HOW PUSILLANIMOUS

Court Upholds Use of Race in College Admissions With Limits (THE ASSOCIATED PRESS, June 23, 2003)

In two split decisions, the Supreme Court on Monday ruled that minority applicants may be given an edge when applying for admissions to universities, but limited how much a factor race can play in the selection of students.

The high court struck down a point system used by the University of Michigan, but did not go as far as opponents of affirmative action had wanted. The court approved a separate program used at the University of Michigan law school that gives race less prominence in the admissions decision-making process.

The Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body," Justice Sandra Day O'Connor wrote.

The court divided in both cases. It upheld the law school program that sought a "critical mass" of minorities by a 5-4 vote, with O'Connor siding with the court's more liberal justices to decide the case.

The court split 6-3 in finding the undergraduate program unconstitutional. Chief Justice William H. Rehnquist wrote the majority opinion in the undergraduate case, joined by O'Connor and Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Stephen Breyer.

Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg dissented.

Potter Stewart would be proud: they don't know what level of racism is proper, but they'll know it when they see it. This sets up courts to review every plan in the country. Posted by Orrin Judd at June 23, 2003 11:17 AM