FAIR SUBSTACK
SCOTUS Ends Affirmative Action, Sort of
Ilya Shapiro
June 29, 2023

Forty-five years and a day after one Supreme Court justice opened the door to race-based college admissions (the 1978 Bakke case), six justices closed it. The Court has finally recognized that the Constitution prohibits such racial discrimination. In the words of Chief Justice Roberts’s majority opinion, “ending racial discrimination means ending all of it.” It’s unbelievable that it took until 2023 to do so, but sometimes the wheels of justice are slow…But this is only the end of the beginning of the fight for equality in educational opportunity. Higher-education grandees have long interpreted the Court’s cautious approval of the temporary use of race (as one of many factors) as a green light for a permanent diversity-industrial complex. They will not go quickly into the colorblind night of merit-based admissions, but will fight for workarounds to maintain their system of racial spoils. READ MORE

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