On the recordDecember 10, 2015
yesterday the Supreme Court heard oral arguments in the case of Fisher v. University of Texas. In that case the plaintiff was challenging the affirmative action program the University of Texas has. During those oral arguments, conservative Justice Scalia asked whether affirmative action harms minority students by placing them in environments that are too academically challenging for them. Justice Scalia said the following about African-American students: ``There are those who contend that it does not benefit African Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less advanced school, a slower-track school where they do well.'' Justice Scalia further argued that African-American students ``come from lesser schools where they do not feel that they're . . . being pushed ahead in . . . classes that are too . . . fast for them'' and that the University of Texas should not take really qualified African- American students because that means ``the number of . . . really competent blacks admitted to lesser schools turns out to be less.'' But that wasn't enough. This is what else he said: ``I don't think it stands to reason that it's a good thing for the University of Texas to admit as many blacks as possible.'' It is stunning that a man of his intellect--and I have always acknowledged his intellect, but these ideas that he pronounced yesterday are racist in application if not intent.…





