[aristeides]

Bakke said that race could be a factor.

Justice Powell said race could be a factor. The other members of the majority did not join that part of his opinion. The minority didn't either. Later courts have disagreed about whether Powell's assertion could be said to be a majority assertion of the court, and I agree with the Fifth Circuit in Hopwood that it was not.

[GraniteStateConservative]

May 2001: The U.S. Supreme Court allows the University of Washington to continue using affirmative action when it declines to review the 9th U. S. Circuit Court of Appeals’ decision that allows the use of race as one factor in admissions.

The most recent action by the Court is an affirmation of Powell's opinion.