Supreme Court vs. Affirmative Action

Is a law racially discriminatory if it forbids racial discrimination?  The Supreme Court ruled “no,” upholding a Michigan referendum that forbids racial considerations–that is, affirmative action programs– in college admissions. From Supreme Court upholds Michigan’s ban on racial preferences in university admissions – The Washington Post:

The Supreme Court on Tuesday made clear that states are free to prohibit the use of racial considerations in university admissions, upholding Michigan’s constitutional amendment banning affirmative action.

By a vote of 6 to 2, the court concluded that it was not up to judges to overturn the 2006 decision by Michigan voters to bar consideration of race when deciding who gets into the state’s universities.

The ruling could encourage other states to join the handful that have such prohibitions, including California and Florida. Higher-education officials have warned that those states have seen a decline in the number of minorities admitted to their flagship universities.

The decision further illustrates the court’s skepticism about race-conscious government programs. In effect, the ruling says that universities may still employ the limited consideration of race authorized in previous Supreme Court rulings. But it also said that voters and legislators also have the right to curtail such plans.

For the complete ruling, go here.