25
Jun
13

6.25.13 … Texas Affirmative-Action Case: How often do you get a 7-1 punt!

Supreme Court, Texas Affirmative-Action Case, WSJ.com: “a broad consensus across the court’s ideological spectrum” – I wasn’t expecting that one.

Justice Anthony Kennedy’s opinion reflected a broad consensus across the court’s ideological spectrum, from Justice Clarence Thomas to Justice Sonia Sotomayor—both of whom say affirmative action brought them to Yale Law School, but today take opposite positions on whether universities should grant preferences to underrepresented minorities.

Both sides took solace in the 7-1 ruling. Justice Elena Kagan, who as solicitor general participated in the Obama administration’s defense of affirmative action, sat out. In dissent, Justice Ruth Bader Ginsburg wrote that the UT plan passed muster and shouldn’t be returned to the lower courts for additional review.

When the case was granted in February 2012, it was widely seen as an opportunity for an emboldened conservative majority on the Supreme Court to roll back the explicit use of racial preferences, a practice that has drawn skepticism from several members of the court’s right wing. Arguments in October, at the first sitting of the court’s current term, suggested that affirmative action, almost an article of faith within the higher education establishment, would be sharply curtailed and possibly eliminated outright.

But Justice Kennedy clearly was unwilling to join four other conservatives in such a dramatic move. Rather than splinter the court over such a socially fraught issue without providing a clear resolution, the justices apparently decided to stick together in a narrow decision that leaves the ultimate fate of affirmative action to a future case.

via Supreme Court Punts on Texas Affirmative-Action Case – WSJ.com.


0 Responses to “6.25.13 … Texas Affirmative-Action Case: How often do you get a 7-1 punt!”



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