Justice Scalia suggests black college students should attend 'a less-advanced... slower-track school'
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:
Garre responded that "this court heard and rejected that argument, with respect, Justice Scalia." He added that, "frankly, I don't think the solution to the problems with student body diversity can be to set up a system in which not only are minorities going to separate schools, they're going to inferior schools." The key vote in the case will be, as he often is, Justice Anthony Kennedy, who has never voted in favor of affirmative action.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Supreme Court does not allow cameras at oral arguments, but audio of Scalia's comments will be released on Friday, legal analyst Jeffrey Toobin noted on CNN after the transcript was released. Scalia was citing an amicus brief filed in the case, he added, but "he has really, almost intentionally, become the 'get off my lawn' justice." You can watch that piece of legal analysis below. Peter Weber
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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.
-
Mary Poppins tour: 'humdinger' of a show kicks off at Bristol Hippodrome
The Week Recommends Stefanie Jones and Jack Chambers are 'true triple threats' as Mary and Bert in 'timeless' production
By Irenie Forshaw, The Week UK Published
-
Jaguar's stalled rebrand
In the spotlight Critics and car lovers are baffled by the luxury car company's 'complete reset'
By Abby Wilson Published
-
What the chancellor's pension megafund plans mean for your money
Rachel Reeves wants pension schemes to merge and back UK infrastructure – but is it putting your money at risk?
By Marc Shoffman, The Week UK Published
-
USC under fire for canceling valedictorian speech
Speed Read Citing safety concerns, the university canceled a pro-Palestinian student's speech
By Rafi Schwartz, The Week US Published
-
Florida teachers can 'say gay' under settlement
speed read The state reached a settlement with challengers of the 2022 "Don't Say Gay" education law
By Peter Weber, The Week US Published
-
Biden administration to forgive $39B in student loan debt for 800K borrowers
Speed Read
By Theara Coleman Published
-
Advocacy groups challenge Harvard's legacy admissions policy
Speed Read
By Catherine Garcia Published
-
2 Michigan school districts ban backpacks after confiscating 4th gun this year
Speed Read
By Theara Coleman Published
-
Education Department to limit bans on transgender student athletes but allow exceptions
Speed Read
By Peter Weber Published
-
UAE becomes 1st Middle Eastern country to mandate Holocaust education in schools
Speed Read
By Justin Klawans Published
-
College admissions scandal mastermind sentenced to 3.5 years in prison
Speed Read
By Devika Rao Published