Roberts was part of a court majority earlier this year that upheld the rights of states to ban racial preferences in university admissions. The 6-2 decision came in a case brought by Michigan, where a voter-approved initiative banning affirmative action had been tied up in court for a decade.
“This presupposes that racial discrimination is at a sufficiently low ebb that it doesn’t need to be actively confronted,” Holder said. “In its most obvious forms, it might be. But discrimination does not always come in the form of a hateful epithet or a Jim Crow-like statute. And so we must continue to take account of racial inequality, especially in its less obvious forms, and actively discuss ways to combat it.”