On June 29th, after decades of
aggressive and strategic efforts from
influential right wing forces, the US
Supreme Court, by a 6–3 supermajority,
outlawed race conscious admissions at
universities throughout the nation, dismantling
decades of progress and crippling the
potential of racial diversity and pluralism at
our nation’s institutions of higher education.
Justice John Roberts, speaking
for the majority, argued that “the student must
be treated based on his or her experiences as an
individual - not on the basis of race.” He was
joined by Justices Clarence Thomas, Samuel A.
Alito Jr., Neil M. Gorsuch, Brett M. Kavanaugh
and Amy Coney Barrett.
The court did not prohibit
considering students’ backgrounds and
circumstances in holistic reviews of their
profiles. Thus, admissions officers can still
give credit to applicants who have overcome
challenges relating to their race or who would
bring unique experiences to campus.
Interestingly, the ruling did not apply to
military academies.
As to be expected, reaction
across the political spectrum was swift,
emotional and passionate. President Biden said
Thursday the current Supreme Court has done
“more to unravel basic rights and basic
decisions than any court in recent history.”
In her blistering, powerful and
compelling dissent, Justice Ketanji Brown Jackson
zeroed in on the irony of this decision being
based in the equal-protection clause. “With let-them-eat-cake
obliviousness, today, the majority pulls the
ripcord and announced, ‘colorblindness for all’
by legal fiat,” Jackson wrote. “But deeming race
irrelevant in law does not make it so in life.”
Justice Brown Jackson is right on target in her
analysis.
It was notable and disturbing
that Justice Clarence Thomas has been one of the
most ardent opponents of affirmative action
despite the fact that it was such a policy that
afforded him the opportunity to enroll at Yale
Law School and is one reason, if not the primary
reason, why he is on the Supreme Court today. He
was a Black conservative who was in “the right
place at the right time.” Such hypocrisy leaves
much to be desired. Indeed, President George W.
Bush Sr. was able to say with a straight face
that Thomas was the most qualified justice for
the Supreme Court.” Please!
Many on the political, social
and cultural right like to argue for a
colorblind society by invoking the powerful
words of Martin Luther King Jr., that people be
judged not on the color of their skin, but
rather, the content of their character. Truth be
told, there are numerous problems with such an
idealistic, yet misguided demand.
While America is indeed a very
colorful, racially diverse, and a pluralistic
society, our history has been anything but
racially progressive, open and tolerant. Past
and present. Racial progress has indeed occurred
on some level, and yet the nation is far from
the racial, political, cultural, social and
economic utopia that Dr. King envisioned for it
to become. Rather than being colorblind, we are
a deeply endemic color conscious, economically
stratified and segregated society.
Factors such as endemic poverty
in many of our rural and urban areas, systemic
and systematic racism, sophisticated and subtle
discrimination, and lack of access to the
mainstream are/have been searing perennial
issues for those who are victims to such social
inequities and inequalities. Economic and
structural racism, educational disparities,
environmental racism, health disparities,
chronically segregated communities are
unalterable and undeniable realities in the
lives of many poor people of color and
indigenous populations. Race-based remedies in
college admissions can serve as an instrument in
an effort to level a dramatically uneven playing
field.
The real, hard-core truth is
that the majority of those on the conservative
right and the larger conservative movement are
not interested in the welfare of Asian American
or any other group of non-White students.
Rather, their primary agenda is to reestablish
the previous practice of White privilege, more
specifically, White male privilege to the
college admissions process while perversely
using Asian students as political decoy.
The majority of conservatives
who denounce affirmative action are the very
same individuals who rabidly, mock, ridicule,
resent and rail against the strengths and
advantages that a diverse, holistic and
multi-faceted society provides. People of color
are not and have never been a genuine priority
for them. The disingenuous responses of many on
the right to the court’s decision reveals such a
sinister truth. As a side note, White women are
a group that frequently benefits the most from
affirmative action.
One thing, however, is for
certain, despite the recent court decision. The
truth is that Diversity is indeed our nation’s
strength. This fact holds true for higher
education as well. Future demographics are
already and will continue to demand a
multi-racial workforce to meet the demands of
its population. Thus, it is incumbent on our
institutions of higher education to ensure that
colleges and universities are producing a
student body that accurately reflects the racial
make-up of its citizenry.
While those on the right may
declare victory, those of us who are dedicated
to progress and equality must work to make sure
that such a sinister celebration is pyrrhic and
temporary at best. We cannot allow our nation to
return to the oppressive and dystopian days of
Jim Crow, let alone the mid-19th century. As the
late, self-described Black, feminist, lesbian
warrior poet, Audre Lorde so deftly stated “the
war against dehumanization is ceaseless.” Indeed
it is!
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