'Make no mistake, affirmative action is dead, at least as it has traditionally been defined ... But Roberts’ majority opinion also created an immense loophole.' Read more from danschnur on our perspectives blog:
When President Bill Clinton was seeking re-election in 1996, he navigated a complicated political debate over affirmative action with the pithy phrase, “Mend it, but don’t end it.” These adroit linguistic gymnastics allowed Clinton to oppose a California ballot initiative that prohibited the use of racial preferences in college admissions and government hiring without offering a specific alternative.Supreme Court Chief Justice John Roberts has now finished the job.
Make no mistake, affirmative action is dead, at least as it has traditionally been defined. An applicant to an institute of higher learning can no longer be asked to provide their race or ethnicity, and colleges and universities can no longer include such demographic characteristics as a contributing factor in their admissions decisions. But
The chief justice has not only provided a roadmap for applicants to discuss their racial or ethnic makeup in the context of how it has shaped their character, beliefs and attitudes, but he has also issued a warning directed at those who would try to completely prohibit the consideration of these demographic characteristics as part of admissions decisions.
Roberts appears to have crafted a compromise that both sides of the debate should appreciate. He has managed to achieve a tangible fulfillment of Clinton’s vague exhortation that both prioritizes the individual over the classification while still acknowledging the continued impact of racial discrimination in American society.
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