The concept of freedom sketched by these three opinions is an thin one. We have the right to listen to TV ads from PACS. When the executive branch wants to lecture the rest of us about how we should believe in God, we have no right to challenge their actions, taken in our name and with our funds. And when the government sets out to make our children conform, they'd better not give back any guff about the emperor lacking clothes.
-- Garrett Epps
The article concerned the favoritism practiced by this Court, which is different from the justice of specific rulings. I like that he emphasized this, noting that the campaign finance case raised complex issues that really have no easy answer. But, as I said as to "activism" of this Court, you respect them less when you look at the big picture. Epps also highlights the perils of myopic judging. As he noted, today the executive makes many of the individual funding decisions.
So, only giving standing to specific legislative actions robs the principle behind the First Amendment. As Epps notes: "it didn't overrule Flast -- that would have seemed radical," but ... apologies to Thomas ... this really amounts to a matter of aesthetics. "Despite their differences, there is no doubt that all five justices are pleased with the progress they are making on their conservative constitutional rug." Window dressing, which can be a useful device in politics.
As to the race ruling, it is useful not only to look at as a constitutional argument. At least, in a specific sense. As the response to this post notes, why is the sense of entitlement suggested here a good thing? And, traveling to another school has benefits. I'd add in my own experience, the local (parochial) school I went to for junior high left something to be desired, while I traveled to high school by choice of my parents. Also, overall, a diverse student body (and I'd add trip to work ... i.e., the average subway ride) was a good thing.
See also, a recent "For Better or For Worse" story thread concerning a "special needs" student that the younger daughter has befriended.