Assuming that an honest interpretation the Constitution, particularly the 14th Amendment and its Equal Protection Clause, leads the Court to once again confirm the constitutionality of affirmative action programs (as they have historically done), we can then address the political question of whether or not affirmative action programs were ever appropriate and if they were whether they still necessary to meet the goals for which they were intended.

FORBES: The Supreme Court Is the Supremely Wrong Place To Address Affirmative Action

If you subscribe to the importance of the Equal Protection Clause of the United States Constitution, it becomes difficult to take a position that the existence of affirmative action was ill conceived from the outset as to deny that certain defined segments of American society were disadvantaged by who they are would be to deny reality.

FORBES: The Supreme Court Is the Supremely Wrong Place To Address Affirmative Action