rosenbaum. >> mr. chief justice, and may it please the court, let me begin, justice kennedy, with the questions you raise and then come to the question that chief justice roberts raised. to begin, justice kennedy, there's no way to distinguish the seattle case from this case nor the hunter case. both those cases have to be overruled. here is why the seattle case is -- is identical to this case. both issues -- both cases involve constitutionally permissible plans which had as their objective obtaining diversity on campuses. seattle was a k through 12 case. this case is a higher education case. but in both instances, the objective was to obtain diversity. no constitutional mandate to relieve past discrimination. rather, in fact, as the court said, seattle, tacoma, and wasco were attempting to deal with de facto segregation. >> is that an accurate description of seattle? i thought that in seattle, before the school board adopted the bussing plan, the city was threatened with lawsuits by the department of