Krauthammer’s Take: SCOTUS Right To Let States Decide on Affirmative Action

by NRO Staff

Charles Krauthammer said the US Supreme Court’s 6-2 ruling on Tuesday that a lower court does not have the authority to set aside the law that bans the use of racial criteria in college admissions shows the court wants to preserve citizen’s right to decide such things democratically.

“The court said… ‘we’re not going to have nine rogues decide that this cannot be implemented.’ But what it implied was that it would allow people in a democracy to decide that,” he said. 

A 2006 referendum, in response to SCOTUS’s 2003 decision to preserve affirmative action in college admissions, struck down the law with 58 percent of the vote. 

Today the court chose not to rule that racial preferences are “intrinsically” in the constitution, just as eleven years ago they did not want to rule that racial preferences are not in the constitution. 

“We leave the decision of affirmative action up to the people, which is exactly the way you want to do it in a diverse democracy with a troubled history,” Krauthammer said.