On Thursday the Supreme Court found it unconstitutional to consider race in university admissions. This racist affirmative action policy, employed by certain universities to increase diversity, is not allowed by the 14th Amendment which ensures that individuals receive equal protection under the laws no matter their skin color. Justice Sonia Sotomayor, writing for the dissenters, took the standard liberal view that Society “is not and has never been colorblind” apparently arguing for a continuation of racist policies indefinitely since we have had racist policies in one way or another since the beginning of time. The conservative majority ruled that “the student must be treated based on his or her experiences as an individual – not on the basis of race” which is consistent with the 14th Amendment guarantees.
Justice Clarence Thomas argued in his concurrence that the Constitution is “color-blind, and neither knows nor tolerates classes among citizens.” Thomas said the country did not always live up to the principle of “all men are created equal” in the past but the 14th Amendment declared that the color of a person’s skin should be irrelevant to their treatment under the law, which should be equal to everyone else.
The Babylon Bee humorously reported that “In an extremely awkward moment, six Supreme Court justices ruled that affirmative action is unconstitutional, completely forgetting that affirmative action hire Ketanji Brown Jackson was sitting right there next to them”. Justice Jackson, a person of color, had been nominated by President Biden after he vowed to consider race in choosing his nominee. Actually, this Decision is narrow in scope in that it only applies to university admissions and does not end all affirmative action by itself. But hopefully it will give renewed force to efforts to eradicate other racist policies and lead to a better Society that judges people simply on their merit and character and not on their skin color.
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Well said. How can we eradicate discrimination while applying it in our laws and educational/work opportunity? If Blacks experience discrimination the courts are open and available to reverse it. Government has an army of EEO Counselors, investigators and others who are charged with stopping discrimination, I worked as one for years. An EEO Officer, a high level official said, “We don’t have enough complaints of discrimination from blacks.” He didn’t see a decline in complaints as good and evidence that incidences of discrimination were declining, but like justice Sotomayer thought Blacks are entitled to permanent privilege in the workplace based on their ethnicity – that is institutionalized racism.
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