Affirmative Action back before SCOTUS


This is a different issue than KS—it is not a public school, receives no government funds, and its admissions policy is not affirmative action—but (within the context of imposed U.S. law) these cases could have constitutional implications for KS.

NY Times reports:
The Supreme Court agreed today to consider an issue of enormous importance to parents and educators across the country: the extent to which public school administrators can use racial factors in assigning children to schools.
[...]
"Looming in the background of this is the constitutionality of affirmative action," Davison Douglas, a law professor at William and Mary, said in an interview with The Associated Press. "This is huge."

Andrew Cohen at Bench Conference Blog WaPo comments:
Coming just three years after the Justices reviewed two other affirmative action policies in the school context of schools, and with a key switch in the makeup of the Court in the meantime, the news is as unwelcome to supporters of affirmative action as it is welcome to folks who want to do away with the practice.

Why in the world would the Justices want to revisit this issue if not to change the law and undercut their own 2003 precedent?

Of course the larger question is how the U.S. Supreme Court has (or doesn't have) jurisdiction over KS in the first place.


Posted: Mon - June 5, 2006 at 08:42 PM    
   
 
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Published On: Jun 05, 2006 08:44 PM
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