Affirmative (mwang6361@gmail.com):

Desegregation (Primary) (Aff v Classic)



The Advantage 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
AND
will our base fears and racial biases begin to fade into the background.


Desegregation is best way to narrow the achievement gap – any risk of a solvency deficit is a reason to vote affirmative

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)
Studies/research proves integration solves achievement gaps
Since the Reagan administration's "A
AND
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)
Racism hurts V2L + higher incomes – breaks cycle of poverty
Our nation is
AND
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)
Harvard study proves 1/3 of people die from inequality
Everyone in a
AND
simply produces a lethally large social and economic gap between rich and poor.


Integration lessens bias and increases culture acceptance.

Colleges and psychological studies prove
Wells et al 16 – Amy Wells: PHD in Education at Columbia, Lauren: PHD in sociology and education, Diana: PHD candidate in Education at Columbia
(Amy, Lauren Fox, Diana Cordova-cobo, 2/9/16, "How Racially Diverse Schools and Classrooms Can Benefit All Students", https://tcf.org/content/report/how-racially-diverse-schools-and-classrooms-can-benefit-all-students/, MW)
Buttressing these arguments on the part of the universities is a growing body of evidence
AND
time, far more central to policy debates in elementary and secondary education.


Racism is perpetuated by myths and furthered by isolation.

Halstead 6/22
(John Halstead, 6-22-2017, "Our Fear Of Black Men Is Racist, And It Killed Philando Castile", http://www.huffingtonpost.com/entry/our-fear-of-black-men-is-racist-and-it-killed-philando_us_594aeb77e4b092ed90588b75, MW)
I was raised to be afraid of Black men. This was communicated in many
AND
that killed Philando Castile. And that means that we are responsible too.


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)
- Spillover because histories of seg used to spillover
~~[*443~~] III
AND
discrimination and to refocus our education reform on equality as a core value.


Desegregation promotes cross-racial understanding that removes racial biases and stereotypes and breaks out of the vicious cycle

Hilbert, 17 —- Associate Professor of Law at Mitchell Hamline School of Law, one of the plaintiffs' attorneys for the Minneapolis NAACP in the 1995 desegregation case (Winter 2017, Jim, Journal of Law & Education, "Restoring the Promise of Brown: Using State Constitutional Law to Challenge School Segregation," 46 J.L. & Educ. 1, Lexis-Nexis Academic, JMP)
B. Inclusion and Diversity — Why (Proper) Desegregation Can Still Matter In
AND
which may in turn provide desegregated educational opportunities for their own children. n149


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
AND
. True, it is a wager, but the stakes are irresistible.


Only the federal government gives the correct signal to remove local opposition and can regulate the quality of education effectively.

Enforce argument, regulate quality of education – perception between doe and doj coming down to your school and forcing you to do something vs local police officer or texas state
Kleven 10—Professor of Law, Thurgood Marshall School of Law (Thomas,
AND
as with the federal promotion of equal educational opportunity in other respects today.


USFG is key to foster and cultivate grassroots movements

Dawson 14 – PHD in pol sci and director of the Center for the Study of Race, Politics and Culture at UChicago
(Michael, 10-22-2014, "Washington Must Redress State Injustice", https://www.nytimes.com/roomfordebate/2013/07/16/state-politics-vs-the-federal-government/washington-must-redress-state-injustice, MW)
Since the nation's founding, "states rights" has been the rallying cry and
AND
national government to bear in the name of decency, dignity and justice.


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)
- Federal government has DOJ, necessary to take leading role because data, enforcement
AND
districts do not actively seek to have the cases terminated. n84



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

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)
Long term commitment – states can't keep it up in the long term
For
AND
. This Article provides a viable strategy to make this federal enforcement possible.


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
AND
disproportionately locking up black men and women constitutes an answer to social ills.


Plan



Thus the plan: The United States federal government, via Section 5 of the Fourteenth Amendment, should regulate K-12 schools that receive public funding by implementing a law that:



Requires states to affirmatively further racially integrated education



Explicitly includes a private right of action for parties to sue for equitable relief if states fail to take measures to affirmatively reduce racial isolation in schools



Creates clear statutory language that confers rulemaking and regulatory authority to the Department of Education's Office for Civil Rights or an independent agency directed by a career employee, rather than a political appointee, to provide federal oversight and enforcement



Authorizes and requires action by the Department of Justice for states that refuse compliance



Funds deliberations that both document the current racial inequities in educational opportunity and provide useful data that may assist states and localities in fostering racially inclusive educational opportunities



Funds research, development, and policy replication to preserve and strengthen federal, state, and local efforts to protect equal access to educational opportunities



Includes the provision of transportation and construction funding to suburban schools, while also increasing school funding for inner-city schools



Solvency



The plan is a comprehensive mechanism to address racial segregation in public education —- congressional action is critical

Epperson, 12 —- Associate Professor of Law, American University Washington College of Law (Winter 2012, Lia, Harvard Law & Policy Review, "SYMPOSIUM: EDUCATION: EQUALITY OF OPPORTUNITY: Legislating Inclusion," 6 Harv. L. & Pol'y Rev. 91, Lexis-Nexis Academic, JMP)
III. CURRENT JUDICIAL CONSTRAINTS AND LEGISLATIVE IMPERATIVES In its examination of Section 5 power
AND
Amendment to consciously create a remedy for twenty-first century structural ills.


DOJ and DOE enforcement are significantly better than any alternative. They have more expertise, data, and resources for key court cases and the application of disparate impact regulations checks back against forms of racism within the school system.

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
- Lee v Macon DOJ was better than NAACP legal defense lawyers
- DOE
AND
one black, one white - separate and un-equal.'"

Negative (rolandhkim@gmail.com):

Counterplans:

Bailout Counterplan
Civics Advantage Counterplan (2NR)
Educational Equality Counterplan
Funding PIC (2NR)
Portability Counterplan (2NR)
Reg-Neg Counterplan
States Counterplan (2NR)
Withold Funding Counterplan (2NR)

Disadvantages:

Base Disadvantage (2NR)
Court Clog Disadvantage
Federalism Disadvantage
Interest Rates Disadvantage (2NR)
Trump Bad Disadvantage (2NR)
Trumpism Disadvantage (2NR)

Impact/Case Turn:

Antiblackness Turn
Competitiveness Bad
Desegregation Bad
Hegemony Bad

Kritik:

Neoliberalism Kritik

Topicality:

T-Agencies
T-Classrooms
T-Secondary