College affirmative action back on Supreme Court’s horizon – The Washington Post.
College affirmative action back on Supreme Court’s horizon
When the Supreme Court in 2003 narrowly approved the consideration of race in public university admission decisions, it came with loads of restrictions and a sort of expiration date.“We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today,” Justice Sandra Day O’Connor wrote for the majority in Grutter v. Bollinger .But, of course, O’Connor is now retired from the court, replaced by Samuel A. Alito Jr., a justice far more skeptical of racial remedies. And two recent decisions in lower courts have raised the prospect that the issue will return to the high court far ahead of O’Connor’s timeline.
One is from Texas, where a panel of the U.S. Court of Appeals for the 5th Circuit upheld a race-conscious admissions policy at the University of Texas at Austin. An attempt to have the entire circuit hear the case failed 9 to 7, and dissenters practically invited the Supreme Court to step in.
The other is from Michigan, where voters in 2006 passed a constitutional amendment to forbid the state’s public colleges and universities from granting “preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin.”
Read the full story here: The Washington Post