Groups React to Supreme Court Decision Upholding Ban on Race-Based Admissions

Warren Richey, Christian Science Monitor, April 22, 2014

Reaction to the US Supreme Court decision on Tuesday upholding a Michigan constitutional ban on race-conscious affirmative action programs was as divided and heated as the underlying debate over racial preferences in college admissions.


Affirmative action supporters said it would now be more difficult for public universities in Michigan to build more diverse student populations.

“In a democracy, everyone should have equal access to the political process. The Court’s decision takes our nation’s commitment to equal treatment under the law a step backward,” Wade Henderson, president of the Leadership Conference on Civil and Human Rights, said in a statement.

“This case is ultimately about whether students of color in Michigan are allowed to compete on the same playing field as all other students. Today, the Supreme Court said they are not,” said Mark Rosenbaum, a lawyer with the American Civil Liberties Union who argued the case at the high court to overturn the Michigan ban.

“Proposal 2 unfairly keeps students from asking universities to consider race as one factor in admissions, but allows consideration of factors like legacy status, athletic achievement, and geography,” Mr. Rosenbaum said in a statement.


In rejecting that decision [of the appellate court], the high court said that state voters are entitled to determine issues of public policy by majority vote. Writing for the court, Justice Anthony Kennedy rejected suggestions that the ban stacks the political cards against minority groups.

“It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds,” Justice Kennedy wrote.

“Voters can decide they don’t want racial double standards in university admissions. That is the essence of the Supreme Court’s 6 to 2 decision,” said Abigail and Stephen Thernstrom, longtime affirmative action critics, in a statement.


Others saw the ruling as a major setback.

“Today’s decision turns back our nation’s commitment to racial equality and equal treatment under the law by sanctioning separate and unequal political processes that put undue burdens on students,” National Education Association President Dennis Van Roekel said in a statement.

“The Supreme Court has made it harder to advocate and, ultimately, achieve equal educational opportunity,” Roekel said.


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  • MekongDelta69

    To leftists, DIE-versity trumps talent and intelligence every time.

    It’s their cult religion. They believe in nothing else.

    • Jack Whistler

      That is because leftists generally have little to none of either of those traits you mentioned, and those few who do use it not to better life for anyone but to exploit those foolish enough to follow them.

  • TXCriollo

    how is this unfair?

    • dcc2379

      It doesn’t burden the white man, so it must be unfair.

    • guest

      To them, it’s unfair when they don’t receive the special and preferential treatment that they always demand, under the guise of “equality”.

      • A Freespeechzone

        It’s NEVER about “equality”; it’s about getting back at the White Man for injustices not one black alive today ever experienced. Payback, retribution and punishment and making ineptness, incompetence and failure the synonyms for success—like Obama.

        Whites will ALWAYS be at the top of the social hierarchy and that will never change despite efforts to change that.

  • So CAL Snowman

    “Affirmative action supporters said it would now be more difficult for
    public universities in Michigan to build more diverse student

    I love it when they admit that diversity = failure. They know that the blacks and browns cannot make it into public universities on their own personal merit. White Supremacy is evil but black and brown supremacy is good apparently.

  • Truthseeker

    Aw, poor little race hustlers. They can’t agitate for predominance while calling it “equality.”

  • ncpride

    The Court’s decision takes our nation’s commitment to equal treatment under the law a step backward….

    This remark really does boggle the mind. What can you say about such hypocrisy and illogical thought? To this nutter, giving black/brown people preferential treatment against Whites is ‘equal treatment’. It doesn’t get anymore bizarre.

    • disqus_Xz3UA6obwj

      Colleges are nothing but businesses that sell education, so why should they get to racially discriminate and give one particular race an advantage when other businesses are prevented from doing so? How is what the colleges do any different from a restaurant offering just whites for example a 10 percent discount?

      • dmxinc

        Excellent point.

      • r j p

        Restaurants ought to offer Whites a 10% discount.
        They are less likely to walk out without paying.

        • Bon, From the Land of Babble

          Remember what happened when restaurants started charging blacks up front for the bill because so many were walking out without paying?

          Dennys had to pay out a $54.4 million settlement.

