Two court cases come to our attention, courtesy of Cato’s Ilya Shapiro. Both involve the favoring of members of one group over another.
The Sixth Circuit ruled that a voter-approved amendment to the Michigan state constitution outlawing racial preferences in college admissions would violate the U.S. Constitution’s equal protection clause. The amendment states in part that Michigan public colleges and universities shall “not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin. . . .”
In his dissent, Judge Richard Griffin writes: “The post-Civil War amendment that guarantees equal protection to persons of all races has now been construed as barring a state from prohibiting discrimination on the basis of race.” Shapiro calls the decision Orwellian.
The other case involves California law banning sellers of eyewear who are not state-licensed optometrists and ophthalmologists from conducting eye exams and selling glasses at the same place of business. The law prevents national eyewear chains from competing effectively in California (since customers prefer to get their glasses and eye exams in one shop).
Cato joins an amicus brief urging the Supreme Court to take up the California case. Shapiro also says that because there are two conflicting lower-court decisions on the Michigan question, the Supreme Court is likely to add that case to its docket.
Let’s hope all further rulings are based on a clear-sighted respect for equal rights under the law.
This is Common Sense. I’m Paul Jacob.
Victory attained by violence is tantamount to a defeat, for it is momentary.

Bigotry may be called the appalling frenzy of the indifferent. This frenzy of the indifferent is in truth a terrible thing; it has made all monstrous and widely pervading persecutions. In this degree it was not the people who cared who ever persecuted; the people who cared were not sufficiently numerous. It was the people who did not care who filled the world with fire and oppression. It was the hands of the indifferent that lit the faggots; it was the hands of the indifferent that turned the rack. There have come some persecutions out of the pain of a passionate certainty; but these produced, not bigotry, but fanaticism — a very different and a somewhat admirable thing. Bigotry in the main has always been the pervading omnipotence of those who do not care crushing out those who care in darkness and blood.