On Tuesday, the Supreme Court voted 6-2 in favor of a constitutional amendment approved by Michigan voters in 2006, banning affirmative action based on race, gender, ethnicity, or national origin in hiring and college admissions.
According to Politico, this makes eight states with a ban on affirmative action. The AP reports that Justice Anthony Kennedy said voters in Michigan chose to eliminate racial preferences, most likely because they believed such a system could give rise to race-based resentment.
Justice Sonia Sotomayor was not in agreement and said her conservative colleagues were "out of touch with reality." The Puerto Rican Supreme Court Justice went on to deliver a 58-page long dissent against the ban.
"We are fortunate to live in a democratic society," Sotomayor began her dissent. "But without checks, democratically approved legislation can oppress minority groups. For that reason, our Constitution places limits on what a majority of the people may do. This case implicates one such limit: the guarantee of equal protection of the laws."
She continued, "The Constitution does not protect racial minorities from political defeat, but neither does it give the majority free rein to erect selective barriers against racial minorities."
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