Is affirmative action permissible or desirable?

In this case as well as in Matter of Fullilove v. Carey, 48 N.Y.2d ---, --- N.Y.S.2d ----, --- N.E.2d ---- (decided herewith), the fundamental question presented is not whether affirmative action is permissible or desirable. The question, simply and narrowly, is whether, under our governmental system, the central feature of which is distribution of powers, the executive has the authority to initiate affirmative action without legislative authorization.

Although the rule elsewhere may differ, the law of New York is clear.