The Daily Caller

The Daily Caller
              FILE - In this June 27, 2012, file photo law enforcement officers set up a perimeter controls in front of the U.S. Supreme Court on the eve of the expected ruling on whether or not the Affordable Care Act passes the test of constitutionality in Washington. The Supreme Court new term, which starts on Monday, Oct. 7, 2013, may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years. But several cases ask the court to overrule prior decisions, bold action in an institution that relies on the power of precedent. (AP Photo/Alex Brandon, File)

TheDC exclusive: Affirmative action opponents prepare for Supreme Court showdown

The legality of affirmative action in American universities may well be decided once and for all in a major Supreme Court case that will be heard next week.

The case is Schuette v. Coalition to Defend Affirmative Action, and it ostensibly concerns a state ballot proposal called the Michigan Civil Rights Initiative — approved by state voters in 2006 — that prohibited public entities from making admissions and hiring decisions based on race. The Sixth Circuit Court of Appeals struck down the ban on racial preferences last year, and Michigan Republican Attorney General Bill Schuette appealed to the Supreme Court.

Whatever the Court’s decision, it could have major ramifications for the use of affirmative nation-wide, given that the Court narrowly ruled in favor of racial preferences a decade ago, but left open the possibility of ending the practice in the future.

In an exclusive interview with The Daily Caller, Schuette — who will defend MCRI during oral arguments before the Court — said that it was long past time for public entities to abandon the consideration of racial factors.

“Our constitution requires equal treatment in admission, which is an expression by 58 percent of Michigan voters in 2006 that says it is fundamentally wrong to treat people differently based on race of the color of their skin,” said Schuette, referring to MCRI’s margin of victory in 2006. “That’s wrong and we can’t have that.”

Whether the Supreme Court will agree is hard to say, although there’s reason for affirmative action opponents to be optimistic. In a pair of rulings in 2003, the Court held 6-3 that the University of Michigan could not award points to undergraduate admissions applicants simply because they were minorities, but also held 5-4 that U-M’s law school was justified in considering race as one of many factors for admission.

The 5-4 decision was authored by Associate Justice Sandra Day O’Connor, who wrote that race-based admissions would cease to be constitutional if the practice were no longer necessary.

Since 2003, the Court has added at least one justice with seemingly stronger anti-affirmative action views than O’Connor, who retired from the bench.

“I think our case is captured very well by Chief Justice John Roberts, who once said the best way to stop racial discrimination is to stop discriminating on the basis of race,” said Schuette. “And that’s what we’ve done in Michigan.”

Though the case may have national implications, Schuette’s focus is in making sure the will of Michigan voters is defended.

“I’m just very Michigan centric, though it is an important case nationally,” he said.

How far the decision will reach is anyone’s guess. The Court could issue a ruling that applies only to Michigan’s ballot initiative, and does not adjudicate the legality of affirmative action itself.