What happened: The U.S. Supreme Court ruled on Thursday that universities can no longer use the controversial practice of race-based affirmative action as part of their admissions processes.
• The 6-3 opinion argued that race-based admissions programs at Harvard and the University of North Carolina run afoul of the Equal Protection Clause of the U.S. Constitution because they “unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.”
Why it matters: Some have argued the Supreme Court faces a “crisis of legitimacy” because its opinions do not always reflect the views of the American public. By this standard, the Court’s decision to strike down race-based affirmative action is laudably legitimate.
• The vast majority of Americans, including a majority of Democrats, oppose race-based affirmative action in university admissions, polls show.
By the numbers: More than two-thirds of Americans say colleges and universities should not use race as a factor in admission, according to the New York Times. Opposition to affirmative action is slightly higher when respondents are asked about public universities funded by taxpayers.
• Americans oppose affirmative action at public colleges and universities by an overwhelming margin of 74 percent to 26 percent.
• A solid majority of Democrats agree; 60 percent said they oppose race-based admissions at public universities, while 58 percent said the same about private universities.
What they’re saying: “The opinion today will serve only to highlight the Court’s own impotence in the face of an America whose cries for equality resound,” Justice Sonia Sotomayor wrote in a dissenting opinion.
• Alas, the American public appears to have a different definition of “equality.”
Bottom line: The Supreme Court’s legitimate decision to end race-based affirmative action is an accurate reflection of the American public’s views. Congratulations!
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