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Constitutional conservative. (Inside Expert).(legal expert Michael Greve)(Interview)
If the Supreme Court uses two current cases against the University of Michigan to over-turn the use of racial preferences in college admissions, Americans will have Michael Greve to thank. As a founder of the Center for Individual Rights, Greve led the initial litigation in both cases. Born in Germany and the holder of a law degree and a doctorate from Cornell University, Greve currently heads an AEI project that seeks to protect American federalism. He spoke with TAE senior editors Eli Lehrer and Karina Rollins.
TAE: Are racial preferences at public universities Constitutional?
GREVE: No, they are not. The 14th Amendment presupposes racial neutrality. The Constitution is colorblind. Conflicts along racial lines are more pernicious than any other imaginable division. The only baseline on which everyone can agree is one of absolute, uncompromising racial neutrality.
TAE: Courts haven't upheld racial preferences in decades. Why do they persist?
GREVE: Courts have also never decisively prohibited them, and that creates all sorts of room for political infighting. An awful lot of people crowded into the lifeboat of preferences. It started out about blacks, then, in order to sustain itself, the system mushroomed and crowded additional favored constituencies under the principle of compensatory preference.
TAE: What do you think the chances are of the Supreme Court finally making a decisive statement on racial preferences in the University of Michigan case?
GREVE: I think it's a foregone conclusion that the University of Michigan will lose both cases. I don't see any way to save the university's position. My personal hope is that the Supreme Court will recognize the need for a clear conceptual rule. It has to realize that the specific mechanics of the system don't matter; the only way to get beyond race is to ... well ... get beyond it.
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