affirmative action

THE BIG HEADLINE in the Michigan affirmative action cases is that the Supreme Court, in an opinion written by Justice Sandra Day O'Connor, sustained the use of race in admissions policies. Less publicized is the fact that the court also held, near the end of its ruling in the law school case, that such policies "must be limited in time." If you ask who is to make sure the policies are "limited in time," the court doesn't answer that. But once you consider the way federal law enforcement works, it is apparent the administration could play a vital role in bringing preferences to an end.

BACK IN THE LATE 1980S, several of my Yale Law School classmates and I launched into yet another earnest and well-meaning discussion about racial diversity.

WHILE THE NATION AWAITS the Supreme Court's rulings in the Michigan affirmative action cases, the Bush administration has launched an effort designed to stimulate interest in race-neutral means of enhancing educational opportunities for racial and ethnic minorities. The project has proceeded quietly, with the Education Department taking the lead.

THE MICHIGAN AFFIRMATIVE action cases, which the Supreme Court will hear on April 1, have attracted more than 100 friend-of-the-court briefs, a record number. The overwhelming majority of these amicus curiae filings support the university. Among the signatories are more than 300 organizations, including scores of elite educational institutions and some of the nation's most prominent corporations, as well as foundations and professional associations. A small army of retired military officers, many of them well known, like Norman Schwarzkopf, have signed one brief.

REGARDLESS OF HOW the Supreme Court rules this summer on affirmative action at the University of Michigan, its decision is bound to bring change to our racial spoils system. Because affirmative action is an intrinsically unstable practice, the awaited ruling, far from settling the issue, will only touch off yet another round of debate and reform in a continuing battle.

The cause of the battle is the obstinate fact that racial preferences are at odds with liberal principles. As a result, they generate irresolvable conflicts within liberal institutions.