Supreme Court Upholds Affirmative Action

In a 4-3 decision, with Justice Kagan recusing herself, the Supreme Court voted to uphold the University of Texas at Austin affirmative action plan.  About 75% of an incoming class is accepted based on a blind, “race-neutral” criterion.  The remaining 25% of acceptances are based on a “holistic” review of the applicant with race being one of the factors considered.  The challenge was to the consideration of race for those 25%.

This is clearly one of the first huge cases that reflects the shift of the balance of power on the Court away from the conservatives and to the more liberal justices.