by Jeffrey Rosen
April 22, 2014
When the Supreme Court handed down yesterday’s decision upholding Michigan’s ban on affirmative action, the initial round of hysteria on the left didn’t last long. By afternoon, liberal bloggers and commentators were stressing that the decision in the Schuette case won’t mean the end of affirmative action as we know it. Above the Law, for example, offered 3 reasons affirmative action will still be okay. (1. “It’s up to the Voters”; 2. “College Admissions Committees are Smarter than Voters”; 3. “Private Schools will still be Awesome.”)
These commentators are right: The practical effects of the Schuette decision, which holds that affirmative action isn’t constitutionally required, are far less dramatic than the Court’s recent decisions holding that affirmative action, in some circumstances, is constitutionally prohibited.