The U.S. Supreme Court's 6-2 vote upholding a Michigan law that bans the use of racial preference in state university admissions may be the writing on the wall for affirmative action, legal analyst Kendall Coffey says.
"I think the Supreme Court has simply reached a point with respect to our history where some of them think … we've reached a point where [affirmative action] with respect to racial and other ethnic minorities is simply not something that is required," Coffey told "The Steve Malzberg Show" on Newsmax TV.
It's almost a policy decision. It’s a view of history. It's not necessarily, strictly speaking, a view of the Constitution. You recall that Justice [Sandra Day] O'Connor had said that there should be some form, in her view, of a plus factor for at least another couple of decades.
Story continues below video.
"This course seems to be reaching the conclusion a little faster in terms of watching the flow of history."
Coffey — a founding member of Coffey Burlington, PL in Miami — said he would not be surprised to see further legal attention regarding affirmative action over the next five years.
"At some point, it's going to be reconsidered again, and I'm not sure any form of racial preference is going to survive the next treatment," he said.
See "The Steve Malzberg Show" on Newsmax TV each weekday live by clicking here now.
© 2026 Newsmax. All rights reserved.