Justices Punt on Affirmative Action Case with University of Texas

Send Case Back to Lower Courts for ‘Strict Scrutiny’ Whatever That Is

The Dismal Political Economist Was Wrong – Sort Of

The Supreme Court has issued a ruling in a case involving whether or not the University of Texas may take race into account in deciding who gets to be admitted to its freshman class.  This Forum expected the ruling to state that under no circumstances could racial diversity be considered as an admissions criteria because, you know, this might result in just more horrible discrimination against rich white people.

Instead of ruling on the merits of the case the Court decided to send the case by to a lower court and to tell that court to use the standard of strict scrutiny to determine if the University of Texas was in violation of various Supreme Court decisions and the Constitution.

The thinking here is that the four conservatives on the Court realized that they did not have the vote of Justice Kennedy to rule that no consideration of race can ever by allowed, and so they agreed with all of the other Justices except  Ginsburg to just avoid the issue.  The Conservatives obviously feel they are just one Justice away from getting their way on a lot of these issues, and that Republicans in the Senate will never ever again confirm a nominee from a Democratic President. So they decided to wait it out.

All of this may be moot as this fall the Justices will consider whether or not Michigan can amend their state Constitution to prohibit any consideration of race in college admissions.  Apparently Michiganders feels that all white college classes are a plus.

Also of interest is Justice Thomas’s opinon in which he once again rants and rails against racial preferences.  Everyone knows that this is personal, that Justice Thomas believes racial preferences have tainted Justice Thomas’s career, as well they have.  Without preferential treatment because of his race Justice Thomas would likely have had a legal career only as a mid level government attorney.