at least in school admissions, and possibly as a general policy,
will die in 2012.
The Supreme Court cast doubt Tuesday on the future of affirmative action at the nation’s colleges and universities, agreeing to hear an appeal from a white student in Texas who seeks an end to "racial preferences" in college admissions.
...
The court’s intervention nonetheless is an ominous sign for defenders of affirmative action. Justice Elena Kagan also announced she will not take part in the decision.
The court has been closely split on affirmative action since 1978. By a 5-4 vote then, the justices said universities may consider a minority student’s race as a plus factor when choosing new students so as to bring about more diversity in the class. Eight years ago, the court reaffirmed that view in a 5-4 opinion written by Justice Sandra Day O’Connor. The dissenters included Justice Anthony Kennedy.
Not long afterward, O'Connor retired and was replaced by the more conservative Justice Samuel A. Alito Jr. In 2007, he joined an opinion by Chief Justice John G. Roberts Jr. that forbids school districts from assigning students to elementary or high schools for the purpose of creating a better racial balance. "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," Roberts said.
