Yesterday, the Supreme Court sort of upheld race-based affirmative action. In the case of Fisher v. Texas, in which a white girl named Abigail Fisher sued the University of Texas for not admitting her and practicing race-based affirmative action, a lower court ruled in favor of the University.
Many Supreme Court watchers expected the conservative justices on the Supreme Court would overturn the lower court’s decision and rule that affirmative action was unconstitutional. Instead, the Court ruled 7-1 (with 1 abstention) that the case should be reargued in the lower court. Basically, the Court dodged the question of whether race-based affirmative action is constitutional.
So the press turned to the next best authority on affirmative action: Prezbo, who was involved in two landmark affirmative action case back in 2002, when he was president of the University of Michigan. In those cases, Gratz v. Bollinger and Grutter v. Bollinger, the Court basically ruled that it was OK for schools to consider race in admissions, as long as they didn’t set racial quotas or say that being black was equal to a certain number of SAT points. The Court also insisted, as they had in an earlier case called Bakke v. University of California, that race could only be used for the purpose of having a diverse class, not to correct for historical discrimination against minorities.