The Supreme Court ruled Tuesday that states can ban affirmative action policies without violating the U.S. Constitution.
The ruling, in a 6-2 decision, upholds a voter-approved amendment to Michigan’s state constitution that prohibits race-based college admissions decisions, effectively banning affirmative action in the state. The Supreme Court reversed a lower court opinion that the ban was discriminatory. Justices Sonia Sotomayor and Ruth Bader Ginsburg joined for a dissenting decision. Justice Elena Kagan did not participate.
Seven other states—Arizona, California, Florida, Nebraska, New Hampshire, Oklahoma, and Washington—have similar bans, and the ruling paves the way for others to vote.
The ruling follows a long-term trend of eroding support in the courts for affirmative action policies across the country, echoing a statement from former Justice Sandra Day O’Connor following a high court ruling in 2003 that upheld the constitutionality of colleges considering race as a factor in college admissions. O’Connor said that within a quarter century “the use of racial preferences will no longer be necessary.”
Tuesday’s decision does not address the constitutionality or merits of affirmative action college admissions policies themselves, SCOTUSblog reports. Rather, the ruling addresses the right of voters in a state to ban the practice in state law.
- 2022 Time100 NEXT: TIME’s List Of Emerging Leaders Who Are Shaping the Future
- Industrial Farming Causes Climate Change. The ‘Slow Food’ Movement Wants to Stop It
- What Reading 220 History Textbooks Taught One Scholar About Racism in America
- Artist Oliver Jeffers Wants to Paint the World Out of a Corner
- A Vibrant North Korean Community in London Finds Its Days Are Numbered
- COVID-19 Vaccines Can Make Periods Longer, Study Says
- Column: What Happened When My Entire Family Came Out
- How DeSantis Handles Hurricane Ian Will Shape His Political Future
- 6 Groups Making Mental Health Care More Accessible to People of Color