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Supreme Court Upholds Michigan's Ban On Affirmative Action In College Admissions

Hugh Pickens DOT Com writes: "The Supreme Court, by a vote of 6 — 2, has upheld a Michigan law banning the use of racial criteria in college admissions, finding that a lower court did not have the authority to set aside the measure approved in a 2006 referendum supported by 58% of voters. 'This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it,' wrote Justice Anthony Kennedy. 'Michigan voters used the initiative system to bypass public officials who were deemed not responsive to the concerns of a majority of the voters with respect to a policy of granting race-based preferences that raises difficult and delicate issues.' Kennedy's core opinion in the Michigan case seems to exalt referenda as a kind of direct democracy that the courts should be particularly reluctant to disturb. This might be a problem for same-sex marriage opponents if a future Supreme Court challenge involves a state law or constitutional amendment enacted by voters.

Justice Sonia Sotomayor reacted sharply in disagreeing with the decision in a 58 page dissent. 'For members of historically marginalized groups, which rely on the federal courts to protect their constitutional rights, the decision can hardly bolster hope for a vision of democracy (PDF) that preserves for all the right to participate meaningfully and equally in self-government.' The decision was the latest step in a legal and political battle over whether state colleges can use race and gender as a factor in choosing what students to admit. Michigan has said minority enrollment at its flagship university, the University of Michigan, has not gone down since the measure was passed. Civil rights groups dispute those figures and say other states have seen fewer African-American and Hispanic students attending highly competitive schools, especially in graduate level fields like law, medicine, and science."

5 of 410 comments (clear)

  1. In 2014, racial affirmative action is stupid by Anonymous Coward · · Score: 5, Insightful

    Consider the enormous advantages that say, President Obama's daughters have over say, an Asian girl from a economically disadvantaged family. Yet the check marks that each would mark on a college application would result in the President's daughters getting racial preference.

    This is 2014. The idea that race is the predominant factor, or even a sizable factor, in opportunity is held only by those who wish to use race for their own agendas. The biggest factors now are family structure, and geography. If you grow up in rich suburbia to parents who care, you will have more opportunity than someone who grows up the ghetto to a single parent that is neglectful.

    If you want a level playing field, then look for socioeconomic factors, not race.

  2. Re:Not really needed anymore. by Anonymous Coward · · Score: 5, Insightful

    No, we just want the best to get into schools, not racists who can't spell veil. Protip, if you want a minority to get into a school ahead of a white kid even though the white kid worked harder and scored better, you're a racist.

  3. Re:Justice Sotomayor... by Anonymous Coward · · Score: 5, Insightful

    No, the politically-correct crowd doesn't like to talk about Asians. They are very uncomfortable with the fact that one racial group refused to rest on their race and former discriminatory status as a crutch and excuse for the rest of time. The Asian experience in America flies in the face of their "former oppression excuses all shitty behavior today" philosophy and demonstrates that hard work and determination can indeed overcome the ills of the past. It really pisses them off that Asians don't sit around all day on their front porches drinking 40's and bitching about how whitey is holding them back.

  4. Re:Not really needed anymore. by Anonymous Coward · · Score: 5, Insightful

    Just because someone works harder doesn't mean they deserve to get ahead of someone who is more talented. If you're simply not very intelligent, but work really hard, would we put you in charge of things?

    Probably not.

  5. Re:Justice Sotomayor... by ganjadude · · Score: 5, Insightful

    Its not just asians, Most people here forget how bad the irish had it when they came here years ago. Hell we stil lget called drunks and no one bats an eye to that stereotype. 100 years ago it was not uncommon to see help wanted signs that said "irish need not apply" you dont see the irish out there fighting for affirmative action for the irish do you? You dont see the irish demanding reparations for the way our grandparents were treated when they got here do you?

    --
    have you seen my sig? there are many others like it but none that are the same