In a 5 to 4 decision, the U.S. Supreme Court has upheld Michigan's affirmative action policy .

The Supreme Court on Monday upheld a university law school admissions policy that gives minorities an edge, ruling that race can be one of many factors that colleges consider when selecting their students.

The ruling in the law-school case preserves the concept of affirmative action for minorities who might otherwise be underrepresented on top campuses, but makes clear that racial preferences must be used sparingly.

The 5-4 ruling endorsed a program at the University of Michigan law school meant to ensure a "critical mass" of minorities on campus. The program is not an illegal quota, the high court said.

"The Law School’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational
benefits that flow from a diverse student body is not prohibited by the Equal Protection Clause, Title VI, or §1981."

For analysis of the opinion, we recommend checking in with Howard Bashman of How Appealing and Scotusblog after they have had a chance to digest it.

The case is Grutter v. Bollinger and the opinion is available here.

People for the Amercian Way makes a great poiint about the decision:

This case was about the value of a diverse educational environment in a country where diversity was once unwelcome. By upholding affirmative action, this Court has protected opportunities for millions of Americans who are still victimized by the lingering effects of discrimination," said Neas. "This decision highlights how critical the next appointments to the Supreme Court will be. As demonstrated by this case, challenges to civil rights and other rights are increasing. The vote of a single justice can have a massive impact on Americans' rights."

In a companion case, Gratz v. Bollinger, the Court struck down the undergraduate admissions program. Reuters reports on the differing rulings:

But in the undergraduate case, Chief Justice William Rehnquist declared for the majority that the manner in which the university considered the race of applicants violated the constitutional equal protection provisions. In the undergraduate case, black, Hispanic and Native American applicants get 20 extra points out of a possible 150 points under a selection index that considers academics, test scores and other factors, including race. In the law school case, the admissions process does not involve a point system, but the university seeks the enrollment of a "critical mass" of minority students, which has ranged between 10 percent and 17 percent of each class.

The vote was 5-4 in the law school case and 6-3 in the undergraduate case.

Update: Clarence Thomas voted against affirmative action. Here are excerpts from the undergraduate decision--including Justice Ginsberg's dissent.