Court Is Right In Schuette Case

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Posted: April 26, 2014

Washington Post Writers Group, 2014

The Schuette ruling is highly significant for two reasons: its lopsided majority of 6-2, including a crucial concurrence from liberal Justice Stephen Breyer, and, even more important, Breyer’s rationale. It couldn’t be simpler. “The Constitution foresees the ballot box, not the courts, as the normal instrument for resolving differences and debates about the merits of these programs.” Pictured, Michigan Attorney General Bill Schuette after arguing his case before the U.S. Supreme Court in 2013. With him is Jennifer Gratz, who prevailed in her case against the University of Michigan. She backed the law banning affirmative action in the state’s university admissions. (Photo by Associated Press)


Every once in a while a great, conflicted country gets an insoluble problem exactly right. Such is the Supreme Court’s ruling this week on affirmative action. It upheld a Michigan…

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