Since a bill reversing I-200 (making affirmative action illegal) was introduced at the beginning of this year’s legislative session, many stories have surfaced supporting the change. Unfortunately, throughout many of these arguments, one overarching mistake has been made.
In a recent Seattle Times article describing the bill, it was stated that change needed to be made to I-200 to make the state’s laws consistent with the Supreme Court’s recent ruling regarding affirmative action. Many others have also made that point, but it is wrong. I-200 is not unconstitutional or inconsistent with the ruling.
The ruling declared that affirmative action was constitutional, not that anti-affirmative action policies were unconstitutional. The difference is huge. The decision said that if states want to implement affirmative action policies, then they could as long as they follow some guidelines. However, the decision does not force states to enact affirmative action policies. It only gives them the option if they want to. The decision of whether to implement those policies is a legislative duty, not a judicial one.
I don’t support affirmative action, but the debate of whether to change I-200 is fair enough. However, if the debate is to continue, supporters of the change must stop arguing that I-200 is inconsistent with the Supreme Court’s decision. Such an argument is simply wrong.
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