« Good Morning Blogosphere (Blog Author's Tour) - Submissions For Episode 3 Open | Main | OTB Caption Contest »

UMich Affirmative Action Case Decisions

The 20 point undergraduate minority preference at University of Michigan has been struck down by Supreme Court, but the law school admission policy was upheld.

Court Upholds Mich. Affirmative Action is what AP is reporting.

AP now has the full story of both decisions here.

"Government has a compelling interest in promoting racial diversity on campus, but the undergraduate school's admissions policy is not the way to get there", the court majority said.

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 undergraduate policy was cited as too broad, failing the constitutional test of "narrow tailoring.'' Affirmative action and diversity programs are OK as long as they meet this new constitutional test. I could be wrong, but I bet that you can't find the words "narrow tailoring" together anywhere in the Constitution or the Amendments. Who says the judiciary doesn't have law making powers... :-)

Defining "narrowly tailored" is left to each university to define. Endless litigation shall ensue... Somehow the lawyers always end up the real winners.

The comment section for this entry is now closed.






Follow Wizbang

Follow Wizbang on FacebookFollow Wizbang on TwitterSubscribe to Wizbang feedWizbang Mobile


Send e-mail tips to us:

[email protected]

Fresh Links


Section Editor: Maggie Whitton

Editors: Jay Tea, Lorie Byrd, Kim Priestap, DJ Drummond, Michael Laprarie, Baron Von Ottomatic, Shawn Mallow, Rick, Dan Karipides, Michael Avitablile, Charlie Quidnunc, Steve Schippert

Emeritus: Paul, Mary Katherine Ham, Jim Addison, Alexander K. McClure, Cassy Fiano, Bill Jempty, John Stansbury, Rob Port

In Memorium: HughS

All original content copyright © 2003-2010 by Wizbang®, LLC. All rights reserved. Wizbang® is a registered service mark.

Powered by Movable Type Pro 4.361

Hosting by ServInt

Ratings on this site are powered by the Ajax Ratings Pro plugin for Movable Type.

Search on this site is powered by the FastSearch plugin for Movable Type.

Blogrolls on this site are powered by the MT-Blogroll.

Temporary site design is based on Cutline and Cutline for MT. Graphics by Apothegm Designs.

Author Login

Terms Of Service

DCMA Compliance Notice

Privacy Policy