TIME Opinion Race We Can Affirm That Race Matters—But Much Less Than It Used To John McWhorter April 23, 2014 SHARE Patrick Semansky—AP This Sept. 19, 2013 file photo shows Supreme Court Justice Sonia Sotomayor speaking at the University of Delaware in Newark, Del. The Supreme Court on Tuesday upheld Michigan's ban on using race as a factor in college admissions. In dissent, Sotomayor said the decision tramples on the rights of minorities, even though the amendment was adopted democratically. But without checks, democratically approved legislation can oppress minority groups, said Sotomayor, who read her dissent aloud in the courtroom Tuesday. In 1970, it made sense to treat being black as a disadvantage in itself. But today, the Affirmative Action should be about socioeconomics.