The victory that affirmative action’s proponents scored in the University of Michigan Law School decision is a loss for our nation, and it may well prove to be the death knell for amicable race relations in the future. Most Americans view the U.S. Supreme Court as the place of last resort for fairness and equity. Polls show that the overwhelming majority of Americans of all races oppose the use of racial preferences in public policies. By upholding the use of race in law school admissions, the court has taken the easy way out and succumbed to outside pressures bent on maintaining the status quo. Although our nation has changed dramatically over the past 40 years, what now is cemented in place is a set of policies, programs and attitudes about race adopted in the 1960s and 1970s when our nation was less diverse and our economy much stronger in terms of job growth and potential for achieving a high standard of living. Our federal, state and local leaders have repeatedly failed to rise to the occasion and adjust public policies to reflect where we as a nation stand. It could not be clearer that affirmative action implemented as racial preference works against the interests of the middle class, the working class and the poor. In fact, the racial preference policies defended so eloquently by university presidents, CEOs of corporations and trade associations in their briefs supporting the University of Michigan’s program serve their institutions more than the needs of the groups they defend. Many minorities continue to experience discrimination at some of the same institutions that have taken on leadership roles defending the status quo. For these elites looking to avoid controversy, racial preferences are a low cost means to avoid identifying and adopting new and fairer practices that could improve America by reducing sources of racial friction and changing the incentive structure for all Americans. Some reports indicate that by the year 2050, non-Hispanic whites could become a minority in a nation founded by European Americans. Although much speculation focuses on the year 2050, minority status for European Americans could occur much sooner because of the well-known minority undercount of the census and because of the practice of some racial and ethnic minorities — for example, Puerto Ricans — to identify themselves as white when their physical characteristics would suggest African-American. Furthermore, not only are racial and ethnic minorities seriously undercounted, but the percentage of whites in the country is inflated. Consequently, the racial preference policies upheld today will only exacerbate racial tensions by further alienating whites who are already insecure about their looming minority status. As the country grows more diverse, the elites in America continue to support the status quo, and affirmative action as racial preference shows little sign of abating. Somewhere we have taken a wrong turn on race. By vigorously defending racial preferences in the name of diversity and refusing to challenge racial double standards, our national and state leaders have fostered hostilities among and between different racial and ethnic groups. I am staunchly convinced that the anger and resentment among the shrinking white population will only increase as our nation becomes more diverse because it is human nature for people to worry about the future of their children and grandchildren. American leaders must wake up and smell the coffee! America’s leadership institutions are deeply flawed, and few of its leaders exercise common sense when it comes to race. What America needs are leaders willing to take us in new and innovative directions. America needs to become one country united by the ethical, moral and biblical principles that have helped make us great. What can save America are common principles and common values that include the betterment of all of society, including the poor white male from Appalachia who shares dreams of opportunity and achievement with those who benefit from racial and ethnic preferences. Where do we go from here? How long can a nation as diverse as ours sustain racial and ethnic preferences without fueling increased racial and ethnic conflict? How long will we be satisfied with public policies offering advantages to the offspring of new immigrants over the needs of Americans with deep roots in this nation? Neither Democrats nor Republicans have offered real leadership on these issues, and the situation has worsened due to the recent growth of identity politics and the rise in white nationalist groups. With its decision in the Michigan Law School case, the Supreme Court has failed America. By not exercising courage, our elected and appointed officials have placed us on a dangerous collision course with increased racial strife, and in 25 years — Justice Sandra Day O’Connor’s suggested endpoint for racial preferences — it may simply be too late. Carol M. Swain is professor of political science and law at Vanderbilt University. She is the author of The New White Nationalism in America: Its Challenge to Integration and Contemporary Voices of White Nationalism co-authored with Russell Nieli. Carol Swain click here Appeared in The Tennessean July 1, 2003 http://tennessean.com/opinion/nashville-eye/archives/03/07/35233946.shtml?Element_ID=35233946