Supreme Court Approves Race-based Admissions - Sandra Day O'Connor cites "compelling interest"

CBS MarketWatch ^ | 6/23/03 | Gregory Robb

[Mark Felton]

WASHINGTON (CBS.MW) - The Supreme Court has upheld law school university admissions policies aimed at promoting racial diversity but struck down admission preferences for undergraduate minorities that were not carefully tailored.

In a slim 5 to 4 vote, the court said that the University of Michigan law school's race-conscious admissions policies were constitutional.

In a majority opinion, written by Supreme Court Justice Sandra Day O'Connor, the court found that the law school's race-conscious admissions program did not violate white students' constitutional rights to equal treatment.

The court found that the equal-protection clause under the Constitution does not prohibit the law school's "narrowly tailored use of race in admission decisions to fulfill a compelling interest in obtaining the educational benefits that flow from a diverse student body."

The law school used race as one of many factors in its admissions policies.

In a separate case, also decided on a 5 to 4 vote, the court ruled that automatically giving minority undergraduate applicants 20 points extra on 150-point rating scale was unconstitutional because the policy was "not narrowly tailored to achieve educational diversity."

"The only consideration that accompanies the 20-point automatic distribution to all applicants from under-represented minorities is a factual review to determine whether an individual is a member of one of these minority groups," the court said in a decision written by Chief Justice William Rehnquist.

They were the first Supreme Court rulings on race preference in college admissions since 1978. Legal experts have said the rulings could have ramifications far beyond college admission procedures.

Many large corporations filed friend-of-the-court briefs defending their own diversity programs.

[Mark Felton]

A "compelling interest" is now all that is required to pass any arbitrary law. Constituonal Amendments are no longer necessary.

[Puppage]

The Constitution seems to be a LIVING DOCUMENT.

At least if you're a RAT!

[jimkress]

What's the difference between the KKK and people who support 'Affirmative Action'?

Nothing.

They both use racism to advance the interests of their constituents and retain power.

The end never justifies the means.

[Smile-n-Win]

Traitors.

[1Old Pro]

In a slim 5 to 4 vote

This is why there is a compelling interest to replace O'Connor with a conservative.

[b4its2late]

Aren't they special.....

[over3Owithabrain]

It's also why the Dems know that no matter how much they're losing politically, they only have to win judicially to get the world they desire. And the GOP can't seem to stop them from stuffing the courts with liberals.

[cryptical]

I'm waiting for people to sue for the "leg-up" based on whatever their background is being underrepresented.

I'm French-Canadian and Swedish, and I can statistically prove that FC/Scandanavians are lacking in higher education, due no doubt to descrimination.

Just remember, there are lies, damn lies, and statistics.

[bourbon]

MEMO
To: J. O'Connor:
Pls. retire ASAP.
-bourbon-

[laughing_gas]

And just what did you expect? Are you white? Male? Heterosexual? Get ready to dwell at the bottom of the totem pole, right before you are made extinct. Maybe the White House will comment--if they are finished celebrating Cinco de May yet.

[1Old Pro]

And the GOP can't seem to stop them from stuffing the courts with liberals.

And we have a harder time putting conservatives on the bench than conquering Iraq.

[dead]

the educational benefits that flow from a diverse student body

Diversity based on skin color contributes as much to the “learning experience” as diversity based on height or shoe size.

The racial "spoils system" was wrong in Germany in the thirties. It was wrong in South Africa in the seventies. And it's wrong in the United States today.

[Hobsonphile]

Leftism on Campus ping!

If you would like to be added to the Leftism on Campus ping list, please
notify me via FReep-mail.

Regards...

[gakrak]

When will the GOP dopes wake up to this abomination of a torte system????

[VRWC_minion]

A positive spin on a bad day for affirmative action. Anyone expecting that the policies would be or should be stopped on a dime by one case is nuts. The effect would be too sudden. This recent dual ruling is a good first tapping of the breaks.

[Sam Cree]

The Constitution says it can be ignored whenever a judge sees a "compelling interest?"

I guess we no longer have a constitution.

[You Dirty Rats]

Who appointed Earl Warren to Scotus?

Blackmun?

Stevens?

O'Connor?

Souter?

FIVE different Republican Presidents, that's who!

[Lost Highway]

It's ok. This will be struck down when some school gives bonus points to someone because they are white. Then it will be discrimination.

[Havisham]

That's liberal-spin nonsense. They lose the case then try to frame it as a victory. We won the Michigan cases. O'Connor cited Equal Protections to strike down the undergraduate case. The law school was upheld but with conditions. Break out the champagne.

[Kryptonite]

Sad, isn't it, that so many "knowledgeable" FReepers don't even understand the harm that the Republicans have done with the SCOTUS over the years?

And they leave people like Estrada and Owens twisting in the wind, again failing to realize that by doing so they are just opening the door for another failed SCOTUS appointment down the road.