In the struggle against racism, we haven't overcome yet

For the moment, the Supreme Court is apparently not ready to dismantle the system that was designed to ameliorate such problems. In relatively narrow decisions in the Austin and New Haven cases, the court declined to invalidate Section 5 of the Voting Rights Act, or to declare New Haven's decision to throw out the employment tests unconstitutional. Similarly, several years ago the court decided not to reject race-conscious admissions policies in schools.

But it's not clear how long this conservative court will hold off. In the Austin case, the court noted ominously that "we are now a very different Nation" and hinted that a new look at the constitutional issues surrounding race might be coming. In the New Haven case, Justice Antonin Scalia wrote that the court "merely postpones the evil day" when these issues will be taken up.

We urge caution. It may seem obvious to some conservatives that America has won its long struggle against racism and that a new era has dawned. But for California's students, its new immigrants and its prisoners, among others, it's not so clear that the battle is over.