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Used Condition: Good Hardcover. Cancel Log-out. Close The Clock Ticks on Racial Preferences The Supreme Court may soon rule that universities cannot anymore use race as a factor in admissions—some 15 years sooner than Justice O'Connor predicted in The answer lies in a deft, though probably futile, display of judicial gymnastics by Democratic appointees on the Sixth Circuit. Recommend Twitter. The wind has died and the chimes are still again The trees stand tall as they cover me in shade In the mirror a maiden stares at me As the secret fades
The Supreme Court won't hear the current Michigan case now known as Schuette v. Coalition to Defend until the fall, by which time Grutter may no longer be good law.
That is because the justices have heard oral arguments in another racial-preference case, Fisher v. University of Texas, and a decision is expected by June.
As is typical, the result will likely hinge on Justice Anthony Kennedy. He strongly dissented in Grutter, arguing that the majority had "abandoned or manipulated" its standard of "strict scrutiny" in order to uphold racial preferences.
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But he also agreed in principle that a university "may take account of race as one, nonpredominant factor" if its "considered judgment that racial diversity among students can further its educational task" is "supported by empirical evidence. If Justice Kennedy adheres to that position in Fisher, the door will remain at least ajar for racial preferences. But in that event, Schuette will soon after provide an opportunity to revisit Grutter, with the Sixth Circuit having clearly established that Justice Kennedy's dissent was fully justified.
The University of Michigan's racial preferences would then come to an end, some 15 years ahead of schedule by Justice O'Connor's watch.
All Rights Reserved. The Supreme Court may soon rule that universities cannot anymore use race as a factor in admissions—some 15 years sooner than Justice O'Connor predicted in Dow Jones, a News Corp company. News Corp is a network of leading companies in the worlds of diversified media, news, education, and information services. Dow Jones. News Corp. By James Taranto James Taranto. Most Popular Videos.