June 23, 2003

The Supreme Court's split decision on the affirmative action programs at Michigan is the big news today. I'm not going to read the decisions for awhile (those who care for more thorough legal analysis should go here, here, or here), but I can't help but think that this is at least a huge symbolic victory for supporters of the policy. Since the Bakke decision, there had been an inexorable movement in the courts towards banning race-based remedies, and I think that a lot of people assumed the Supreme Court would definitively strike down affirmative action this time. Although the Court's ruling left state laws like Prop. 209 in California on the books, it takes a lot of the momemtum away from affirmative action opponents, who must now acknowledge that government programs that seek racial diversity as a goal are constitutional.

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