The 6-2 decision reversed a 2012 ruling by the Sixth Circuit Court of Appeals that struck down the voter initiative on the grounds that it violated the 14th Amendment’s Equal Protection Clause, and carved out more power for the states over Washington in the process.
“The big message here is that U.S. Constitution does not prohibit states from considering affirmative action, but neither does it hamper states that want to cut back on that experiment,” said Vikram Amar, a professor and associate dean at the University of California’s Davis Law School. “It’s neither prohibited nor required once it is enacted. It is up to each state how they want to handle this issue — at least for now.”
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4 comments:
It is a step toward righting the wrong of affirmative action with MERIT based entrance to institutions of higher learning!
Take the RACE designation off all applications and let performance dictate who deserves the opportunity.
Affirmative action served its purpose when public schools weren't concentrating their efforts on minority students. Now schools spend incredible amounts on trying to raise the achievement levels of African Americans so, if that's not working, it may have to do with something other than schools. To think changing the curriculum will change the outcome is not based in reality.
7:20 is so correct! Drop the Race space from all applications and let your brains get you into college!
Sure will be a big change on campuses around the country if this happens, no more dumming down of SAT's also.
States rights and as per Justice Kennedy "There 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.”
In other words the voters spoke when they voted on a referendum to overturn affirmative action.
This will have an impact on same sex marriage laws such as Prop 8 in CA. Supreme Court tossed it back to the 9th circuit which allowed Prop 8 to be overturned. Supreme Court came to that decisions only because the appeal was decided on the question of standing. The Supreme Court did not examine or rule whether or not in their view Proposition 8 had violated the U.S. Constitution, which was how this affirmative action case was presented.
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