ABSTRACT
The efficacy of the treaty is declared and guaranteed by the Constitution of the United States. The US Supreme Court first made such a ruling in University of California v Bakke in 1978. Since then, it has made a series of such rulings. Despite the vast difference between preference laws and affirmative action policies, the United States Supreme Court treated special measures at the University of Michigan as though they were preferences. An analysis of the Michigan case within the framework of liberal democratic theory and international law of human rights clearly demonstrates that the US Supreme Court's ruling on the reverse discrimination cases is at odds with human rights treaties. As far as the international law of human rights, the US Supreme Court abrogated its obligation to rule in the reverse discrimination cases according to the principle of law.
