Many people argue that schools are segregated because neighborhoods are segregated, and neighborhoods are segregated because most people choose to live with “their own kind.”
The first part of that statement may contain some truth, but the second part is mostly a myth, as Richard Rothstein explains in his recent book “The Color of Law.” Government policies at the national, state and local level created or strengthened housing segregation that persists today.
And because segregation resulted from law, called de jure, and not by choice, it violates the U.S. Constitution, argues Rothstein, a research associate at the Economic Policy Institute.
“If I am right that we continue to have de jure segregation,” he writes, “then desegregation is not just a desirable policy; it is a constitutional as well as a moral obligation that we are required to fulfill.”
In a sense, “The Color of Law” is a rebuttal to two key Supreme Court decisions. In one, the court ruled in 1974 that suburbs couldn’t be included in a Detroit school desegregation plan; in the other, issued in 2007, it barred voluntary school segregation plans adopted in Louisville and Seattle. In both, the court claimed segregation resulted from private choice, not legal requirements.