The U.S. Supreme Court is hearing oral arguments today on the constitutionality of Michigan’s affirmative action ban. The justices aren’t expected to announce a decision till next spring. And most of the so-called experts are betting that the Supreme Court will uphold our constitutional amendment banning affirmative action, the one voters passed by a wide margin seven years ago.
They think the vote will be 5-3, and that Justice Anthony Kennedy will be the swing vote. Well, they may be right. But none of the experts ever dreamed that the swing vote in the court’s ruling on the Affordable Care Act would be that of Chief Justice John Roberts, and that he would find it constitutional on the grounds that it was actually a tax. So you never really know.
This issue is more complicated than many people on either side think. I can sympathize with those opposing affirmative action. Giving someone special treatment because their ethnic background or the color of their skin, sounds terribly unfair. Unfair whether we are talking about discriminating for them or against them. Except -- it’s not that simple.