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On Tuesday, the U.S. Supreme Court upheld Michigan’s ban on affirmative action in higher education in a move that will weaken the measure without completely killing it in the state.

The ruling, a win for anti-affirmative action proponents, means that Michigan’s public universities are banned by state law from considering race in admissions. Tuesday’s development is also expected to boost other education-related affirmative action bans in California and Washington State.

But the ban, which passed with a 6-2 decision, didn’t pass without some words from Justice Sonia Sotomayor on the harsh reality of race in this country.

“In my colleagues’ view, examining the racial impact of legislation only perpetuates racial discrimination,” Sotomayor said. “This refusal to accept the stark reality that race matters is regrettable. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society.”

“We are fortunate to live in a democratic society. But without checks, democratically approved legislation can oppress minority groups. For that reason, our Constitution places limits on what a majority of the people may do. This case implicates one such limit: the guarantee of equal protection of the laws. Although that guarantee is traditionally understood to prohibit intentional discrimination under existing laws, equal protection does not end there. Another fundamental strand of our equal protection jurisprudence focuses on process, securing to all citizens the right to participate meaningfully and equally in self government. That right is the bedrock of our democracy, for it preserves all other rights.”

Ironically, the ruling comes just as the University of Michigan takes steps to reach out to minorities and make them feel welcome on campus.

According to the Huffington Post:

Blacks made up just 4.6 percent of undergraduate students last fall, a figure that has dropped since voters in 2006 said race couldn’t be used as a factor in the selection process. Nearly eight years later, the Supreme Court said the Michigan constitutional amendment will stand.

And with Tuesday’s development, it looks like those numbers will drop even lower.

To read more on the ruling and Sotomayor’s response, click here.

SOURCE: Huffington Post, SupremeCourt.gov | VIDEO SOURCE: News Inc.