A Preference for Discrimination

National Review
Editorial

There’s some room for debate about what the Fourteenth Amendment’s guarantee of “equal protection of the laws” means for racial preferences at government schools. Some claim the clause mandates colorblindness in all aspects of government; others point to historical evidence indicating it was not originally understood that way.
What the Fourteenth Amendment absolutely does not do, however, is protect racial discrimination at state-run schools — the absurd conclusion reached by a three-judge panel of the Sixth Circuit Court of Appeals in a recent decision.