Death Knell for Affirmative Action?

eCharles Krauthammer sounds the death knell for reverse racism with the Supreme Courts Ricci decision:

Ricci left Sotomayor relatively unscathed. But not affirmative action. Ricci raised the bar considerably on overt discrimination against one racial group simply to undo the unintentionally racially skewed results of otherwise fair and objective employment procedures (in this case, examinations).

Krauthammer notes (bemoans?) Sotomayor’s survival:

While overturned on Ricci, she is protected by the four dissenting justices who upheld the side of the case she had taken as an appeals court judge. Sotomayor was additionally helped by Justice Ruth Bader Ginsburg’s insistence on reading her dissent from the bench, as if to emphasize the legitimacy of her position — and, by implication, Sotomayor’s.

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