1ac_Desegregation



1ac – plan



Plan: The United States federal government, including the Department of Education and Department of Justice, should impose and enforce disparate impact regulations on primary and/or secondary educational institutions receiving federal financial assistance, including a presumption against a school system's choice to assign students in a way that would lead to racial isolation, where non-isolating steps are available.



1ac – desegregation



Contention one is desegregation



School segregation is still rampant —- tolerating this, whether in the name of "educational quality" or "school choice" just lets racism win —- the constitution demands that public institutions comply with the law

Black, 6/6/17 —- Professor of Law, University of South Carolina (Derek, "Education in America Has Deep Flaws—and That's Why Racial Segregation Is on the Rise,"
https://theconversation.com/why-schools-still-cant-put
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will our base fears and racial biases begin to fade into the background.


A retreat of DOJ enforcement has allowed a resurgence in segregation —- federal agencies have a comparative advantage in enforcing regulations and compelling local cooperation

HEW= Health, Edu, and Welfare sector
Landsberg, 16 —- Professor Emeritus, Pacific McGeorge School of Law (Brian K., Fall 2016, Duke Journal of Constitutional Law & Public Policy, "LEE V. MACON COUNTY BOARD OF EDUCATION: THE POSSIBILITIES OF FEDERAL ENFORCEMENT OF EQUAL EDUCATIONAL OPPORTUNITY," 12 Duke J. Const. Law & Pub. Pol'y 1, Lexis-Nexis Academic, JMP) ***Note – HEW = United States Department of Health, Education and Welfare
"There is nothing more difficult to plan, more doubtful of success, nor
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later their cases were sent to the judicial district where they were located.


Desegregation is the best way to narrow achievement gap —- just making separate schools better isn't sufficient

Theoharis 15 – PHD and a chair in the School of Education at Syracuse
(George, 10/23/15, "'Forced busing' didn't fail. Desegregation is the best way to improve our schools.", https://www.washingtonpost.com/posteverything/wp/2015/10/23/forced-busing-didnt-fail-desegregation-is-the-best-way-to-improve-our-schools/?utm_term=.99e5c334fa60, MW)
Since the Reagan administration's "A Nation at Risk" report pronounced that schools across
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the back of the education bus, it will always be the back.


Closing the academic achievement gap directly challenges social inequality and boosts health outcomes

Lynch & Oakford, 14 —- *professor of economics in the Department of Economics at Washington, AND **Policy Analyst at the Center for American Progress (Robert & Patrick, "The Economic Benefits of Closing Educational Achievement Gaps; Promoting Growth and Strengthening the Nation by Improving the Educational Outcomes of Children of Color," https://www.americanprogress.org/issues/race/reports/2014/11/10/100577/the-economic-benefits-of-closing-educational-achievement-gaps/, accessed on 7/1/16, funk+JMP)
Our nation is currently experiencing growing levels of income and wealth inequality, which are
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and ethnic achievement gaps could amply pay for themselves in the long run.


Inequality kills tens of thousands each year

Bezruchka, '14 — Senior Lecturer in Health Services and Global Health at the School of Public Health at the University of Washington, holds a Master of Public Health from Johns Hopkins University and an M.D. from Stanford University ("Inequality Kills," Divided: The Perils of Our Growing Inequality, Edited by David Cay Johnston, p.194-195)
Everyone in a society gains when children grow up to be healthy adults. The
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simply produces a lethally large social and economic gap between rich and poor.


U.S. legal changes are modeled by other countries —- civil rights protections in education are critical to overall equality —- they help sustain social movements

Willie, 14 —- professor emeritus at the Harvard Ed School, served as a consultant, expert witness, and court-appointed master in major school desegregation cases in cities such as Boston, Hartford, Dallas, Denver, Houston, Kansas City, Little Rock, Milwaukee, San Jose, Seattle, and St. Louis (6/4/14, Charlies, "Brown at 60 and Milliken at 40," https://www.gse.harvard.edu/news/ed/14/06/brown-60-milliken-40, accessed on 5/14/17, JMP)
Michelle Obama has reminded us to remember this: "Movements for real and lasting
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that is similar in some ways to the Constitution of the United States.


Federally enforced regulations are key to desegregation —- government agencies have superior expertise, information gathering, compliance monitoring, and planning

Landsberg, 16 —- Professor Emeritus, Pacific McGeorge School of Law (Brian K., Fall 2016, Duke Journal of Constitutional Law & Public Policy, "LEE V. MACON COUNTY BOARD OF EDUCATION: THE POSSIBILITIES OF FEDERAL ENFORCEMENT OF EQUAL EDUCATIONAL OPPORTUNITY," 12 Duke J. Const. Law & Pub. Pol'y 1, Lexis-Nexis Academic, JMP) ***Note – HEW = United States Department of Health, Education and Welfare
V. The Significance of Lee v. Macon County Board of Education A
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and DOE to renew legal efforts to overcome racial isolation in the schools.


