The decision was the latest step in a legal and political battle over whether state colleges can use race and gender as a factor in choosing what students to admit. “As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society,” she added. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination,” she said. “This refusal to accept the stark reality that race matters is regrettable. The court’s first Latina justice, Sotomayor, took the unusual step of reading part of her powerful dissent from the bench, taking more than 15 minutes to express her concern about the ruling’s impact. Sotomayor and Justice Ruth Bader Ginsburg dissented, and Justice Elena Kagan took no part in the case. Justices Antonin Scalia, Stephen Breyer and Clarence Thomas voted in the majority as part of concurring opinions. “Michigan voters used the initiative system to bypass public officials who were deemed not responsive to the concerns of a majority of the voters with respect to a policy of granting race-based preferences that raises difficult and delicate issues,” he added. It is about who may resolve it,” Kennedy wrote. “This case is not about how the debate about racial preferences should be resolved. concluded that the lower court did not have the authority to set aside the law. “For members of historically marginalized groups, which rely on the federal courts to protect their constitutional rights, the decision can hardly bolster hope for a vision of democracy that preserves for all the right to participate meaningfully and equally in self-government,” Sotomayor wrote.īut three justices in the majority, Chief Justice John Roberts, Anthony Kennedy and Samuel Alito. Justice Sonia Sotomayor reacted sharply in disagreeing with the decision. It bars publicly funded colleges from granting “preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin.” The justices found 6-2 that a lower court did not have the authority to set aside the measure approved in a 2006 referendum supported by 58% of voters. The Supreme Court on Tuesday upheld a Michigan law banning the use of racial criteria in college admissions, a key decision in an unfolding legal and political battle nationally over affirmative action.
0 kommentar(er)
