I do some limited practice in the areas of first amendment and civil rights (mostly relating to first amendment protections). I haven't read many of the 60s/70s decisions relating to busing and white flight, so I'm not sure what the Supreme Court's standard would be in those cases. However, I am quite confident in asserting that the USSC hasn't enacted a duty on one school district to supposedly protect the civil rights of students of another school district by not joining a league or conference. I say "supposedly" since this presumes that such a conference could violate the rights of students of schools not in the conference, and that's not only not true, its absurd. Does the existence of the Pac-10 violate the rights of students at Gonzaga? How about Eastern Washington (since they are a state school like UW and WSU)?
If an individual school district changes boundries based on racial lines or draws specific athletic (or other) competition districts based on keeping minorities in one district and whites in another, that would be a big problem legally. But if that same district joins with other districts in a conference that just happens to be majority white and just happens not to invite majority black school districts, that's not illegal.
On the other hand, I can see some bonehead federal district judge signing a restraining order on this deal.
|