The NYT provides background on the affirmative action case argued today before the Supreme Court. As with many other cases, Anthony Kennedy is projected to be the key vote:
The questioning was exceptionally sharp, but the member of the court who probably holds the decisive vote, Justice Anthony M. Kennedy, tipped his hand only a little, asking a few questions that indicated discomfort with at least some race-conscious admissions programs. He told a lawyer for the University of Texas at Austin, which was challenged over its policies, that he was uncomfortable with its efforts to attract privileged minorities.
“What you’re saying,” Justice Kennedy said, “is what counts is race above all.”
He asked a lawyer for Abigail Fisher, a white woman who was denied admission to the university, whether the modest racial preferences used by the university crossed a constitutional line. Then he proposed an answer to his own question.
“Are you saying that you shouldn’t impose this hurt, this injury, for so little benefit?” he asked.
Justice Sonia Sotomayor summarized the central question in the case. “At what point — when — do we stop deferring to the university’s judgment that race is still necessary?” she asked. “That’s the bottom line of this case.”
I highly recommend the following post in ScotusBlog which contains complete info on the case.
