Academia, Constitutional Law, Politics, Society

Supreme Court Declares States Can Bar Racial And Other Preferences In University Admissions

Supreme CourtI was just on CNN discussing the decision in Schuette v. BAMN, reversing the United States Court of Appeals for the Sixth Circuit and declaring that the citizens of Michigan have the constitutional authority to prohibit racial and other preferences in university admissions. We addressed this case this term in my Supreme Court class and the students voted not only in the same way as the majority today but predicted this result. What was surprising was the vote — 6-2. Only Justice Sotomayor and Ginsberg voted to upheld the Sixth Circuit.

This is clearly a breakthrough decision for those who have opposed racial and other preferences in admissions. In the past, these issues have inevitably ended up in the courts as the final arbiter of the constitutionality of affirmative action programs. Now, the Supreme Court is saying overwhelmingly that citizens can make these decisions for themselves. It creates a clear avenue by which affirmative action could be curtailed by direct action of the voters — bringing clarity that many have sought for decades of conflicted judicial rulings. Seven states have similar rules but this decision is likely to encourage others to follow suit.

Justice Kennedy wrote the main decision, which limited the political-process line of cases represented by Parents Involved in Community Schools v. Seattle School District. Kennedy stressed that “This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it.” In the view of the majority “[t]here is no authority in the Constitution of the United States or in this court’s precedents for the judiciary to set aside Michigan laws that commit this policy determination to the voters. . . Democracy does not presume that some subjects are either too divisive or too profound for public debate.”

Justice Scalia wanted to go even further and get rid of much of that jurisprudence. However, this decision is potentially sweeping enough for most of the justices. Chief Justice Roberts and Alito joined Kennedy though Roberts filed a concurring opinion. Thomas joined with Scalia in his concurrence in arguing to go all the way in gutting the political-process line of cases. Justice Breyer concurred in the judgment while Justices Sotomayor and Ginsburg dissented. Justice Kagan probably would have joined in that dissent but recused herself. Even with Kagan however the vote would still have been lopsided at 6-3. Instead, it stands at 6-2. That is a sharp departure from the historically razor thin margins in cases like Grutter, Gratz, and others.

Sotomayor wrote a 58 page dissent (longer than all of the other opinions combined) and objected that the Court needed to limit voters because “without checks, democratically approved legislation can oppress minority groups.”

At 58 pages, Sotomayor’s dissent was longer than the combined length of the four opinions in support of the outcome.

In our vote, the Supreme Court seminar voted 11-4 in favor of reversing the Sixth Circuit and 11-4 in predicting that that “other Supreme Court” would also reverse. The United States Supreme Court (while producing multiple opinions) proved less ideologically divided in the outcome than the Sixth Circuit. On the lower court decision upholding the dismissal of the action, the eight judges in the majority were nominees by Democratic presidents while the seven judges in dissent were appointed by Republican presidents.

Here is the opinion.

689 thoughts on “Supreme Court Declares States Can Bar Racial And Other Preferences In University Admissions”

  2. I have seen Hispanic kids warehoused in special ed rather than ESL classes because it was less expensive for the school district. And special ed paid better than ESL. However, some of what you say is true. I have seen some of that in my class room. I have seen students who will act out hoping to be kicked out of school, just before a big test. I have seen gang members take a dive on a test because no one in the gang can have a higher grade than anyone else in the gang. I have seen students beaten so badly that I thought they should be hospitalized, but they showed up at school (they had been jumped in). The jumped in girls were gang-banged so I would not know about it until they starting flying their colors.
    Arizona only pays for public education until you reach 21 but every school I have worked at has had a couple of students who were over 21 that we had on the roster that we absorbed because they wanted a high school education. We taught them for free because they wanted the education.

  3. For chrissake can’t you figure out what misinformation you’re going to spread?

  5. Paul Schulte

    Dredd – this is going to come as a shock to you but Bush I was term limited by the US Constitution and Barry Goldwater retired.
    ==========
    Why would an error from you be a shock?

  6. Paul Schulte

    Elaine – what is worse is that kids are coming to school and are not potty trained.
    =============
    And worse still is that some of them still shit where they eat when they get to the climate change denier racist GOP caucus in the House.

  7. Elaine – what is worse is that kids are coming to school and are not potty trained.

  9. Paul S

    I would suggest that one explanation might be that kids who are pretty disadvantaged might be misdiagnosed because they lack many skills. Or, being aware of their shortcomings, withdraw, in an attempt to become invisible setting up a spiral of falling further and further behind. They then are held back. (Boo hoo. More tax dollars from you.)

    Boy. I would have thought teachers would have seen this a million times.

  10. Strawman. I and most would be very happy to fund an early childhood program THAT WORKS. I rail against defense waste and weapons THAT DON’T WORK. Create a program that WORKS. Head Start does not.

  11. feynman

    Annie, some would have come into school not knowing, shapes, colors, limited vocabularies, and without having had a book of their own.

    Incredible that some would consider it a waste to improve their lives. They are our children. And if nothing else, they are our future.

    *****

    I agree. I guess some would think it better if we spent our tax dollars on wars, the military, and corporate subsidies.

  12. Paul S

    Just because it sends an extraordinary jolt to my brain, please tell me again that you spent some years teaching.

    And then, if you have a moment, maybe you could clarify about Bush I term limitations.

    Thanks.

    1. Bush I lost to Clinton, Bush Ii was term limited, good catch. 1992 was when Perot got 19% of the vote allowing Clinton to win. Do apologize, was paying my plumber an outrageous amount of money to fix my toilet and my mind was still on that. No excuse, just a reason.

  13. The OFFICIAL study, commissioned by Clinton, showed “No demonstrable improvement in academics, socioeconomics or health.”

  14. Arizona has a half day kindergarten for ALL kids regardless of race, color or creed.

  15. It was CLINTON who commissioned the study and hired the guy from BROOKINGS.

  18. Annie, some would have come into school not knowing, shapes, colors, limited vocabularies, and without having had a book of their own.

    Incredible that some would consider it a waste to improve their lives. They are our children. And if nothing else, they are our future.

  19. Paul,

    If someone says that there are reduced special education needs because of Head Start you translate that as someone saying that Head Start is a cure for special ed? Really?

    1. Elaine – what would you consider it? It magically disappeared? If you have a special need where did it go? How is there suddenly a reduced need for services?

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