This Note examines the Ninth Circuit decision in Parents Involved in Community Schools v. Seattle School District Number 1. The introduction provides an overview of the evolution of race-based jurisprudence. In addition, the introduction describes the "open choice" policy established by the School District. Part I explains the progression to strict scrutiny as the applicable standard of review for race-conscious admissions policies. Part II analyzes the procedural history of the Parents Involved cases. Part III compares the admissions policies between public high schools and universities. Part IV proposes a constitutionally permissible race-conscious placement policy for secondary education. Part V concludes that although the Ninth Circuit correctly held that the School District's "open choice" policy was a violation of the Equal Protection Clause of the Fourteenth Amendment, future cases may require a more extensive examination of the differences between high school and university admissions, especially under the latest policies outlined in Grutter v. Bollinger and Gratz v. Bollinger.
What Does Diversity Mean in Seattle?: Parents Involved In Community Schools v. Seattle School District Number 1 Strikes Down the Use of a Racial Tiebreaker, 35 Golden Gate U. L. Rev.