FAST FIVE: From Affirmative Action To Andy Warhol: Buckle-Up For A Wild Supreme Court Term
Bakke, the court has never achieved clarity on the constitutional use of race beyond barring any preference “for no reason other than race or ethnic origin.” Then-Justice Lewis Powell declared, “This the Constitution forbids,” but the court has been unable to say with any coherence and consistency what else it forbids in a line of conflicting and vague 5-4 rulings.
Bollinger, the court divided 5-4 on upholding race admissions criteria used to achieve “diversity” in a class at Michigan Law School.
That was the case in the Masterpiece Cakeshop case in 2018, in which a baker was found to be in violation of the Colorado Anti-Discrimination Act for refusing to make a wedding cake for a same-sex couple due to his religious objections.
While that is a decline from other years, it still reflects almost a third of the cases brought before the court.
Yet, every overturned precedent likely will be treated as sacrosanct and inviolate despite years of conflicted rulings.