From The Chronicle of Higher Education:
Affirmative-action programs at colleges are being squeezed by America’s most democratic mechanism (the voter referendum) and its least (the judiciary.) The two forces merged in late April when the U.S. Supreme Court ruled, 6-2, that Michigan voters have a right to amend their state Constitution to ban racial preferences in admissions at public universities. In so doing, the court affirmed laws in eight states that have 29 percent of America’s high-school population and more than 40 percent of its Hispanic residents.
In the case, Schuette v. Coalition to Defend Affirmative Action, the court’s only Hispanic member, Justice Sonia Sotomayor, wrote a widely acclaimed dissent, in which she challenged Chief Justice John Roberts’s colorblind approach to college admissions as “out of touch with reality.”
A new report that I edited, just released by the Century Foundation and the Lumina Foundation, suggests, however, that the concerns of both justices can be met: Alternatives to race-conscious affirmative-action, if properly structured, would produce more diversity than just concentrating on race.