Federal Court Rules that Banning Affirmative Action Is Unconstitutional
A few weeks back, the US Supreme Court heard oral arguments on the question of whether it’s constitutional to allow affirmative action in college admissions. That decision, in the case of Fisher v. Texas, will likely come down next spring.
Yesterday, however, a federal appeals court ruled on the related — but distinct — question of whether it’s constitutional to ban affirmative action in college admissions, and the differences between the two cases are fascinating … and revealing.
The issue of affirmative action’s constitutionality is usually framed as it is in Fisher v. Texas, as a matter of whether states can take race into account in admissions. In the past, the Supreme Court has ruled that they can, in limited circumstances, and the question at hand in Fisher is whether that will remain the law of the land.
Yesterday, however, a federal appeals court ruled on the related — but distinct — question of whether it’s constitutional to ban affirmative action in college admissions, and the differences between the two cases are fascinating … and revealing.
The issue of affirmative action’s constitutionality is usually framed as it is in Fisher v. Texas, as a matter of whether states can take race into account in admissions. In the past, the Supreme Court has ruled that they can, in limited circumstances, and the question at hand in Fisher is whether that will remain the law of the land.