Sotomayor, J., dissenting
422 U. S. 873 (1975), for example, the Court held that it is unconstitutional for border patrol agents to rely on a person’s skin color as “a single factor” to justify a traffic stop based on reasonable suspicion, but it remarked that “Mexican appearance” could be “a relevant factor” out of many to justify such a stop “at the border and its functional equivalents.” Id., at 884–887; see also id., at 882 (recognizing that “the border” includes entire metropolitan areas such as San Diego, El Paso, and the South Texas Rio Grande Valley).[1] The Court thus facilitated racial profiling of Latinos as a law enforcement tool and did not adopt a race-blind rule. The Court later extended this reasoning to border patrol agents selectively referring motorists for secondary inspection at a checkpoint, concluding that “even if it be assumed that such referrals are made largely on the basis of apparent Mexican ancestry, [there is] no constitutional violation.” United States v. Martinez-Fuerte, 428 U. S. 543, 562–563 (1976) (footnote omitted).
The result of today’s decision is that a person’s skin color may play a role in assessing individualized suspicion, but it cannot play a role in assessing that person’s individualized contributions to a diverse learning environment. That indefensible reading of the Constitution is not grounded in law and subverts the Fourteenth Amendment’s guarantee of equal protection.
2
The majority does not dispute that some uses of race are constitutionally permissible. See ante, at 15. Indeed, it agrees that a limited use of race is permissible in some college admissions programs. In a footnote, the Court exempts military academies from its ruling in light of “the potentially distinct interests” they may present. Ante, at 22, n. 4.
- ↑ The Court’s “dictum” that Mexican appearance can be one of many factors rested on now-outdated quantitative premises. United States v. Montero-Camargo, 208 F. 3d 1122, 1132 (CA9 2000).
