United Civil Servants Association, Inc.

In a case that doesn’t address the malicious abuse of “disparate impact,” the U.S. Supreme Court DID uphold the voter’s right to ban things like racial preferences, if they “feel it wise to do so.”

Michigan’s Proposition 2 remains in effect. In a 6-2 decision, the justices ruled that the court had no authority to set aside state laws that let the voters decide if they want race to be among criteria that colleges use in admissions criteria. Their opinion reverses a lower court ruling that struck down Michigan’s ban, but made clear that the justices were not about to wade into larger questions about opportunities and race.

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