Could The Decision in Floyd vs. New York Have A Bearing on Municipal Schools in Shelby County?

Education, Politics

The judge’s decision has been rendered in the contentious “stop-and-frisk” case in New York City, but a quote from Judge Shira A. Scheindlin’s decision in the case raised my eyebrows, because, taken at face value, it could possibly have a bearing on whether municipal schools can open next year in Shelby County. Here is the quote:
The Equal Protection Clause of the Fourteenth Amendment guarantees to every
person the equal protection of the laws. It prohibits intentional discrimination based on race.
Intentional discrimination can be proved in several ways, two of which are relevant here. A
plaintiff can show: (1) that a facially neutral law or policy has been applied in an intentionally
discriminatory manner; or (2) that a law or policy expressly classifies persons on the basis of
race, and that the classification does not survive strict scrutiny. Because there is rarely direct
proof of discriminatory intent, circumstantial evidence of such intent is permitted. “The impact
of the official action — whether it bears more heavily on one race than another — may provide
an important starting point.”
In other words, if I read Judge Scheindlin right, when a “facially neutral” law or policy has been applied in an intentionally discriminatory manner, it is illegal and unconstitutional. And the only proof needed of discriminatory intent is that the “impact” of the official action bears more heavily on one race than another. So the “facially neutral” municipal schools law in Tennessee may be found to have been applied in a biased way if it results in Black students being isolated in an all-Black school district. And the plaintiffs would need prove only that the municipal district adversely impacted Black students in Shelby County more than whites.

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