Supreme Court Divided Again on a Major Decision

Hosted by

In 1954, US Supreme Court ruled--without a dissenting vote--that racial segregation in public schools violated the Constitution.  The Court's unanimity was considered a great achievement by the new Chief Justice, Earl Warren--and a major factor in driving the subsequent integration of schools. Today, the US Supreme Court ruled 5 to 4 that schools cannot consider race in trying to maintain racial diversity. School districts nationwide could be affected by a split decision with Bush appointees Samuel Alito and Chief Justice John Roberts on the winning side. In dissent, Stephen Breyer said, "This is a decision the nation and the court will come to regret." We consider the first term of the Roberts Court, and whether its record of 5-to-4 decisions will make history or leave major issues more muddled than ever.

Credits

Guests:
Dahlia Lithwick - Legal Affairs correspondent for Slate - @dahlialithwick, Edward Lazarus - Former US Attorney, Bruce Fein - attorney, Benjamin Wittes - Brookings Institution - @benjaminwittes

Host:
Warren Olney

Producers:
Vanessa Romo, Dan Konecky, Karen Radziner