In striking down AFFIRMATIVE ACTION in higher education yesterday, the Supreme Court’s conservative majority said it had to do so because the Constitution forbids any form of racial distinction.
With a single opinion, the justices overturned decades of precedents that upheld race-conscious admissions policies as consistent with the 14th Amendment’s equal protection clause and ignored the reality of modern America, where prejudice and racism endure.
Affirmative Action was the legal system’s version of a “make-up call” in sports.
For those unfamiliar, a make-up call occurs when a referee or umpire recognizes that he or she had made a previous egregious error in penalizing one of the opponents in a game and then consciously or unconsciously makes things “right” by leaning the other way on the next judgement call against the other team.
At least in the sports version, the make-up call involves the same competitors throughout; under Affirmative Action, the beneficiaries are rarely the ones who suffered the most historically.
For its proponents there NEVER would have been a logical end to it. There is ALWAYS some wrong in the distant past that requires a ‘make-up call.’
Diversity of skin color is NOT the same thing as diversity of economic backgrounds.
Pay attention to the rhetoric of Ivy League administrators, they rarely mention economic mobility as their main concern. Rather, the Ivies, over the decades, have been using a splash of color through affirmative action to self-rationalize!!! their own internal preferences for legacies, athletes and children of elites.