Submitted for consideration on December 15, 2006, to the Chronicle of Higher Education

To the Editor:

The article Supreme Court to Revisit Key Affirmative Action Rulings in Cases Being Heard Today. (12/4/2006) contains two alarming inaccuracies.

First, the article misconstrues the law by stating that because the policies at issue were adopted voluntarily, they are regarded as affirmative action and are subject to a higher level of judicial scrutiny than desegregation efforts. School districts do have greater leeway in court-ordered desegregation plans pursuant to specific judicial findings of discrimination. But while voluntary desegregation plans are held to a different standard, they are both legally and factually distinguishable from what is commonly referred to as affirmative action. Affirmative action concerns admissions or hiring where a limited number of spaces or jobs are doled out to a select number of applicants. By contrast, voluntary desegregation plans concern the process by which a school district assigns all of its school children to local public schools.

Second, the article inaccurately pits racial groups against each other by stating that several Latino organizations filed amicus briefs in support of the school districts, while on the other side of the issue an Asian American organization filed a brief for the petitioners. This is both divisive and misleading. Mr. Schmidt wholly omits the fact that two amicus briefs were filed in support of the school districts on behalf of over 30 Asian American nonprofits, including the Asian American Legal Defense and Education Fund and Center for Asian American Advocacy. Conservatives and foes of integration have long used Asian Americans as a racial foil to divide communities of color. Unfortunately, Mr. Schmidt’s article only furthers that false dichotomy. As stated in our briefs, Asian American students like students from all racial backgrounds benefit from integrated schooling. Our communities are in support of voluntary integration plans and other measures to achieve this worthy goal.

Sincerely,

Khin Mai Aung
Staff Attorney
Asian American Legal Defense and Education Fund

Christina Wong
Policy Advocate
Center for Asian American Advocacy