United States Supreme Court Justice Sandra Day O’Connor wrote in her 5-4 majority opinion, upholding Affirmative Action: “Effective participation by members of all racial and ethnic groups in the civil life of our nation is essential if the dream, of one nation, indivisible, is to be realized.” The decision was rendered on June 23, 2003 preserving affirmative action in the University Of Michigan’s admission program that considered race for admission to its law school.
Justice O’Connor joined by Justice Ruth Bader Ginsburg, John Paul Stevens, David H. Souter and Stephen G. Breyer, ruled that “a compelling state interest existed and that the program was tailored to achieve that interest”. In order that it could survive a standard of judicial review i.e. “strict scrutiny”, as established by the Supreme Court Precedents, a compelling state interests had to be served in order not to run afoul of the Constituent’s “guarantee of equal protection”.
The majority opinion stated that in order to cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visible open to talented and qualified individuals of every race and ethnicity. All members of our heterogeneous society must be able to participate in the educational institutions that provide the training and education necessary to succeed in America.
The minority communities of this country will not easily forget that President G.W. Bush had asked the Supreme Court of the land to invalidate the University of Michigan’s affirmative admission program calling them: A thinly disguised quota system! President Bush wanted the universities policies declared as unconstitutional!
The ruling affects tax-supported schools (public schools) and “other institutions!” Without question the Supreme Court Ruling will affect all racial preference programs, such as San Diego city’s structuring of its contracts for vendors, employment, construction etc, that are heavily weighted to favor of the White race. The City is a tax supported institution and will be challenged now using the new Supreme Court ruling. Minorities will be challenging the City in order to assure that they receive their share of the jobs, contracts, etc. It will make it very difficult for the Cities and Counties of California to show that they have a “compelling State interest”, to provide affirmative action for the “white race”. Racial diversity must affirmatively be implemented in America!
The Supreme Court has ruled that all tax-supported institutions must seek ways to take race into account! If you take the peoples money, then, you must be visibly open to individuals of every race and ethnicity.
The nation will be surprised at just how many educated, talented and qualified minorities there are in this nation.
The Armed forces discovered this fact when President Harry Truman, eliminated racial discrimination in all branches of the armed forces It came as no surprise that the Generals and Admirals of the Army, Navy, Marines & Air Force strongly urged the Supreme Court to support Affirmative Action. They learned in 1948, that our nation had an urgent and compelling reason for opening wide the door for minorities to all ranks, skills. Those that were unschooled, they schooled and educated! Those that had little or no talents, they trained and honed into professional members of America’s military which has no peer in the world.
You would have thought that President Bush and his administration would have learned that diversity and affirmative action works!