The Supreme Court takes on the University of Michigan

In an indication of the legal and social gravity of the case, the Supreme Court yesterday allowed for audio broadcasts of oral arguments over the University of Michigan affirmative action case yesterday (the first being Bush v. Gore). I heard some snippets on the radio yesterday, and today Dahlia Lithwick has a superb roundup on Slate titled “Frank Admissions” which includes this framework summary of the case:

The court showed less interest in arcane three-part tests than in fundamental fairness questions: How can racial equality be imposed on the backs of whites? Is there any race-neutral policy that could adequately address the problem of racial disparity in this country? Are we supposed to allow racial preferences to continue indefinitely? How can we fix our racial problems without taking race into account?

Judging by the questions and arguments, this one is going to be another Bush v. Gore squeaker, with Justice Sandra Day O’Connor as the fifth vote, one way or another.