The Supreme Court upheld Michigan’s ban on affirmative action Tuesday, but not without a blistering dissent from Justice Sonia Sotomayor.
Sotomayor said the decision infringed upon groups’ rights by allowing Michigan voters to change “the basic rules of the political process … in a manner that uniquely disadvantaged racial minorities.”
“In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination,” Sotomayor added. “This refusal to accept the stark reality that race matters is regrettable. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that