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Supreme Court backs power of states to ban affirmative action
The Hill
Rebecca Shabad
4/22/2014
Excerpt:
The Supreme Court on Tuesday ruled that states have the right to ban the consideration of race in the college admission process, dealing another defeat to advocates of affirmative action.
In a 6-2 ruling, the justices upheld a Michigan ballot initiative known as Proposal 2 that was approved in 2006 and changed the state’s constitution to prohibit public colleges and universities from considering race.
Seven other states — Arizona, California, Florida, Nebraska, New Hampshire, Oklahoma and Washington — have similar policies in place.
Justice Anthony Kennedy wrote the plurality opinion in the case, Schuette v. Coalition to Defend Affirmative Action, and said the court determined it does not have the authority to override the will of Michigan voters when it comes to affirmative action.
“[We] concluded that there is no authority in the Federal Constitution or in this Court’s precedents for the Judiciary to set aside Michigan laws that commit to the voters the determination whether racial preferences may be considered in governmental decisions, in particular with respect to school admissions,” he wrote.
“This case is not about how the debate about racial preferences should be resolved,” Kennedy wrote. “It is about who may resolve it.”
Chief Justice John Roberts and Justice Samuel Alito joined Kennedy on the ruling. Justices Antonin Scalia, Clarence Thomas and Stephen Breyer concurred.
Justice Sonia Sotomayor, the first Hispanic Supreme Court justice, wrote a dissent backed by Justice Ruth Bader Ginsburg that said the decision crushes minority rights.
“Without checks, democratically approved legislation can oppress minority groups," wrote Sotomayor.
Judges "ought not sit back and wish away, rather than confront, the racial inequality that exists in our society," she wrote.
Justice Elena Kagan recused herself from the case, possibly because she worked on affirmative action during her time as solicitor general. She has also served in higher education as dean of Harvard Law School.
White House press secretary Jay Carney declined to weigh in on the ruling, but said President Obama “believes that diversity in the classroom is important for students, campuses and schools.”
“As you know, the president has said that while he opposes quotas and thinks an emphasis on universal and not race-specific programs is good policy, considering race, along with other factors, can be appropriate in certain circumstances,” Carney said.
Congressional Black Caucus Chairwoman Marcia Fudge (D-Ohio) said the ruling sets a "dangerous precedent."
"Today’s Supreme Court decision reinforces that preferential treatment based on privilege in our society can continue, while affirming that public policies that level the playing field for the disadvantaged are not a priority," she said in a statement.
"This is another disappointing decision by the Supreme Court that removes federal protection against racial discrimination in our communities, and allows discrimination to occur more frequently on campuses across the country and in other sectors of our society.”
The Supreme Court’s decision is another setback for supporters of affirmative action, which became prominent in the wake of the 1960s civil rights movement and has become a politically charged issue.
..........................................
View the complete article, including video, at:
http://thehill.com/blogs/blog-briefi...#ixzz2ze3ZCDhF
The Hill
Rebecca Shabad
4/22/2014
Excerpt:
The Supreme Court on Tuesday ruled that states have the right to ban the consideration of race in the college admission process, dealing another defeat to advocates of affirmative action.
In a 6-2 ruling, the justices upheld a Michigan ballot initiative known as Proposal 2 that was approved in 2006 and changed the state’s constitution to prohibit public colleges and universities from considering race.
Seven other states — Arizona, California, Florida, Nebraska, New Hampshire, Oklahoma and Washington — have similar policies in place.
Justice Anthony Kennedy wrote the plurality opinion in the case, Schuette v. Coalition to Defend Affirmative Action, and said the court determined it does not have the authority to override the will of Michigan voters when it comes to affirmative action.
“[We] concluded that there is no authority in the Federal Constitution or in this Court’s precedents for the Judiciary to set aside Michigan laws that commit to the voters the determination whether racial preferences may be considered in governmental decisions, in particular with respect to school admissions,” he wrote.
“This case is not about how the debate about racial preferences should be resolved,” Kennedy wrote. “It is about who may resolve it.”
Chief Justice John Roberts and Justice Samuel Alito joined Kennedy on the ruling. Justices Antonin Scalia, Clarence Thomas and Stephen Breyer concurred.
Justice Sonia Sotomayor, the first Hispanic Supreme Court justice, wrote a dissent backed by Justice Ruth Bader Ginsburg that said the decision crushes minority rights.
“Without checks, democratically approved legislation can oppress minority groups," wrote Sotomayor.
Judges "ought not sit back and wish away, rather than confront, the racial inequality that exists in our society," she wrote.
Justice Elena Kagan recused herself from the case, possibly because she worked on affirmative action during her time as solicitor general. She has also served in higher education as dean of Harvard Law School.
White House press secretary Jay Carney declined to weigh in on the ruling, but said President Obama “believes that diversity in the classroom is important for students, campuses and schools.”
“As you know, the president has said that while he opposes quotas and thinks an emphasis on universal and not race-specific programs is good policy, considering race, along with other factors, can be appropriate in certain circumstances,” Carney said.
Congressional Black Caucus Chairwoman Marcia Fudge (D-Ohio) said the ruling sets a "dangerous precedent."
"Today’s Supreme Court decision reinforces that preferential treatment based on privilege in our society can continue, while affirming that public policies that level the playing field for the disadvantaged are not a priority," she said in a statement.
"This is another disappointing decision by the Supreme Court that removes federal protection against racial discrimination in our communities, and allows discrimination to occur more frequently on campuses across the country and in other sectors of our society.”
The Supreme Court’s decision is another setback for supporters of affirmative action, which became prominent in the wake of the 1960s civil rights movement and has become a politically charged issue.
..........................................
View the complete article, including video, at:
http://thehill.com/blogs/blog-briefi...#ixzz2ze3ZCDhF