Those who feared the end of affirmative action, can come out of the bunkers.
The coast is clear — for now — with the Supreme Court ruling 7-1 not to apply a death blow, but to send the Fisher v. University of Texas case back to the lower courts.
Just like you’d throw back a small one on a bad fishing trip.
I always thought Abigail Fisher’s case wasn’t quite good enough to bring down what has been the most successful tool for racial equity in history.
It was a classic White grievance case, whereby the White plaintiff pit minorities versus minorities, in this case Asian-Americans versus African-Americans and Latinos.
But the justices stuck to the law.
In fact, Justice Anthony Kennedy’s opinion is instructive for the plaintiff, and essentially a “How to beat affirmative action” using the standards of Grutter, the current affirmative action standard.
