Yesterday’s Argument in Schuette v. BAMN

On The Corner, Hans von Spakovsky discusses the oral arguments Tuesday in the Court’s big affirmative action case, Schuette v. BAMN. One point that stands out is the way Justice Sotomayor aggressively interjected herself into proceedings, acting as though she were an advocate for the race-preferences industry.

The simple truth about this case is that the people who wanted to end racial preferences in Michigan followed the law and got the measure on the ballot. The opponents had enormous advantages in money and organization (almost every big institution, business, labor, political, religious came out against Prop. 2) and nevertheless lost 58 to 42 in a Democratic year. Nothing would impede that huge coalition if it wanted to repeal that amendment or supersede it with new language saying that it’s fine for state officials to choose among people on the basis of race. But they suspect they would lose again, and therefore went looking for sympathetic judges who would squelch the voice of the people. 

The way the statists are spinning the case, it’s David versus Goliath, with the poor “minority interests” in the role of David. Actually, it’s the other way around.

George Leef — George Leef is the director of research for the John William Pope Center for Higher Education Policy.

Most Popular


Courage: The Greatest of Virtues

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (Or Listener), As the reporter assigned the job of writing the article about all of Sidney Blumenthal’s friends and supporters told his ... Read More

My American Dream

This morning, at 8 a.m., I did something I’ve wanted to do for as long as I can remember: I became an American. I first applied for a visa in early 2011, and since then I have slowly worked my way through the system — first as a visa-holder, then as a permanent resident (green card), and, finally, as a ... Read More

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More