Body Language Conveys Divisions
Updated: As Justice Stephen G. Breyer read aloud his dissent yesterday from the Supreme Court’s 5-4 decision striking down two school-integration plans, the justices’ discomfort was on display.
Breyer argued that public schools should be able to consider race in response to the nation’s history of slavery and discrimination. Breyer said his 77-page dissent was the longest he had ever written, writes Linda Greenhouse of the New York Times.
“Breyer made his points to a courtroom audience that had never seen the coolly analytical justice express himself with such emotion,” Greenhouse writes.
Breyer said the ruling is a “radical step” away from settled law. “This is a decision that the court and the nation will come to regret,” he said.
Regret was already evident, Tony Mauro writes for Legal Times. Justice Ruth Bader Ginsburg was “hunched over, looking sullen.” Alito “seemed exhausted and upset, supporting his head with his hand.”
Alito joined the five-justice majority in striking down the school plans, providing a key vote. He had replaced Justice Sandra Day O’Connor, who had approved affirmative action in some cases.
Roberts, on the other hand, appeared confident as he read his majority opinion saying the schools had not met their “heavy burden” to justify using race in selecting students to attend select schools, Mauro writes.
