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