Supreme Court Moves Us Closer to A Colorblind Society
by Alan M. Dershowitz • June 30, 2023 at 11:00 am
Although this decision was split along current conservative-liberal lines, with the court's three liberals dissenting, it actually reflects traditional liberalism. Justice William Douglas, perhaps the most liberal justice in Supreme Court history, advocated precisely this race neutral approach when affirmative action was first introduced. He was right then, and his liberal, colorblind approach, has now been vindicated.
A simple example demonstrates why employing race as a criteria is both unconstitutional and immoral. As the Supreme Court correctly pointed out, admission to elite universities is a zero-sum game: for every student or group that is given preference, another is disadvantaged. So consider this zero-sum choice:....
After decades of vacillation, the Supreme Court of the United States has finally and firmly declared that the Constitution does not permit publicly funded universities to consider race, as such, in its admission processes. This is a decision that many, including this author, have been advocating since the 1970s, when my first law review article appeared, calling for affirmative action to be based on non-racial criteria and individual accomplishments.
