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To: Robert C. Jonson who wrote (24030)	6/30/2007 8:09:43 AM
From: tom pope	Respond to of 40264

You are almost certainly right, and I will now read it, I was going on some newspaper reports, plus being obstreperous.

To: Robert C. Jonson who wrote (24030)	6/30/2007 8:20:56 AM
From: tom pope	Respond to of 40264

OT - yes, that is certainly the Chief Justice's point - The parties and their amici debate which side is more faithful to the heritage of Brown, but the position of the plaintiffs in Brown was spelled out in their brief and could not have been clearer: “[T]he Fourteenth Amendment prevents states from according differential treatment to American children on the basis of their color or race.” What do the racial classifications at issue here do, if not accord differential treatment on the basis of race? As counsel who appeared before this court for the plaintiffs in Brown put it: “We have one fundamental contention which we will seek to develop in the course of this argument, and that contention is that no state has any authority under the equal-protection clause of the Fourteenth Amendment to use race as a factor in affording educational opportunities among its citizens.” But it is paradoxical, isn't it? Sorry for the OT