Reply to Dumb WaPoo Article on Public Schools

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]You can always re-litigate an issue. Lawrence v Texas legalized sodomy about 20 years after a decision that did the opposite. You can always try to bring a case again to SCOTUS. But the current state of the law appears to be that if black people live in neighborhood X because it's what they can afford, and the schools in neighborhood X are poor performing, then the only constitutional requirement is that the govt not intentionally reduce the quality of schools in X. For example, the govt cannot underfund those schools. But in DC, schools in black neighborhoods are overfunded relative to schools in white neighborhoods. This satisfies the requirement of equal inputs. Sadly, and I am genuine when I say sadly, there doesn't appear to be a constitutional requirement of equal outcomes. [/quote]

That is the constitutional law. There are federal and state statutes that would be the basis for a disparate impact claim.

Sometimes I wonder if you dcum lawyers actually went to law school??[/quote]

NP here.  We did.  You write like a talented high school junior at a rigorous private or a magnet.

A little bit of knowledge, Google, and a robust vocabulary do not actually make you a constitutional scholar -- yet.  Call us when you have been litigating in federal courts for 15 years.  
[/quote]

Look I am sorry if your experience as a 15th year associate specializing in doc review has not given you a good sense of the direction the law will take. I can tell you with certainty that disparate impact cases are going to be coming. Bobby Scott says as much in the WaPo piece! That's the whole point of the GAO study - to start setting up the disparate impact actions. Will this pan out in DC based on our facts here? I don't know. We'll see. [/quote]

"Direction the law will take." So you acknowledge that this is aspirational.

Yes, we'll see how this pans out in DC. My prediction: DC wins. As I noted, it will be different in other states like MO.

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