          I think the bake sale at Berkeley to emphasize Affirmative Action had it just right. I have an incredible personal story about that very event involving two of my daughter’s roommates who were involved (on both sides as it turned out)…and it turned into their worst nightmare.

          • ncpride

            Do tell, Bon!

          • evilsandmich

            Sounds like such a story might justify an AmRen post all by itself!

          • A bake sale with a sign like that is simply saying that they don’t want my business.

          • Fair Dinkum

            So tell us the story. Sounds fascinating.

    • foundingstockcracker

      How does one with a mind even respond to such?

  • disqus_Xz3UA6obwj

    Our nation does not nor should have any commitment at all to racial equality, it should have a commitment to equal, racially blind treatment under the law for all citizens and that is exactly what the voters in Michigan approved. Fairness trumps racial equality any day of the week.

  • There is a war between merit and race. There are only a certain number of seats at each university. Unless merit alone determines who gets a seat, there are long-term negative inefficiencies introduced into society. Blacks who steal seats from whites and asians due to diversity are just that, thieves. Affirmative action is legalized thievery.

  • 4321realist

    “Today’s decision turns back our nation’s commitment to racial equality.”


    Oh, sure. As if these non-white whiners never had more privileges than everybody else.

  • Luca

    “This case is ultimately about whether students of color in Michigan are allowed to compete on the same playing field as all other students.”

    Sorry, but the bottom line is, they can no more compete on the academic field and expect to win then I can expect to compete on an NBA court and expect to win. The difference being is I accept the difference and outcome while they want to blame others and get the results without the effort.

  • BillMillerTime

    So ACLU lawyer named Rosenbaum argued the anti-white position before the high court? Just sayin’.

  • Bon, From the Land of Babble

    Anyone who watched Jeopardy last week saw Affirmative Action at work at the U of Indiana!!

    “A- CHILL- US” is just a dead, old White man so what difference does it make?

  • Bon, From the Land of Babble

    The Warren Court was one of the worst ever.

    Warren and his court pulled SCOTUS to the left by ignoring the Constitution

    Eisenhower supposed called his own selection of Earl Warren “the biggest damned-fool mistake I ever made.”

    Whether he said exactly those words or not remains in dispute; what is not in dispute is that the sentiment is exactly right.

    Warren with LBJ: Two destroyers of America!!

    • r j p

      Shelley v. Kraemer

  • archer

    The lefty arguments get more hollow every day. If a member of the “oppressed” minorities wants to study hard and pass the entrance exams, they too can go to the college of their choice, but what the lefties want is to throw out these exams for people that didn’t study or learn anything in high school and then displace a more worthy student in college. Like the saying goes “a mind is a terrible thing to waste”, unless it’s a white one.

    • evilsandmich

      The minds on the east side of Cleveland have no issue at all in getting wasted.

  • evilsandmich

    “Today’s decision turns back our nation’s commitment to racial equality”
    The Court’s decision takes our nation’s commitment to equal treatment under the law a step backward
    I love how they just ignore logic; I mean, that stuff doesn’t even make sense.
    It is interesting that they feel that they can no longer just fly up the argument of “white privilege”, etc. when making their arguments as they have in the past (and while I’m sure that they still do within their own group). That dog don’t hunt no more.

  • mj01323

    If a state school wants the best and brightest students, what does racial diversity have to do with it? Asians students are discriminated against in California, but that is apparently all right. The support of racial quotas in college acceptance says the minorities are unable to function at the level of other students.

    If my grades and SAT/ACT scores are too low to be accepted at a particular college, how can I claim discrimination? Why can I not play basketball at a Division I school or in the NBA? Why can I not get accepted at a top medical school? Should I be hired as an orthopaedic surgeon if I graduated at the bottom of my class from a third tier medical school? Maybe I’ll just apply for a job as a commercial airline pilot.

  • MystiKasT

    DIE-versity is the most important thing! Let us all sacrifice ourselves at the alter of black greatness!

  • FlaVet

    “whether students of color in Michigan are allowed to compete on the same playing field as all other students..”

    It does now which is lost on the racist, whining… “I need a crutch” crowd and their enablers. Now they have to sit down….take their SAT’s and have decent GPA’s. Just like YT who has to prove his academic abilities trump someone’s pigmentation. The ruling is just, fair and does level that “playing field” now.

