FYI- Reactions to the Supreme Court Upholding Michigan's Affirmative Action Ban

Today the Supreme Court in a decision that included part of the liberal side and the more conservative side of:

The Supreme Court has upheld Michigan's affirmative action ban, ruling that the state has the right to determine whether racial preferences can be considered in college admissions. 

In a 6-2 ruling on Tuesday, the justices said that a lower federal court was wrong to set aside the change as discriminatory. The Supreme Court ruled that Michigan voters had the right to change their state constitution to bar public colleges and universities from using race as a factor in admissions.

Justice Anthony Kennedy, writing for the majority, suggested that right extends even beyond college policies.

"There is no authority in the federal constitution or in the [courts'] precedents for the judiciary to set aside Michigan laws that commit to the voters the determination whether racial preferences may be considered in governmental decisions, in particular with respect to school admissions," he wrote.

Some reactions from some conservative leaders.

“The U.S. Supreme Court made the right call today,” [Michigan Attorney General Bill] Schuette [R] said in a statement. “Our state constitution requires equal treatment in college admissions, because it is fundamentally wrong to treat people differently based on the color of their skin. A majority of Michigan voters embraced the ideal of equal treatment in 2006, and today their decision was affirmed.”

Project 21, a black conservative group, praised the ruling in a statement.

"Today, the Supreme Court moved us closer to the colorblind principle that Martin Luther King advocated and that is embedded in the 14th Amendment," said Project 21 Co-Chairman [and RNLA member] Horace Cooper, a former constitutional law professor. "I'm pleased that the principle of treating all Americans the same under the law can go forward in Michigan.”

Additional reactions:

Gail Heriot, Professor of Law at the University of San Diego and member of the U.S. Civil Rights Commission: "This was expected.  It is simply not true that the Constitution forbids states from prohibiting race discrimination by their own agents.  What is disappointing is that two Justices dissented."

Judicial Crisis Network Chief Counsel Carrie Severino: “The Supreme Court’s decision in Schuette v. BAMN today reaffirmed the importance of self-government to our way of life.  Significantly, the Court emphasized the value of allowing hotly contested policy decisions to be debated in the states rather than encouraging one-size-fits-all orders from Washington.  As Justice Kennedy stated, ‘This case is not about how the debate about racial preferences will be resolved.  It is about who will resolve it.’  In preserving for the states and the people the right to pursue race-neutral policies with respect to hiring and higher education, the Court reaffirmed the blessings of liberty and equality under law for another generation.”


Linda Chavez, chairman of the Center for Equal Opportunity: “This is a welcome decision, and in fact any other outcome would be been ridiculous.  The Center for Equal Opportunity hopes that all states will join Michigan and the other states that have already banned preferences and discrimination – and that Congress will do so as well.”