WASHINGTON
The Supreme Court said Monday it will decide the extent to which public schools can use race in deciding school assignments, setting the stage for a landmark affirmative action ruling.
Justices will hear appeals from a Seattle parents group and a Kentucky parent, ruling for the first time on diversity plans used by a host of school districts around the country.
Race cases have been difficult for the justices. The court’s announcement that it will take up the cases this fall provides the first sign of an aggressiveness by the court under new Chief Justice John Roberts.
The court rejected a similar case in December when moderate Justice Sandra Day O’Connor was still on the bench. The outcome of this case will turn on her successor, Samuel Alito.
“Looming in the background of this is the constitutionality of affirmative action,” said Davison Douglas, a law professor at William and Mary. “This is huge.
Arguments will likely take place in November. The court’s announcement followed six weeks of internal deliberations over whether to hear the appeals, an unusually long time.
In one of the cases, an appeals court had upheld Seattle’s system, which lets students pick among high schools and then relies on tiebreakers, including race, to decide who gets into schools that have more applicants than openings.
