Parents Involved in Community Schools v. Seattle School District, No. 1

GRABER, Circuit Judge,

specially concurring.

I concur specially because the racial tiebreaker that Seattle School District No. 1 uses to assign some public high school students to desirable schools plainly “grant[s] preferential treatment” to those students on the basis of their race, in violation of Initiative 200, which is codified as Washington Revised Code § 49.60.400 (“I-200”).1 Nothing in the United States Constitution or the Washington Constitution forbids the citizens of Washington from enacting a law like 1-200 or requires that the law be interpreted to allow a racial tiebreaker in the…