This is the third post from The New Democrat on affirmative action this week. It is a very important subject because it effects the whole country even though it doesn’t benefit the whole country. With all of the falsehoods being put out on the U.S. Supreme Court affirmative action decision this week, I believe that it’s important to set the record straight and explain the narrow decision delivered and the judicial restraint demonstrated by the Roberts Court on this key issue.
SCOTUS ruled in a 6-2 decision that public institutions, by themselves, can’t have their own affirmative action policies that consider race, ethnicity or gender, even as just one consideration, when granting access to public benefits.
I’m not a lawyer but what SCOTUS said was that for state institutions to have affirmative action policies, they must be developed through democratic processes. That since affirmative action effects the whole state, these policies need to be developed democratically by legislatures or voters and not by executive branch entities.