23 June 2003

yay, kind of.

the supreme court today held the university of michigan law school's affirmative action program constitutional while finding umich's undergraduate points system unconstitutional. it's an incomplete victory, but a victory nonetheless, especially considering the extent to which the court could have bungled this one. at the very least, the court stuck fast to the always-contested _bakke_ holding that diversity is a compelling state interest. o'connor's opinion (which is linked from the main times page) gave me flashbacks to discussions of cass sunstein and "judicial minimalism" in con law -- it doesn't do anything new, and it's really REALLY respectful of precedent (even that shaky powell opinion).

the holding in the undergraduate case is more dubious...if they're allowed to award fixed numbers of points to athletes and legacies, why not, in such an unfathomably large process, for racial diversity?