High Court Still Faces Crucial Cases Affirmative Action, Random Drug Testing On Docket During Final Weeks Of Term

Disputes over affirmative action, religion and the role of race in drawing up election districts are among the 30 cases still to be decided as the Supreme Court enters the final weeks of its 1994-95 term.

Yet to be resolved are whether public schools can require random student drug tests and a lawsuit over keeping lesbians and gays out of the St. Patrick’s Day parade in Boston.

The court also could issue its most important environmental ruling in nearly 20 years when it decides whether a federal law allows government regulators to ban destruction of wildlife habitats on private property.Several cases before the court involve race and its role in elections, public schools and government spending.

An important affirmative action case asks whether the federal government can continue offering special help to small businesses owned by members of racial or ethnic minorities.

A federal highway program gives prime contractors a bonus if at least 10 percent of their subcontracts go to disadvantaged businesses, including those owned by members of racial minorities.

A white-owned construction company sued the government, saying the policy is an illegal set-aside based on race. Lower courts ruled against the firm, but if the Supreme Court reverses those ruling, it could cripple federal affirmative action programs.

Republicans in Congress have been arguing for an end to most affirmative action programs, and the Clinton administration is reviewing those now in place.

Two voting-rights cases could clarify the extent to which race can be taken into account in drawing districts for federal, state and local elections.

In 1993, the high court ruled that bizarrely drawn election districts meant to help minorities may violate white voters’ rights. Lower courts relied on that decision when they struck down majority-black districts in Louisiana and Georgia.

The Clinton administration supported the states in asking the justices to reinstate the black-dominated districts. Election districts can be drawn to benefit other ethnic or religious groups, and it would be unfair to deny the same help to minorities, the administration argued.

A school desegregation case from Missouri asks the justices to allow court-ordered desegregation plans to be ended even if student achievement has not improved.

Missouri wants to stop paying for a costly Kansas City desegregation plan. Officials say the state has fulfilled its obligation to offer equal opportunity and the question of whether students are learning more is irrelevant.