THE RACE TO END RACE AS A FACTOR IN ACHIEVING EDUCATIONAL DIVERSITY IS CANCELLED (TEMPORARILY?)

On May 29, 2001, the United States Supreme Court declined to get involved in a race-based admissions policy case. By denying certiorari in Smith v. University of Washington School of Law (No. 00-1341) the Court let stand the lower court’s decision that the Fourteenth Amendment to the U.S. Constitution permits university admissions programs which consider race and that educational diversity is a compelling governmental interest. It is unclear whether the Court agrees with the principles upheld in by the Ninth Circuit opinion or whether it wanted to wait for other courts to weigh in before getting involved. The dueling cases from the University of Michigan (one regarding the undergraduate program, the other the law school admissions) are racing through the Sixth Circuit. It may take a conflict between the courts or a change in Court personnel before the Supreme Court takes the issue.

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