The key problem here lies in this sentence: "What is new is the Roberts Court's comprehensive and direct assault on Brown's insistence that race-conscious discrimination requires race-conscious remedies."
In fact, the perceived segregation of our public schools is not at all "race-conscious" but rather an artifact of two things: (a) state assignment of children to schools is based mostly on where you live, and (b) people tend to live near people with similar socioeconomic status. Social clustering by race, all voluntary and the result of individual choices, results in social clustering at school.
As far as Brown goes, in 1989's Richmond v. J.A. Croson Co. Justice Scalia remarked in his concurring opinion:
While thus permitting the use of race to declassify racially classified students, teachers, and educational resources, however, we have also made it clear that the remedial power extends no further than the scope of the continuing constitutional violation. And it is implicit in our cases that after the dual school system has been completely disestablished, the States may no longer assign students by race.
It should be obvious that the "dual school system" is no longer such. What we have, instead, are liberals worried that communities have not sufficiently blended on their own, according to their view of things, and are just looking for a way to compel it.
Jul 26 2007 - 6:09pm