A journalist who was at the Supreme Court on Thursday described the intense atmosphere in the wake of a conservative majority’s decision to strike down racial preferences in higher education admissions. As Justice Clarence Thomas read his concurring opinion aloud from the bench, the reporter captured a moment fit for the history books.
Jackson asks readers to “imagine” two hypothetical college applicants, one white and the other black. Affirmative action, she says, is about “acknowledging the seven generations’ worth of historical privileges and disadvantages that each of these applicants was born with” and thus penalizing the white person for things he never did. “History speaks,” she says. “In some form, it can be heard forever.
More importantly, he understands why so-called affirmative action is unconstitutional. His opinion wrecks Jackson’s claim that the 14th Amendment is “race-conscious” by quoting numerous officials and laws near the time of its passage that show a “colorblind” intent behind the push for equality. Jackson’s racial commentary is “constitutionally irrelevant,” he points out.
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