THE RECENT RULING by the California Supreme Court that the preferential admissions policy at the University of California at Davis Medical School is illegal is a serious setback for affirmative action efforts. It threatens both the future of educational opportunities and the freedom of academic institutions from judgements passed by uniformed outsiders.

With the potential consequences of a decision to uphold the ruling so damaging, it is gratifying that the University has decided to prepare an amicus curiae brief to defend the California university's practice of allotting 16 places in each class for minority students. If the U.S. Supreme Court decides to accept the case, Archibald Cox '34, Williston Professor of Law, will write the brief for Harvard. Cox wrote a similar brief two years ago defending the preferential admissions policy of the University of Washington Law School in the DeFunis case. But the Supreme Court did not rule on that case, and the Davis decision now carries the burden of determining the future of affirmative action admissions and hiring policies nationwide.

Despite the continuing problems with minority recruiting, and the University's inability to make major advances in the admission and hiring of minorities, President Bok's recent support of preferential admissions policies and the University's public stance are encouraging.