Racial Equality Loses at the Court - NYTimes.com: A blinkered view of race in America won out in the Supreme Court on Tuesday when six justices agreed, for various reasons, to allow Michigan voters to ban race-conscious admissions policies in higher education.
In 2003, the court upheld such a policy at the University of Michigan Law School because it furthered a compelling governmental interest in educational diversity. Opponents of affirmative action moved to amend the State Constitution to ban any consideration of race or sex in public education and employment. In 2006, voters passed the amendment by a wide margin.
Affirmative action supporters sued to strike down the amendment, arguing that by changing the rules of the game in a way that uniquely burdened racial minorities, the amendment violated the equal protection clause. A closely divided federal appeals court agreed.