Diversity is in the Constitution

Justices are getting more blatant with their disregard for the Constitution. They used to at least have some circumvented explanation as to why something is Constitutional. Now, they are making up stuff. Since when is diversity in the Constitution, Mr Kennedy?

WASHINGTON - The Supreme Court on Thursday rejected diversity plans in two major school districts that take race into account in assigning students but left the door open for using race in limited circumstances.

The decision in cases affecting schools in Louisville, Ky., and Seattle could imperil similar plans in hundreds of districts nationwide, and it further restricts how public school systems may attain racial diversity.

The court split, 5-4, with Chief Justice John Roberts announcing the court's judgment. The court's four liberal justices dissented.

The districts "failed to show that they considered methods other than explicit racial classifications to achieve their stated goals," Roberts said.

Yet Justice Anthony Kennedy would not go as far as the other four conservative justices, saying in a concurring opinion that race may be a component of school plans designed to achieve diversity.
To the extent that Roberts' opinion could be interpreted to foreclose the use of race in any circumstance, Kennedy said, "I disagree with that reasoning."