Justice Scalia is making the exhausted argument that admitting African-American students into white schools is akin to putting ponies in a horse race.
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Some academicians call such a theory “mismatch”, and Scalia noted an amicus brief in the case that said most black scientists do not come from the most highly selective schools. He added in that black college students come from “lesser schools, where they do not feel in that they’re being pushed ahead in classes in that are too swift for them”.
He went on to say, “I’m just not impressed by the fact the University of Texas may have fewer [blacks]. Maybe it ought to have fewer”, Scalia continued, emphasis ours.
While occupying a seat on the highest court in the land, Justice Scalia insulted and demeaned African-Americans while resorting to a racist stereotype that goes back as far as slavery.
“If this court rules that the University of Texas can’t consider race, we know exactly what will happen: diversity will plummet, especially among African Americans”, said Garre.
Demonstrators take part in a rally at the US Supreme Court as the affirmative action in university admissions case was being heard at the court in Washington December 9, 2015.
Abigail Fisher, a white student who was rejected from the university, sued the school for violating the equal protection clause of the Fourteenth amendment. UT Austin admits 75 percent of its students under the top ten percent plan, by which students who rank in the top 10 percent of their high school class are offered automatic admission to the university.
The U.S. Supreme Court appears torn over the use of race in college admissions and may not be ready to make a decision without more information. Last month, Scalia drew criticism for remarks to a group of Georgetown University law students in which he suggested the push to protect certain minority groups under the Constitution could just as easily apply to child molesters. Affirmative action was used as a “temporary” measure to increase at the university but as Roberts once again pointed out, “When do you think your program will be done?”
By the end of the unusually long and tense argument, Kennedy indicated that the Supreme Court might have all the evidence needed to decide the case.
“Race is an odious classification”, said Fisher’s lawyer, Bert Rein, who described the university’s admission process as “inappropriate”.
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A ruling in the Texas case isn’t expected until next June. Justice Elena Kagan was recused due to her prior job as Solicitor General. According to Fisher, she was denied entry to the school in 2008 due to the school’s affirmative action policies.
