A
acrobat
quantummechanic said:and the lower courts and the supreme court and our entire common law justice system works off of precedents, such as cases like this one. the point is that its not the government establishing this preference for URM applicants (as in Grutter v. Bollinger at UMich, a public institution which on its own accord, gave preference to blacks and latinos). In medical school admissions, it is the AAMC which dictates which minorities are underrepresented, and that there is a clear and present need for members of the URM community to be trained as doctors to serve these communities. I would imagine that a slightly conservative court (what we have know) we see that the preference for URMs is clearly meant for the public good as ORMs such as whites and asians usually fail to serve URM communities. As a result, there is a public need for URMs to have a slight advantage when it comes to med school admission. But frankly, I don't see too many white people being kept out of med school so I, as a white male, really don't take issue with this like you do.
"the lower courts and the supreme court and our entire common law justice system works off of precedents"
Yes and those precedents can be overturned if they were originally decided incorrectly. Justices also look at what the constitutional says and the rational for the when it was made. There have been many cases where a precdent was overturned if it was decided incorrectly - Dred Scott is the easy example. Roberts is a Rehnquist clone. Alito is pretty clear at leaast at some time in the past he was against a.a. That is five justices no matter how you count it. Unless Kennedy switches sides but he's been pretty clear where he stands...then again this is Kennedy we're talking about he puts his finger in the wind a lot.
A 9-0 case represents a pretty solid precedent. Also a 5-4 case like the 2003 Michigan case is not very much of a precedent and jsut means the case is hotly contested.