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THE CASE AT A GLANCE
IN SEATTLE: An "open choice" student-assignment plan allows high school students to pick a number of schools they would like to attend. They are generally granted their choices, but if a school has too many applicants, the district takes several other factors into account to decide who gets in. One of them is race, which is used to prevent most schools from having demographics that differ wildly from the district's as a whole.
IN LOUISVILLE: After public schools were released from a court-ordered desegregation plan in 2000, administrators chose to continue an integration plan. Students choose from among several schools near their homes, and the district assigns them based in part on maintaining a racial balance in each school.
THE OPPONENTS: Parents in both districts, including whites and blacks, sued after their children were denied entry to neighborhood schools or schools they otherwise wanted to attend. They say the districts' policies discriminate on the basis of race, something the 14th Amendment to the Constitution doesn't permit.
The parents are supported in both cases by the Bush administration, which has consistently argued that although diversity is a compelling interest, it must be achieved through race-neutral means.
PAST CASES:The cases' arguments echo the court's 2003 rulings on college affirmative action, which carved a narrow berth for race-conscious admissions as a way to enhance campus diversity. The school districts rely directly on the reasoning in those cases to support their policies.
The cases also reach back to Brown v. Board of Education, the landmark 1954 case that ordered an end to public school segregation. Brown at one time was used to support widespread involuntary busing and sweeping, court-ordered desegregation plans, and its promise of integrated public schools is the legal force behind the voluntary plans that exist today.
TIMETABLE: A decision is expected by the end of June.
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