All hell is about to break loose at the Supreme Court.
Democrats knew this day would come.
Now Clarence Thomas is about to hit Democrats with a crushing defeat 20 years in the making.
The Supreme Court agreed to hear a pair of challenges to race-based admissions policies at the University of North Carolina and Harvard.
This decision is a clear example of the six Republican appointees on the court flexing their muscle and asserting their majority to push the law in a conservative direction.
On the chopping block is a 2003 Supreme Court decision in Grutter v. Bollinger where the court upheld admissions granting preferential treatment to black and Hispanic applicants at the University of Michigan Law School because of their race.
Justice Sandra Day O’Connor – who Ronald Reagan appointed to the Supreme Court – sided with the court’s four liberals ruling that the Constitution “does not prohibit the law school’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.”
One interesting part of the opinion came when O’Connor set a countdown to when so-called “affirmative action” would no longer be necessary.
O’Connor ruled that “race-conscious admissions policies must be limited in time,” with O’Connor continuing on that the “Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.”
Justice Clarence Thomas authored a fiery dissent.
“Law School should be forced to choose between its classroom aesthetic and its exclusionary admissions system,” Justice Thomas wrote.
Justice Thomas also attacked O’Connor’s 25-year sunset for so-called “affirmative action” arguing that if race-based admissions policies were illegal in 25 years they were illegal now.
“I therefore can understand the imposition of a 25-year time limit only as a holding that the deference the Court pays to the Law School’s educational judgments and refusal to change its admissions policies will itself expire. At that point these policies will clearly have failed to ‘eliminate the [perceived] need for any racial or ethnic’ discrimination because the academic credentials gap will still be there. [citation omitted] The Court defines this time limit in terms of narrow tailoring, [internal citation omitted] but I believe this arises from its refusal to define rigorously the broad state interest vindicated today. [internal citation omitted]. With these observations, I join the last sentence of Part III of the opinion of the Court.” Justice Thomas wrote.
Justice Thomas also attacked race-based admissions policies as antithetical to the American ideal and nothing more than reverse racism.
“For the immediate future, however, the majority has placed its imprimatur on a practice that can only weaken the principle of equality embodied in the Declaration of Independence and the Equal Protection Clause. ‘Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.’ Plessy v. Ferguson, 163 U.S. 527, 559, […] (1896) (Harlan, J., dissenting). It has been nearly 140 years since Frederick Douglass asked the intellectual ancestors of the Law School to ‘[d]o nothing with us!’ and the Nation adopted the Fourteenth Amendment. Now we must wait another 25 years to see this principle of equality vindicated. I therefore respectfully dissent from the remainder of the Court’s opinion and the judgment,” Justice Thomas added.
It’s been 19 years since the court first incorrectly upheld allowing colleges to pick and choose applicants based on race as constitutional.
And now it looks like Clarence Thomas will get the chance to deliver his long-awaited death blow to reverse racism in college admissions.
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