Sotomayor and affirmative action at colleges

In 1994, Sotomayor called herself a "perfect affirmative action baby," acknowledging her race had likely played a role in her admission to Princeton University, where she eventually graduated summa cum laude. The comment has been mentioned by critics of Sotomayor's controversial ruling against white New Haven firefighters.

But the issues in the New Haven case and racial preferences for minorities in college admissions are very different, says Catholic University law professor and higher ed expert William Kaplin.

The New Haven case was a statutory dispute over employment law. The dispute over whether colleges can give racial preferences in admissions turns on the interpretation of the equal protection clause of the Constitution.

In 2003, in a 5-4 decision involving the University of Michigan, the Supreme Court upheld the right of universities to give admissions preferences to minorities, ruling that a diverse student body is a legitimate educational goal. But it also set limits on the practice, and appears to have tightened those limits in a subsequent case. The court also said such racial preferences shouldn't last forever.

That ruling appears to have settled the big question of race-based admissions for now — though if confirmed Sotomayor could see cases testing the details of various programs. David Souter, whom she would replace, sided with the majority in the Michigan case.

Justices Clarence Thomas and Ruth Bader Ginsburg have also both acknowledged benefiting from a form of affirmative action, but have very different views on it, with Thomas firmly opposed.

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-Justin Pope, AP higher education reporter