DOJ is critical to advance, monitor and enforce desegregation cases, including those addressing imbalances within schools

Holley-Walker, 12 —- Associate Professor of Law, University of South Carolina School of Law, J.D. from Harvard (Winter 2012, Danielle, Georgia State University Law Review, "A NEW ERA FOR DESEGREGATION," 28 Ga. St. U.L. Rev. 423, Lexis-Nexis Academic, JMP)
A. The Role of the Federal Government The federal government will likely be the
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but many districts do not actively seek to have the cases terminated. n84


Government based education reforms can transform society —- defeatist attitudes ensure the world stays the same

Glaude 16—Professor of African American Studies and Religion at Princeton and a PhD in Religion from Princeton ~~[Eddie S., Jr., Democracy in Black: How Race Still Enslaves, p. 185-197~~]
But Goldwater failed to realize that governmental indifference can harden hearts, and government action
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disproportionately locking up black men and women constitutes an answer to social ills.


Enforcing desegregation in public education will serve as a bridge to link ongoing racial disparities with historic racial discrimination and challenge white supremacy —- advances equality in prisons, mental health facilities, housing authorities, and police departments

Holley-Walker, 12 —- Associate Professor of Law, University of South Carolina School of Law, J.D. from Harvard (Winter 2012, Danielle, Georgia State University Law Review, "A NEW ERA FOR DESEGREGATION," 28 Ga. St. U.L. Rev. 423, Lexis-Nexis Academic, JMP)
~~[*443~~] III. WHY WE NEED A NEW ERA OF DESEGREGATION The
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discrimination and to refocus our education reform on equality as a core value.


One-shot policies won't produce lasting change —- federal equal protection is superior —- has an inherently larger enforcement capacity to ensure continued implementation- it spills over to the states

Black, 10 —- Associate Professor of Law and Director, Education Rights Center, Howard University School of Law (March 2010, Derek, William and Mary Law Review, "UNLOCKING THE POWER OF STATE CONSTITUTIONS WITH EQUAL PROTECTION: THE FIRST STEP TOWARD EDUCATION AS A FEDERALLY PROTECTED RIGHT," 51 Wm. & Mary L. Rev. 1343, Lexis-Nexis Academic, JMP)
For these same reasons, federal equal protection has the capacity to produce some results
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. This Article provides a viable strategy to make this federal enforcement possible.


1ac – framing



Contention two is framing



Challenging institutional racism is a prior ethical question— it makes violence structurally inevitable and foundationally negates morality making defenses of utilitarianism incoherent

Memmi, 2k —- Professor Emeritus of Sociology @ U of Paris, Naiteire (Albert, Racism, Translated by Steve Martinot, p. 163-165)
The struggle against racism will be long, difficult, without intermission, without remission
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. True, it is a wager, but the stakes are irresistible.


Consequentialism is wrong- we are only responsible for our actions

Harris, 8 (Alex, J.D. Stanford University, Harvard University Bachelors (magna cum laude), Practicing Appellate and Constitutional Law at Gibson, Dunn & Crutcher LLP, former Adjunct Analyst at The Competitive Enterprise Institute, "Philosopher's Corner: The Principle of Intervening Action", https://cei.org/blog/philosophers-corner-principle-intervening-action, August 15, 2008, ak.) ***Note —- PIA = Principle of Intervening Action
Gewirth takes the position that we are solely responsible for the morality of our own
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never be violated for any reason, including preventing future rights-violations.


No great power war – deterrence, interdependence

John Aziz 14, former economics and business editor at TheWeek.com, Don't worry: World War III will almost certainly never happen, March 6, http://theweek.com/article/index/257517/dont-worry-world-war-iii-will-almost-certainly-never-happen
Next year will be the seventieth anniversary of the end of the last global conflict
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countries are less desperate to go to war to seize other people's stuff.


Their war impacts trade off focus with structural violence and causes our impacts

Jackson 12—Director of the National Centre for Peace and Conflict Studies, the University of Otago. Former. Professor of International Politics at Aberystwyth University (8/5/12, Richard, The Great Con of National Security, http://richardjacksonterrorismblog.wordpress.com/2012/08/05/the-great-con-of-national-security/)
It may have once been the case that being attacked by another country was a
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terrorism. Somehow, we need to challenge the politicians on this fact.


Structural violence outweighs – social bias underrepresents its exponential effects

Nixon 11 (Rob Nixon is the Rachel Carson Professor of English, University of Wisconsin-Madison, NY Times Contributor and former is an affiliate of the Nelson Institute for Environmental Studies the Harvard University Press 2011 "Slow Violence and the Environmentalism of the Poor" Pg 2-3 http://www.elimeyerhoff.com/books/nixon-rob—slow-violence-and-the-environmentalism-of-the-poor.pdf)
Underlying his plan is an overlooked but crucial subsidiary benefit that he outlined: offloading
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are scientifically convoluted cataclysms in which casualties are postponed, often for generations.