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.