. And a fine example of just how difficult it is to resolve the disputes arising thereunder.
