Tuesday, June 25, 2013

Supreme Court’s ‘Ostrich’ Logic on Affirmative Action - Higher Education

Supreme Court’s ‘Ostrich’ Logic on Affirmative Action - Higher Education: At least we have one U.S. Supreme Court justice interested in justice. At least we have one U.S. Supreme Court judge who has the courage to judge. At least we have one person on the highest legal bench in the land who is willing to stand up for truth.

On Monday, the U.S. Supreme Court sent the Fisher v. University of Texas case back to the lower courts for another “strict” review. Writing for the 7-1 majority, Justice Anthony M. Kennedy said, “Strict scrutiny does not permit a court to accept a school’s assertion that its admissions process uses race in a permissible way without closely examining how the process works in practice.” Going forward, courts must “verify that it is necessary for a university to use race to achieve the educational benefits of diversity.”

The lone dissenter, interested in justice, with the courage to judge, and the willingness to stand up for truth was Justice Ruth Bader Ginsburg. She said she would have upheld the appeals court decision allowing the admissions program at the University of Texas.