Affirmative action policies remain
In a surprising move, the U.S. Supreme Court on Monday sent the question of affirmative action in college admissions back to the lower courts for reconsideration, in a case that examined how the University of Texas used race in its undergraduate admissions policy. Associate Justice Anthony M. Kennedy, writing for the majority opinion in the 7-1 decision, ruled that “The district court and court of appeals confined the strict scrutiny inquiry in too narrow a way by deferring to the university’s good faith in its use of racial classifications … Fairness to the litigants and the courts that heard the case requires that it be remanded so that the admissions process can be considered and judged under a correct analysis.” Last year, Harvard University joined 13 other colleges in filing a brief of amicus curiae, or friend of the court, supporting the practice of race-conscious admissions policies. In the 39-page document, the...