Justice Anthony Kennedy, who has voted against every race-based affirmative action program during his tenure on the court, shifted gears Thursday, writing the majority opinion upholding the University of Texas' affirmative-action policy for undergraduate admissions. He found that the use of race as a factor in university admissions could withstand strict scrutiny.
June 23, 2016 at 05:03 PM
1 minute read
In 1989 Anthony Kennedy, then a new justice on the U.S. Supreme Court, wrote in an affirmative-action case, “The moral imperative of racial neutrality is the driving force of the Equal Protection Clause.”
In 2003, Kennedy drew from the 1978 Bakke decision in criticizing an affirmative-action program at the University of Michigan. “Racial and ethnic distinctions of any sort are inherently suspect and thus call for the most exacting judicial examination,” he said.
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