It is another irony of the affirmative action debate that Bakke looks relatively progressive now, As other branches of the federal government, along with various states and private institutions, consider whether to abolish affirmative action, Justice Powell's compromise deserves reconsideration. Although his analysis has been criticized for many reasons, it reflects an American pragmatism that has transformed the civil rights movement into mainstream legal reforms.
Only pragmatism will ensure that affirmative action is continued.
Frank H. Wu Associate Professor of Law Howard University
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