LyrArc Article Gist
The Opinion given by the US Supreme Court shows the thinking behind its decision to call Affirmative Action or race based admissions by colleges unconstitutional, as violating the Fourteenth Amendment Equal Protection Clause. Because the respondents (Harvard College) use of race involves stereotyping and negative criteria the Court declared it invalidated. "It unduly harms non-minority interests," not permissible when all citizens are equal regardless of race or color. Proposed by Congress and ratified by the States the Fourteenth Amendment provides that no State shall "deny to any person.... the equal protection of the laws." Proponents of that law describing as the "foundational principle" as "not permitting any distinctions of law based on race or color." As WSJ shows today there are three times as many White as Black or Hispanic families in California making below $50,000 a year.  "That the law shall be the same for the black as well as the white, that all persons shall stand equal before the laws of the States."

It was a blot on the face of America that this allowed racially segregated schools till this was changed, says the Supreme Court. It calls the Bakke decision to allow race based admissions as a deeply splintered decision and Judge Powell writing for himself allowed it only to allow the educational benefits that flow from a diverse student body. The decisions in Grutter stated that in 25 years this race based admissions should end and in no way can it be used for stereotyping or as a negative- to discriminate against those racial groups that were not the beneficiaries of the preference. A university's use of race could not be used to "unduly harm non-minority interests." It also means engaging in stereotyping- "a demeaning assumption that students of a particular race think alike."