US Justice Antonin Scalia has suggested sending African American students to “less-advanced schools” that are on “slower tracks”. “I don’t think it – it – it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible”.
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When Abigail Fisher, now 25 and a graduate of LSU, was rejected from University of Texas at Austin in 2008, she filed a lawsuit claiming her application was denied because she is not black.
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Critics, though, point out that the percentages of African American, Latino and Native American students plummeted at the University of California’s Berkeley and Los Angeles campuses and at the University of MI, after laws took effect banning race-based affirmative action. “Maybe it ought to have fewer”, Scalia continued, emphasis ours.
Affirmative action refers to a policy of favoring people from disadvantaged groups that have suffered from discrimination. He also speculated that minority students benefiting from affirmative action who matriculate at “advanced” colleges and universities might have been pushed out of their depth.
Gregory Garre, who argued in support of the university, responded that minority applicants admitted through the holistic admission program fare better than other students over time.
Although arguments have just begun in round two of the case, speculation about how the court will rule already is running rampant.
Texas is unique in marrying the top 10 plan to a separate admissions review in which race is one of many factors considered. Fisher, who is white, sued, arguing racial preferences played a role in her rejection and are unconstitutional.
It was the court’s second look at the admissions program at the University of Texas in Austin.
Justice Anthony M. Kennedy, who nearly surely holds the deciding vote, voiced frustration because university lawyers could not quantify in detail what role race plays in determining which students are admitted.
Remember that time Justice Antonin Scalia said something reactionary and/or bigoted?
Carrie Severino, chief counsel and policy director of the Judicial Crisis Network, says Scalia didn’t imply that African-American students are less intelligent than whites.
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The court, whose ruling is expected by the end of June, appeared split ideologically, with liberals voicing support for affirmative action programs and conservatives questioning why the Texas program was needed to promote campus diversity.
