What Michigan Race Case Is Really About

Oct. 17 (Bloomberg) -- The Supreme Court heard argumentsthis week in a major but misunderstood affirmative-action casein Michigan. The central issue isn’t whether affirmative actionis constitutional. It involves the permissible uses of stateballot initiatives.

For more than 30 years, members of the court have debatedthis question: When, if ever, are public institutions allowed tocreate race-conscious programs intended to help members ofracial minority groups? Some justices believe that the EqualProtection Clause requires color-blindness. In their view,universities may not favor black applicants, even if the goal isto promote diversity in the classroom.