On Monday, in America’s fifth year of a black presidency, the five Republican-appointed Supreme Court justices had an opportunity to abolish racial and ethnic preferences for violating the 14th Amendment’s requirement of “the equal protection of the laws.” They had affirmative action in their sights but were unable to pull the trigger, and so they merely sent the case back down to a lower court while recommending stricter scrutiny. ... 

Few have mentioned that the affirmative-action non-decision interacts deleteriously with the Schumer-Rubio bill that would boost immigration. The great majority of amnestied illegal aliens and new immigrants brought in under the bill, plus their descendants unto the seventh generation, would be eligible for racial or ethnic privileges.