Judge Napolitano: Supreme Court Taking Up Affirmative Action Again Is 'Almost Unprecedented'
The Supreme Court is hearing a case today on whether college admissions programs can consider an applicant's race.
In the case, a woman says she was rejected from the University of Texas because she is white. The university says that it fills about a quarter of its
incoming class using race as one consideration.
On Fox Business Network this morning, Judge Andrew Napolitano said it's "almost unprecedented" that the high court has chosen to hear this case just eight years after the landmark decision on affirmative action involving the University of Michigan.
In that case, the court ruled 5-4 that colleges cannot use racial quotas in the admissions process, but can consider race as one factor as part of a "holistic" system. The latest case could lead to that decision being overruled or clarified.
"We thought the Michigan case would decide this once and for all. Here we are eight years later revisiting it again," said Napolitano, who pointed out that the court's composition is much different than it was in 2004 when retired Justice Sandra Day O'Connor rendered the deciding opinion.
Check out more from Judge Napolitano, here.