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“Racist And Offensive”: Scalia Makes Racially Charged Argument In Affirmative-Action Case

About a month ago, Supreme Court Justice Antonin Scalia spoke to first-year law students at Georgetown, where he drew a parallel between gay people, pedophiles, and child abusers. What would he do for an encore?

This morning, the high court heard oral arguments in a Texas case on affirmative action and the use of race in college admissions, and NBC News reported that Scalia “questioned whether some minority students are harmed by the policy because it helped them gain admittance to schools where they might not be able to academically compete.”

At first blush, that sounds pretty racist, so let’s check the official transcript:

“There are – there are those who contend that it does not benefit African Americans to ­­ to get them into the University of Texas where they do not do well, as opposed to having them go to a less­-advanced school, a less – a slower-track school where they do well.

“One of – one of the briefs pointed out that – that most of the – most of the black scientists in this country don’t come from schools like the University of Texas. They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in – in classes that are too ­­ too fast for them.”

If we were to go out of our way to be charitable, I suppose we could emphasize the fact that Scalia prefaced these comments by saying “there are those who contend.” In other words, maybe the far-right justice himself isn’t making such an ugly argument, so much as the justice is referencing an offensive argument from unnamed others?

It is, to be sure, a stretch. At no point did Scalia say he disagrees with “those who contend” that African-American students who struggle at good universities and are better off at “a slower-track school.”

David Plouffe, a former aide to President Obama, highlighted Scalia’s quote this afternoon and asked a pertinent question: “Motivation lacking for 2016?”

As for the case itself, Fisher v. Texas, which has been bouncing around for a long while, MSNBC’s Irin Carmon reported that the dispute stems from a complaint filed by Abigail Fisher, a white woman “who claims she was denied admission to the University of Texas because of her race, despite the fact that a lower court found she wouldn’t have been admitted regardless of her race.”

And how did oral arguments go? Carmon added:

The liberals worked to poke holes in the argument that Texas cannot put race on the list of holistic factors. Justice Ruth Bader Ginsburg made the same point she had made the first time Fisher came to the court, which is that the supposedly “race-neutral” process of admitting the top 10 percent, which isn’t being challenged in this case, isn’t race-neutral at all, because it makes virtue out of a long history of school and housing segregation and discrimination. Justice Elena Kagan didn’t say a word, because she has recused herself, having worked on the case as solicitor general. Justice Sonia Sotomayor fiercely challenged Fisher’s attorneys.

Meanwhile, three of the four most conservative members of the court reiterated that they oppose affirmative action and would overturn the court’s precedent that it is allowed as a last resort to promote educational diversity. Chief Justice John Roberts repeatedly asked when remedies to racial discrimination would no longer be needed. (Judging from his past decisions, he believes the time is now.) Justice Samuel Alito tried to argue that advocates for affirmative action are themselves making racist or condescending judgments.

A decision is expected by June.

 

By: Steve Benen, The Maddow Blog, December 10, 2015

December 11, 2015 Posted by | Affirmative Action, African Americans, Antonin Scalia, Racism | , , , , , , , , | 2 Comments

“Ignoring Precedent And Denying Reality”: The Court Stacks The Deck Against Minorities

Affirmative action has opened doors for disadvantaged minorities and made this a fairer, more equal society. The Supreme Court under Chief Justice John Roberts apparently wants no more of that.

This week’s big ruling — upholding a Michigan constitutional amendment that bans public universities from considering race in admissions — claims to leave affirmative action alive, if on life support. But the court’s opinion, ignoring precedent and denying reality, can be read only as an invitation for other states to follow suit.

Justice Sonia Sotomayor’s thundering dissent should be required reading. She sees what the court is doing and isn’t afraid to call out her colleagues on the disingenuous claim that the ruling in Schuette v. Coalition to Defend Affirmative Action is limited in scope. It has implications that go beyond college admissions to other areas, such as voting rights, where majorities seek to trample minority rights.

By “rights,” I mean not affirmative action but the principle, upheld repeatedly by the court, that the political process should be a level playing field. In Michigan, with the high court’s blessing, anyone who wants to advocate for affirmative action is at a disadvantage. Instead of banning the policy outright — which would at least be honest — the court paints it with a bull’s-eye and strips it of defenses.

The case involves the University of Michigan — my alma mater, by the way — which has spent nearly two decades trying to defend taking race into account, as one of many factors, in deciding admissions.

The university is governed by an elected board of regents, some of whose members have campaigned on their views for or against affirmative action. Opponents of what they call “racial preferences” tried but failed to elect enough like-minded regents to end the practice, so they proposed an amendment to the state constitution that says Michigan’s public universities “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.” Voters approved the measure in 2006 by a wide margin.

This may sound reasonable, even admirable, but here’s the problem: With the amendment, voters changed the political process in a way that unfairly burdens racial minorities.

There was, after all, an existing process for influencing the university’s admissions policies. You could lobby the regents. You could run ads to pressure the board. You could campaign for board candidates who shared your views. You could run to become a regent yourself.

You can still do any of these things if you want to influence the university’s admissions policies in any other way — if you want, say, more places reserved for “legacy” applicants who are the sons and daughters of alumni. But if you want to influence the board in favor of race-sensitive admissions, you have only one option: an onerous, expensive and almost surely futile attempt to amend the state constitution yet again.

As Sotomayor wrote , “The effect . . . is that a white graduate of a public Michigan university who wishes to pass his historical privilege on to his children may freely lobby the board of that university in favor of an expanded legacy admissions policy, whereas a black Michigander who was denied the opportunity to attend that very university cannot lobby the board in favor of a policy that might give his children a chance that he never had.”

If stacking the deck in this manner is acceptable in university admissions, why not in voting rights? Sotomayor’s dissent recounted the long history of attempts by majorities to change the political process in order to deny racial and ethnic minorities the chance to achieve their goals. The court has recognized a duty to protect the process rights of minorities — until now, apparently.

Once Sotomayor dispensed with the other side’s legal arguments, the court’s first Hispanic justice — she is of Puerto Rican descent — gets personal.

Race matters, she wrote, “for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away.”

She went on, “Race matters to a young man’s view of society when he spends his teenage years watching others tense up as he passes, no matter the neighborhood where he grew up. Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, ‘No, where are you really from?’ . . . Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: ‘I do not belong here.’ ”

To young people of color, the Roberts court replied: Maybe you don’t.

 

By: Eugene Robinson, Opinion Writer, The Washington Post, April 24, 2014

April 26, 2014 Posted by | Affirmative Action, SCOTUS | , , , , , , , | Leave a comment

   

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