Justice Scalia suggests black college students should attend 'a less-advanced... slower-track school'

Justice Antonin Scalia drew audible gasps with his thoughts on blacks in colelge
(Image credit: Alex Wong/Getty Images)

On Wednesday, the Supreme Court heard oral arguments in Fisher v. University of Texas, in which a white female Texan, Abigail Fisher, sued the University of Texas, claiming she wasn't admitted in 2008 because of affirmative action — UT uses race as one factor in accepting a quarter of incoming students (the other three-quarters are automatically accepted based on academic performance in Texas high schools). This is the second time the Supreme Court has heard the case, and based on the comments from the justices, it appears that a majority is ready to find the UT admissions system — and all affirmative action at U.S. colleges and universities — unconstitutional.

One set of remarks "drew muted gasps in the courtroom," The New York Times reports. University of Texas lawyer Gregory G. Garre had just finished arguing that the black population at "selective" schools "plummeted" after affirmative action was ended, when Justice Antonin Scalia stepped in, according to a court transcript:

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Peter Weber, The Week US

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.