WASHINGTON — The Supreme Court seemed prepared Tuesday to uphold a voter-approved ban on taking account of race in college admissions.
The court heard arguments over a 2006 change to the state constitution to prohibit the University of Michigan and other state schools from any consideration of race when they decide whom to admit.
The justices’ focus was more on whether they could craft a narrow ruling to uphold Michigan Proposal 2 or would have to overrule earlier cases that protect minorities’ rights to participate in the political process.
Affirmative action supporters say the amendment itself is a form of discrimination because of the burden they face to repeal the constitutional provision.
That argument did not appear to make much headway with the conservative justices, who have been hostile to considerations of race in education and politics in a series of cases in recent years.
Among the skeptics, Chief Justice John Roberts wondered how there could be a problem with voters saying: “We want to take race off the table and achieve diversity without racial preferences.”
Mark Rosenbaum, a lawyer for the American Civil Liberties Union who argued to strike down the Michigan amendment, said that other groups seeking preferential treatment in admissions could lobby policymakers at the schools only race may not be discussed.
