The Woman Who Fought Racial Preference

[Valin]

WSJ:

Jennifer Gratz felt as if she had lost her case at the Supreme Court 10 years ago. But this week she sees Supreme vindication, with more to come next year.

JAMES TARANTO

June 28, 2013

 

Jennifer Gratz's legal battle had dragged on for 5½ years when it ended in 2003 with a 6-3 U.S. Supreme Court ruling in her favor. She tells me she felt as if she'd "been kicked in the gut."

 

If that seems an unusual reaction to a victory, it's because the circumstances made it Pyrrhic. Ms. Gratz, then 25, had sued to challenge the University of Michigan's racially discriminatory admissions policies, under which the prestigious Ann Arbor campus had turned her away. Her case was paired with that of a prospective law student, Barbara Grutter. Ms. Grutter lost her case 5-4 as Justice Sandra Day O'Connor, joined by Stephen Breyer, switched sides. Grutter v. Bollinger gave universities the green light to continue practicing racial discrimination in the name of "diversity."

 

Ten years and one day later, Justice Anthony Kennedy turned the light yellow. On Monday, his opinion for a 7-1 majority in Fisher v. University of Texas overturned a lower court's decision approving the Texas racial preferences without a trial.

 

(Snip)

 

Some advocates are unhappy with this half-a-loaf result. Not Ms. Gratz, who says it is now "very clear that the court barely tolerates race preferences."

 

(Snip)