I’ve been listening to quite a bit of NPR on the Michigan decisions. It’s fairly shocking how nearly universal the unanimity is on the conventional wisdom that this was a “huge victory” for affirmative action. I think it’s pretty clear it was a victory and it may even be a huge one. But I can’t help but get the sense that the liberals have some talking points here since so few of them could have possibly read and digested all of the details already. I mean, prior to the decision any suggestion that the undergraduate quota system was unconstitutional was considered outrageous sacrilege. Now, the President of the University of Michigan won’t say an even vaguely critical word on the court’s conclusion that UM was unconstitutionally discriminating against non-preferred-minority students. Plus, they keep saying things like, “the court has issued a clear message” and “a solid majority of the court supports affirmative action” etc etc. Well, I could swear that when the Supreme Court ruled in Bush V. Gore it was a “narrow,” “bitterly divided” and “highly partisan” decision. I guess decisiveness is more subjective than I thought.

I think the strategy here is for the pro-preferences crowd to declare this is a much larger, much more clear cut, much bigger victory than the decision actually is so that they can stifle any future debate on the subject. Or, maybe it is a huge victory, but those who are saying so aren’t taking the time to confirm that before saying so. The more they say this is an unequivocable triumph, the easier it will be to say, “The Supreme Court has spoken” and “this is settled law.” And, I’m afraid, it will be a very successful strategy.