Breaking: Voluntary Desegregation Held Unconstitutional

I’ll be moving this post to the top as I write more on the subject

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7:30 Eastern Reaction to Justice Thomas’ concurrence–where’s the originalism?

6:21 Eastern: My thoughts on Breyer’s dissent–it long, it’s well-written, and it’s a doozy.

3:30 Eastern: Blog and media round-up is live.

2:28 Eastern: I just want to report that I’m going to be taking a break from opinion-reading to do a round-up post of blog and media reactions. That’s coming next, after which I plan to read Breyer’s dissent, followed by Thomas’ concurrence. It’s possible that after that, I’ll write a finally wrap-up post with my concluding thoughts–though I may be too burned out to do it at that point.

2:21 Eastern: Chief Justice Roberts’ opinion–”wrote for the quote.”

12:46 Eastern: Justice Stevens’ dissent–last rites for the Warren consensus.

12:20 Eastern: Excerpts and commentary on Justice Kennedy’s controlling opinion. It’s actually not bad–I was impressed, and I wasn’t expecting to be impressed by Kennedy on this case.

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5-4, Roberts writing, Kennedy and Thomas concurring, Breyer and Stevens dissenting. I’ll be posting throughout the day. These posts will likely include a lot of swearing. You’ve been warned.

The opinions are here. Kennedy’s concurrence is controlling, and it is very narrow, and holds that the use of race-conscious remedies to secure diverse schooling may be constitutional (he even gives a list of programs). We may have dodged a bullet.