Posted on 27 June 2013.
The U.S. Supreme Court did not outlaw affirmative action in a widely-anticipated opinion, instead issuing a narrow ruling that sends the University of Texas’ college admissions program back to a lower court for reconsideration.
In a 7-1 opinion, in which Democratic-leaning justices Sonia Sotomayor and Stephen Breyer joined the Court’s five conservatives, the Court did not rule on the broader question of whether race should ever be considered in college admissions.
Instead, the Court argued that the lower courts did not properly apply prior Supreme Court precedents in examining the case. In particular, the Supreme Court said lower courts had not applied “strict scrutiny” to the University of Texas, which uses race as a plus factor in its admissions policies.
The Court called for the Fifth Circuit Court of Appeals to examine the University of Texas’ program under that strict scrutiny, arguing the lower court had not in its original ruling.
The ruling is something of a surprise. The Court has long been divided between its liberal and conservative swings on affirmative action, and it was expected this would be a case in which those divides were illustrated, with the conservatives repeating their call for ending all consideration of race in public life, while the Court’s liberals defending affirmative action.
Clarence Thomas Bluntly Calls For End Of Affirmative Action
Justice Clarence Thomas again urged the end of affirmative action on Monday, writing a fiery concurring opinion in which he agreed with the Supreme Court’s decision not to defend the University of Texas’ diversity program, but urged the Court to go further and simply outlaw the consideration of race in public life.
Thomas has long been an opponent of affirmative action and repeated much of the rhetoric he has used before in condemning the policy. But in his 20-page opinion, Thomas broke new ground in repeatedly likening the rationales of the University of Texas in its admissions program to the people who defended segregation generations ago.
As he did in 2003, when Thomas also called for the Court to issue a broader ruling against affirmative action, Thomas suggested racial preferences not only violated the Constitution and discriminated against white and Asian students, but also did not benefit the Blacks and Hispanics it was designed to help. He argues that students who benefit from affirmative action end up in schools in which they cannot keep up with more qualified students and that all of the Black and Hispanic students at the University of Texas would be tarred as having only been admitted for diversity purposes, even those who would have gotten into the school without racial considerations.