The last time the Supreme Court addressed whether schools of higher education may consider race in the admissions process, in Regents of the University of California v. Bakke (1978), the Court essentially said, “Sometimes, but not with quotas.” Most experts predict the Court will revisit the issue since the 6th U.S. Circuit Court of Appeals last month, in Grutter v. Bollinger, upheld Michigan Law School’s affirmative action policy.

With seven new justices on the Court since Bakke, and several decisions that reveal a Court increasingly hostile to affirmative action, Grutter may well end affirmative action in higher education. That would be a mistake. Centuries of slavery followed by another century of legalized oppression created an underclass recognizable by race, which America should not now abandon.

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