States can ban racial preferences in university admissions ruled the U.S. Supreme Court today on a 6-2 vote. The case involves a Michigan initiative passed by voters.
“This case is not about how the debate (over racial preferences) should be resolved,” Justice Anthony Kennedy said in announcing the ruling. But to stop Michigan voters from making their own decision on affirmative action would be “an unprecedented restriction on a fundamental right held by all in common.”
Seven other states – California, Florida, Washington, Arizona, Nebraska, Oklahoma and New Hampshire – have similar bans, notes USA Today.
When the University of Texas’ affirmative action plan was thrown out in court, the state came up with a race-neutral alternative. The Texas Ten Percent Plan (TTP) guarantees admission to state universities — including University of Texas in Austin and Texas A&M — to the top students in each high school class. Florida and California adopted similar guarantees.
The Ten Percent Plan encourages top students to enroll in state universities, but doesn’t increase university attendance, according to a study in Education Next. “The program appears to have simply shifted students from selective private or out-of-state colleges to the two flagship universities. That may have lowered educational costs for eligible students, but it did not enhance the quality of their higher education opportunities.”