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Article: Why Affirmative Action in Higher Education is Safe in the Courts
- Article from:
- The Journal of Blacks in Higher Education
- Article date:
- September 30, 1995
- Author:
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Neal Kumar Katyal
Journal of Blacks in Higher Education, The
09-30-1995
Why Affirmative Action in Higher Education is Safe in the Courts.
A close reading of recent opinions of the Supreme Court justices suggests that policies of preferential admissions in higher education are safe, at least in the moderate form established in the Bakke case.
MANY PUNDITS ARE calling this year's Supreme Court decision in Adarand Constructors v. Pea the death of all affirmative action. "The era of racial preferences is finally coming to an end," says one observer, Clint Bolick. But the decision, while clearly changing the legal landscape for affirmative action in most contexts, says surprisingly little about ...