Fifty-eight percent of Michigan’s voters said that affirmative action in university admissions ought to be illegal in their state. A federal court has just overturned their will, and for an outrageous, ridiculous reason:
The United States Court of Appeals for the Sixth Circuit ruled, 8 to 7, on Thursday that Michigan’s voter-approved 2006 ban on affirmative action was unconstitutional.
The ruling, in Coalition to Defend Affirmative Action v. University of Michigan, was not based on racial discrimination, but rather on a violation of the 14th Amendment’s guarantee of equal protection. The ban, the court said, unfairly placed a special burden on supporters of race-conscious admissions policies.
People trying to change any other aspect of university admissions policies, the court said, had several avenues open: they could lobby the admissions committee, petition university leaders, try to influence the college’s governing board or take the issue to a statewide initiative. Those supporting affirmative action, on the other hand, had no alternative but to undertake the “long, expensive and arduous process” of amending the state Constitution.
“The existence of such a comparative structural burden undermines the equal protection clause’s guarantee that all citizens ought to have equal access to the tools of political change,” said Judge R. Guy Cole Jr., writing for the majority.
This is an extraordinarily unpersuasive argument by the Sixth Circuit majority. Before this ruling, proponents of affirmative action facedexactly the same burdens as the opponents of affirmative action faced in 2006 when they got their initiative approved. Heck, proponents don’t need 58% of the vote like the ban got, they just need 50% +1 vote to amend the state Constitution.
What’s good for the goose is good for the gander, right?
Wrong, of course. Structural racial discrimination on behalf of groups who vote Democratic is self-evidently justified, as everyone would see if their eyes weren’t clouded by sin. Or something.
Despite the good intentions with which it may have been launched, at this point affirmative action has nothing to do with morality, and everything to do with power, as this Christopher Caldwell quote cited by Sailer recognizes:
“One moves swiftly and imperceptibly from a world in which affirmative action can’t be ended because its beneficiaries are too weak to a world in which it can’t be ended because its beneficiaries are too strong.”
Conservatives have to hope that the Supreme Court outlaws all race-based college admissions schemes when it rules this term on the Fisher case.



I’ll try to cover all the direct responses to my post. The only correct assumption about what my silence means on any point is that I haven’t posted a reply to it.
Everyone should pay attention to our friend Siarlys, who combines gently biting wit with a keen insight. When I falter on legal issues, I stop and listen to him very carefully… unless he’s the one that is catching my falter and I’m the target of his wit. I apply first aid before stopping and listening.
There are several things wrong with this debate, what I see as the two primary ones in no particular order:
Formerly advantaged groups — yes, the vast majority of them white — are smarting because their parents, they or their children no longer get to enjoy being advantaged. The objective measurement validly includes whites getting less than their predecessors while minorities get more. Any AA proponent who fails to acknowledge that should please leave the floor (very obscure movie reference there).
Newly advantaged groups are without a doubt making a huge mistake: Seeing this shift in being advantaged as just desserts and even revenge. I have one thing to say to you: Keep it up, and you will lose my support. The point is not to take away. The point is to find a rational balance. No one can go back in time and make your parents and grandparents lives better than they were. I’d love to go back to WWII Croatia with modern weapons and a list of targets, but I can’t, and the three-quarters of my mother’s extended family still died there and that’s the end of it. I’m not throwing that out as my side of a pissing contest, but I sure as hell expect a more mature approach to our joint membership in our society.
Please, please read my second post above. Others have chimed in on just how simple a fully merit-based procedure can be, with the only “casualty” being the embedded notion that arbitrary decisions are the rights of those who want to advantage “their” people. Sure, it’s mostly whites in that position, but not completely any more, and it is a valid point to show that minorities are finding themselves in those positions and behaving in exactly the same unethical fashion. The practice itself is immoral. Join us in using AA to stop it, not simply replace the players.
There’s plenty of straw lying around waiting to be twisted into seemingly valid men. I will without hesitation concede my own use of it at times. This is not one of those times. To wit:
pjsmoov: FE
“I have yet, in all the blogs and threads about AA, to see an opponent of AA acknowledge the actual provisions of it.” Perhaps you’re not making much of an effort. Affirmative Action is not simply some outreach program. Discrimination is essential to any successful affirmative action program. And how does one show a sincere commitment to affirmative action, one that satisfy government bean counters, without resorting to numbers?
PJ, did you go to the DOL website, and read through all the descriptions? Did you even superficially trust my emphasized portions of what I quoted here? It says there and here, in plain language, that the numbers are guidelines. Experience shows — please pardon my blanket cynicism, it is not meant to be personal — that people will either ignorantly contradict or deliberately spin the fact that the numbers are guidelines. The ignorant can’t be bothered with the effort to understand them and do the work their being guidelines requires. The saboteurs jump on that ubiquitous ignorance and perpetuate the lie that it’s all about quotas when the published, legally valid language says right there in simple words that quotas are not permitted.
The saboteurs made “[d]iscrimination [is] essential to any successful affirmative action program” with the cooperation of the ignorant. The alternatives were simply not even attempted. You cannot claim necessity when the experimental cohort has only one member.
Hopefully you’ve read this far, PJ, because I have a caveat: I know better than most what the burden of regulations entails in the corporate sector. My first career’s salary was paid by those corporations, my job to keep them in compliance. AA, far less complex than my employee benefits milieu, was just that sort of burden, and I have some rational sympathy for the opposition to spending money on compliance with it. Drastic changes to the hiring procedures would have been expensive.
The point is that if those first, contemporary employers had had no other choice but to implement those changes — without any need to resort to quotas, as supported by the regulatory language in no uncertain terms — our debate would have been very different right now, if it had any motivation to happen at all.