Consider Parents Involved in Community Schools [PICS] v. Seattle School District (2007). What did the Court decide in this case? Both Chief Justice Roberts (plurality opinion) and Justice Breyer (dissenting opinion) lay claim to the true meaing of Brown v. Board. How can this be? Which one has a better claim to be honoring Brown? [Note, to understand the Court’s split decision, you will need to read Justice Kennedy’s controlling concurring opinion. His position is like Powell’s in Bakke. He makes 5 votes for each of two different propositions.
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