https://www.frontpagemag.com/the-supreme-court-finally-gets-affirmative-action-right/
After 45 years of bad decisions rationalizing discrimination outlawed by Title VII of the 1964 Civil Rights Act and the 14th Amendment, the Supreme Court finally voted 6-3 to end affirmative action and the use of racial preferences in college admissions. This outcome joins the Dobbs vs. Jackson decision last June as another major pushback against activist Supreme Court jurisprudence, and a restoration of the Constitutional guardrails against an overweening federal government that bypasses the sovereign people and impugns their rights.
Racial set-asides were midwifed in the 1978 Regents of the University of California vs. Bakke decision that created by fiat “diversity” as a “compelling state interest” justifying discrimination. Since then various minor adjustments have been made in other decisions such as Grutter vs. Bollinger (2003) and the two Fisher vs. University of Texas cases (2013, 2016), which validated the magical thinking of “diversity” and the “broad state interests” and “educational benefits” it supposedly serves.
None of these decisions addressed the central begged question in affirmative action jurisprudence. As Justice Clarence Thomas’ dissent in Grutter put it, the majority “refus[ed] to define rigorously the broad state interest” served by “diversity,” and thus demonstrate specifically the “educational benefits that flow from student body diversity,” as Justice Anthony Kennedy said in the second Fisher case.
As a result, over the years “diversity” has metastasized throughout the body politic, from school curricula to entertainment–– and has even reached corporate board rooms in the guise of “ESG,” environmental, social, and corporate governance guidelines for investment. This expansion has hollowed out the principle of individual merit, and eroded the notion of individual rights and the virtues of independence and self-reliance. That’s what happens when one branch of the government, the one most unaccountable to the people, enshrines in law a politicized, incoherent idea.