Compulsion: The Only Tool for the Job?

Thursday’s Supreme Court ruling on race-based student assignment programs is pretty clear: public school districts cannot simply use racial balance targets to determine where children will go to school.

A key point in the ruling is that districts must exhaust racially neutral means of achieving their diversity and minority achievement goals before race-based student assignment can even be contemplated. In both cases before the court, the districts failed to do that.

This central point of the ruling apparently escaped CNN judicial analyst Jeffrey Toobin, who made the following statement in a live interview: “the school districts were told they couldn’t integrate their schools.”

Live TV is an unforgiving medium, especially when covering breaking news, so it’s not entirely clear that this is what Toobin meant to say. What is clear is that it is 100% nonsense.

Integration is a goal. There are many possible ways of achieving it besides government compulsion. As I pointed out in a blog post on Thursday afternoon, it can in fact be much better achieved through voluntary school choice programs that make both public and private schools financially viable options for all families. Summaries of some of the relevant studies, along with links to the full text in several cases, can be found here.