Heyburn's ruling
In a decision that provides certainty for parents as the school year begins, U.S. District Judge John G. Heyburn II has upheld a key component of the Jefferson County Public Schools student assignment plan. Following a hearing Tuesday, the judge said the portion of the plan that affects some 7,000 kindergarten students is not unconstitutional and does not assign children based on race.
The school district is back in court only two years after the U.S. Supreme Court lamentably (and most narrowly) set aside the previous assignment plan, one that used race as a primary factor in determining the school a student could attend. Interestingly enough, Judge Heyburn had (correctly in our view) upheld the earlier plan, noting that race was a factor in assignments, but that other things also came into play. His ruling was affirmed by the 6th Circuit Court of Appeals, only to be reversed by the high court, led by Bush appointees...
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