We'll see how it plays out, but first the immigration bill: there were plenty of problems with it, one of which I pointed out. Now we are thrown back onto the status quo, which will benefit the usual suspects. I wouldn't hold my breath for a wave of enforcement and DeMescanization. The Wall Street Journal crowd, for all their posturing, will yet have their cheap labor, and the rambunctious Right a scalp to play with for a while, till Michael Moore or some other bauble distracts them. Always bet long on the moneyed Right over their yahoo adjuncts.
The judgment on Parents Involved in Community Schools v. Seattle School Dist. No. 1, however, is more serious. It signals that affirmative action will soon be a thing of the past, broken by whatever similar new cases come before the Roberts Court (and, rest assured, they will). Some Volokh commenters disagree, based largely on Kennedy's opinion, but keep in mind that Justice Stevens is 87 years old, a Democratic Administration in '08 is far from a sure thing, and the lower courts are packed with Republican appointees for whom the overturn of any desegregation plan is as holy a grail as the overturn of Roe v. Wade.
This may come from too much recent exposure to Rod Dreher, but I judge from the tenor of the conservative blogosphere that the racial component in both these cases pleases them. Take, for one highly-placed and egregious example, Kathryn Jean Lopez, editor (!!!) of National Review Online, who reproduces a picture of presumptive Mescans who are wearing t-shirts and cheap pants instead of suits and declares:
I don't blame any American for wondering. Did you see the NYTimes picture of the illegal immigrants immigration-bill proponents brought to the Senate??The formalities require that I make a pithy reference here, but really, words fail me. I can only thank God there were no pictures of African-Americans outside the Supreme Court available for this awful woman to comment on.
As a Senate friend said to me about it: "all they did was remind people what the problem is. These guys aren’t living in the shadows—they’re walking around unabated in the United States Capitol. Why, if you’re trying to make the case for amnesty, would you remind people of the local 7-11, where you sometimes can’t get to your car for all the day laborers? Dumb, dumb move."
Few such voices have been so full-throated on Parents yet. The Wall Street Journal, as in the Mescan case, follows the money ("Leave aside also the evidence that the best way to achieve greater racial diversity in schools is through the freedom to choose either public or private schools with vouchers, scholarships or tax credits"), while some of our better known racial obsessives ("lays claim to a more 'nuanced' view of the desirability of racial 'diversity' that will serve to keep alive its use as a compelling interest in some narrow cases [despite, I should add, recent research that shows the use of 'diversity' in social engineering schemes has had a decidedly unhealthy social impact...]) follow their own, exceedingly particular demons.
Maybe there's no need to make it obvious, or rather, a very deep need to keep it on the downlow. The brown folk, being more recent arrivals, get open contempt, while the black folk, having been imported for cheap labor centuries earlier, get a quieter kind of treatment. Still, I expect our conservative brethren cannot help themselves, and will respond with all deliberate speed.