    Suck it up and hit the books kiddies.

  • SirJamesSC

    “In a democracy, everyone should have equal access to the political process. …….,” Wade Henderson, president of the Leadership Conference on Civil and Human Rights, said.

    And the Court’s ruling does exactly that. So how can he also say ” The Court’s decision takes our nation’s commitment to equal treatment under the law a step backward,”?

    The direction is forward, Mr. Henderson, forward towards equal access for everyone. As such, I applaud the ruling.

  • mobilebay

    Whatever happened to gaining access to anything in life on merit and hard work rather than affirmative action?

  • dewdly

    Affirmative action is inherently unequal. Only a race-blind policy of admissions that relies solely on qualifications could be said to be affording equal opportunity to all. Diversity is not an educational value.

  • Bon, From the Land of Babble

    Don’t let Earl Warren off the hook:

    Brown v. Board of Education

    Miranda v. Arizona

    The Baker vs. Carr decision ordered equal representation for legislative districts and in many cases strengthened urban Democrat districts by taking away seats given to less populated rural areas under the old system.”

    The “Warren Court” exercise of judicial supremacy over state laws set the stage for the most contentious Supreme Court decision of our time (Roe vs. Wade in 1973).

    “Impeach Earl Warren” appeared on bumper stickers, billboards and buttons during the 60s.

  • Bon, From the Land of Babble

    Thanks, didn’t know that’s what the pic was about.

    Agree with everything you said about the JFK investigation, questions remain about the JFK assassination as well.

    Fascinating topic, I suppose we’ll never exactly know what happened…(JFK).

    • I was once a fan of the “Man On the Grassy Knoll” theory, but the wounds to Kennedy and Connolly were completely consistent with those produced by a Carcano firing the original 164-grain FMJ-RN military ammunition, from behind. Since Oswald traveled by bus to Mexico City and met with Cuban KGB officials there, his motive is obvious.

      The mystery I have never been able to wrap my mind around is why Oswald didn’t pick a better rifle. Surplus British Lee-Enfield rifles could be had cheap at the time, and the low-power telescopic sight with skinny optics on Oswald’s Carcano would have made quickly reacquiring the target after bringing the carbine down out of recoil difficult. Oswald started shooting at only 88 yards; nobody needs a scope for that! I’d have picked a Lee-Enfield and used iron sights. Or a Tokarev SVT-40, which at the time were cheaper than surplus M-1 Garands. The Enfield is one of the world’s great bolt-action rifles, very accurate, and among bolt-actions has a smooth, fast action second only to the Krag. The choice of military FMJ ammunition is also peculiar. I’d have chosen softnosed hunting stuff. I also wouldn’t have tried for a head shot, when three or four through the upper back would have been more certain and would have produced the same result.

      • texasoysterman

        Growing up in the late 60’s and early 70’s, I had access to my aunt’s books on the JFK assassination. I don’t remember the exact books. However, I do remember that without exception they all propounded that the assasination was a conspiracy. So, until about 1990, I didn’t believe that Oswald acted alone.
        My view changed when I came across a book, ‘Kennedy and Lincoln’ by Dr. John K. Lattimer. Two of his conclusions were enough for me; his explanations of “Thorburn’s position” and the “jet propulsion effect” (Search those terms if you’re interested).
        I came completely to the other side, in favor of the Warren Report. I even wrote a college term paper using Lattimers’ book as a primary source. I got an A+ even though my instructor later told me she didn’t agree with my premise (I entitled my paper ‘Oswald Alone’). When Posners’ ‘Case Closed’ came out a few years later, it reinforced my agreement with the Warren Report. I also attended a lecture by Cyril Wecht spouting in his inimitable arrogant style his disdain for anyone who could possibly agree with the Warren report, which caused me to become almost militant in my defense of Warren. He wouldn’t even take questions from the audience after the lecture.
        Now, 20 + years later, after seeing Posner and Lattimer thoroughly debunked, I think I have come full circle. I no longer believe that Oswald acted alone. I’m not even sure I believe he was involved as a shooter and not just as a “patsy.”

  • Raymond Kidwell

    It shouldn’t be left to voters. I thought racial discrimination was against the US constitution.