The Supreme court took another step in the "right" direction  today with its decision against using race in school diversity plans.
WASHINGTON - The Supreme Court on Thursday rejected school diversity plans that take account of students' race in two major public school districts.
The decision in cases affecting schools in Louisville, Ky., and Seattle could imperil similar plans in hundreds of districts nationwide, and it leaves public school systems with a limited arsenal to maintain racial diversity.
The court split, 5-4, with Chief Justice John Roberts announcing the court's judgment. Justice Stephen Breyer wrote a dissent that was joined by the court's other three liberals.
Good news to be sure, which means we've further weakened part of the foundation of modern liberalism; that being government policy based on race. But we're not out of the woods yet, as Kennedy isn't all the way on our side of the fence yet.
Justice Anthony Kennedy wrote a concurring opinion in which he said race may be a component of school district plans designed to achieve diversity. But he agreed with Roberts that the plans in Louisville and Seattle went too far.
But again, what makes this kind of progress possible is swapping out O'Connor for Alito. I'll take a somewhat weaker than desired decision (because of Kennedy), instead of one that reafirms government racism, (which we likely would have got with Sandra D), anyday.