The Supreme Court upheld Michiganâ€™s ban on the use of racial affirmative action in its state universities Tuesday, ruling that voters are entitled to decide the issue.
The 6-2 decision clears away constitutional challenges to the state bans on affirmative action, which began in California in 1996.
Justice Anthony Kennedy, speaking for the majority, said the democratic process can decide such issues. â€œThis case is not about how the debate about racial preferences should be resolved,â€ he said. â€œIt is about who may resolve it. There is no authority in the Constitution of the United States or in this courtâ€™s precedents for the judiciary to set aside Michigan laws that commit this policy determination to the voters.â€
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