The Supreme Court Might Destroy Affirmative Action Because a White Woman’s … – Slate Magazine

Fortunately for Fisher, this latest trip to the high court might be the try that sticks. At least four Supreme Court justices believe affirmative action is unconstitutional. In his concurrence to the first Fisher opinion, for instance, Antonin Scalia wrote that “The Constitution proscribes government discrimination on the basis of race, and state-provided education is no exception.” Likewise, on the same grounds, Clarence Thomas attacked affirmative action as morally equivalent to Jim Crow. Samuel Alito has sided with affirmative action opponents in the past, and in reference to a voluntary school desegregation plan—which he struck down—Chief Justice John Roberts has said that “the way to stop discriminating on the basis of race is to stop discriminating on the basis of race,” as if race consciousness is the same as racism. Meanwhile, a member of the court’s liberal wing, Elena Kagan, will recuse herself from hearing the case because she worked on it when she was solicitor general.

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