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Official Subject to Final Review 1 IN THE SUPREME COURT OF THE UNITED STATES 2 x 3 PARENTS INVOLVED IN 4 COMMUNITY SCHOOLS 5 6 Petitioner v 7 SEATTLE SCHOOL DISTRICT 8 NO 1 ET AL 9 x No 05 908 10 Washington D C 11 Monday December 4 2006 12 13 The above entitled matter came on for oral 14 argument before the Supreme Court of the United States 15 at 10 01 a m 16 APPEARANCES 17 HARRY J F KORRELL ESQ Seattle Wash on behalf 18 of the Petitioner 19 GEN PAUL D CLEMENT ESQ Solicitor General 20 Department of Justice Washington D C as 21 amicus curiae supporting the Petitioner 22 23 MICHAEL F MADDEN ESQ Seattle Wash on behalf of the Respondent 24 25 1 Alderson Reporting Company Official Subject to Final Review 1 C O N T E N T S 2 ORAL ARGUMENT OF 3 HARRY J F KORRELL ESQ 4 PAGE On behalf of the Petitioner 5 ORAL ARGUMENT OF 6 GEN PAUL D CLEMENT ESQ 7 As amicus curiae supporting the 8 Petitioner 9 ORAL ARGUMENT OF 10 11 16 MICHAEL F MADDEN ESQ On behalf of the Respondent 12 REBUTTAL ARGUMENT OF 13 HARRY J F KORRELL ESQ 14 3 On behalf of Petitioner 26 51 15 16 17 18 19 20 21 22 23 24 25 2 Alderson Reporting Company Official Subject to Final Review 1 P R O C E E D I N G S 2 3 10 01 a m CHIEF JUSTICE ROBERTS We ll hear argument 4 first today in 05 908 Parents Involved in Community 5 Schools versus Seattle School District Number 1 6 7 8 9 10 11 Mr Korrell ORAL ARGUMENT OF HARRY J F KORRELL ON BEHALF OF PETITIONER MR KORRELL Mr Chief Justice and may it please the Court In an effort to achieve its desired racial 12 balance in its popular high schools the Seattle school 13 district denied over 300 children both white and 14 minority children admission to their chosen schools 15 solely because of their race and without any 16 individualized consideration 17 of the Equal Protection Clause which commands that 18 Government treat people as individuals not simply as 19 members of a racial class 20 This strikes at the heart This fundamental equal protection principle 21 was reiterated in Grutter and in Gratz 22 question in this case is not as the school district and 23 many of its allies suggest whether integration is 24 important or whether desegregation is compelling 25 central question in this case is whether outside of the 3 Alderson Reporting Company The central The Official Subject to Final Review 1 remedial context diversity defined as the school 2 district does as a white non white racial balance can 3 be a compelling interest that justifies the use of race 4 discrimination in high school admissions 5 JUSTICE GINSBURG 6 JUSTICE KENNEDY Mr Korrell Do you disagree in general 7 with the Solicitor General s brief 8 general with the brief submitted by the Government or do 9 you have differences with it in its approach 10 MR KORRELL Do you agree in Justice Kennedy we we 11 agree mostly with the Solicitor General s brief 12 believe the Solicitor General might take a different 13 position on whether race neutral mechanisms can be used 14 to accomplish race specific purposes 15 JUSTICE KENNEDY 16 MR KORRELL 17 I Well I can But that s not an issue the court needs to reach in this case 18 JUSTICE KENNEDY Well it it is a point 19 that I I d like both him and you to discuss at some 20 point during your argument 21 site selection 22 school 23 all one race 24 Site three would be a diversity of races 25 school board with with the intent to have diversity If can you use race for When you have you need to build a new There are three sites One of them would be Site two would be all the other race 4 Alderson Reporting Company Can the Official Subject to Final Review 1 2 pick site number 3 MR KORRELL Justice Kennedy I think the 3 answer turns on the reason that the schools have the 4 racial compositions that they do 5 JUSTICE KENNEDY It there s well we 6 can have all kinds of different hypotheticals but 7 there s residential housing segregation and it wants 8 it wants the board wants to have diversity 9 MR KORRELL Your Honor our position is 10 that if if the resulting if the racial composition 11 of those schools is not the result of past de jure 12 segregation 13 14 15 JUSTICE KENNEDY No It is a new school It s a new school MR KORRELL In that case Your Honor 16 Parents position is that the Government can t be in the 17 position of deciding what right racial mix is 18 JUSTICE KENNEDY So it d have to take the 19 three sites all of them in the hypothetical all of 20 them equal and just flip a coin because otherwise it 21 would be using a 22 MR KORRELL Your Honor obviously it is 23 not the facts of the Seattle case 24 Your Honor posits perhaps the right analogy is 25 something similar to the a redistricting cases 5 Alderson Reporting Company In the hypothetical Where Official Subject to Final Review 1 a court could look at see whether the racial motive was 2 a predominant factor as opposed to JUSTICE KENNEDY 3 No no 4 we want racial diversity in our new schools 5 under the Fourteenth Amendment in your case 6 The school board says we want right up front MR KORRELL Illicit Your Honor school districts 7 can do many many things through race neutral means that 8 they could not do with race discrimination 9 JUSTICE GINSBURG But can they have a race 10 conscious objective 11 that Justice Kennedy is asking you and I don t get a 12 clear answer 13 But can you have a racial objective 14 to achieve balance in the schools 15 I think that that s the question You say you can t use a racial means MR KORRELL That is you want Justice Ginsburg our position 16 is that that is prohibited by the Constitution 17 absent past discrimination 18 JUSTICE SCALIA You would object then to 19 magnet schools You would object to any system that is 20 designed to try to cause people voluntarily to go into a 21 system that is more racially mixed 22 MR KORRELL Justice Scalia our objection 23 to the Seattle program is that it is not a race neutral 24 means 25 JUSTICE SCALIA No I understand 6 Alderson Reporting Company But I m Official Subject to Final Review 1 trying to find what you know the outer limits of your 2 contentions are 3 indicated that you would object to something like magnet 4 schools 5 schools is to try to cause more white students to go to 6 schools that …

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