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Michigan Voters Ban on Affirmative Action Upheld by SCOTUS

by Jerry Bader

After the University of Michigan's use of affirmative action was upheld by the Supreme Court in 2003, voters approved a constitutional ban. The 6-2 ruling here doesn't really address affirmative action but rather the voter's right to address it.

Opponents of the ban seem to argue that a decline in minority enrollment shows that banning affirmative action leads to discrimination. A more compelling argument can be made it's prove that discrimination was happening under affirmative action. If banning using race in admission decisions has led to a decline in minority enrollment, can't you easily make the argument that students that would't have otherwise qualified for the U of M were accepted because of their race or ethnicity?

How is ending an advantage based purely on skin color discrimination?