US The Supreme Court Has Killed Affirmative Action. Mediocre Whites Can Rest Easier. - The court ended one of our most effective social justice policies because anything that isn’t seen to primarily benefit white people is anathema to this country.

ELIE MYSTAL
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A rally in support of affirmative action outside the Supreme Court on October 31, 2022. (Jabin Botsford / The Washington Post via Getty Images)

It has been a long goodbye. The Supreme Court declared race consciousness in college admissions, also known as affirmative action, unconstitutional today. The vote was predictable, 6-3, with all the justices appointed by Republican presidents standing together to revoke the policy. The majority opinion was written by Chief Justice John Roberts himself, who ruled that affirmative action violates the Equal Protection Clause of the 14th Amendment. The 14th Amendment was, of course, written explicitly to revoke the racism practiced by whites against Blacks through their slaver’s Constitution, but Roberts doesn’t care about all that. His opinion attempts to capture the 14th Amendment and redeploy it to justify a white version of “color blindness” that just so happens to lock in a status quo that benefits whites.

Like last year’s revocation of reproductive rights in Dobbs v. Jackson, the decision today, in Students for Fair Admissions v. Harvard University and Students for Fair Admissions v. University of North Carolina, achieves a long-standing conservative policy goal through the fiat of six unelected Supreme Court justices. Conservatives have been gunning for affirmative action since the policy was reintroduced in the 1960s (it had previously been used during Reconstruction, and conservatives killed it then too). Today is a victory for the Heritage Foundation, the Federalist Society, and the entire conservative legal establishment that has correctly identified the courts as the way to reverse policies they don’t like.

But the death of affirmative action was not achieved merely through the machinations of Republican lawyers. While conservatives on the Supreme Court delivered the fatal blow, the policy has long been made vulnerable by the soft bigotry of parents, whose commitment to integration and equality turns cold the moment their little cherubs fail to get into their first choice of college or university. If you want to see a white liberal drop the pretense that they care about systemic racism and injustice, just tell them that their privately tutored kid didn’t get into whatever “elite” school they were hoping for. If you want to make an immigrant family adopt a Klansman’s view of the intelligence, culture, and work ethic of Black folks, tell them that their kid’s standardized test scores are not enough to guarantee entry into ivy-draped halls of power. Some of the most horribly racist claptrap folks have felt comfortable saying to my face has been said in the context of people telling me why they don’t like affirmative action, or why my credentials are somehow “unearned” because they were “given” to me by affirmative action.

That last bit is in some ways the most devastating: Black people are attacked and shamed simply because the policy exists, regardless of whether it benefited them or not. I’ve had white folks whom I could standardize-test into a goddamn coma tell me that I got into school only because of affirmative action. I once talked to a white guy—whose parents’ name was on one of the buildings on campus—who asked me how it felt to know I got “extra help” to get in. The sheer nerve of white folks is sometimes jaw-dropping.

Affirmative action is used by a certain kind of unwashed white mediocrity as an excuse to denigrate the credentials of anybody Black. Then, those same people use their own racial hang-ups as an argument to get rid of affirmative action, blaming the policy for their own racist inability to regard Black colleagues as equals. There are white people who will argue with a straight face that affirmative action makes them harbor the racist idea that Black people are undeserving of their accomplishments.

And some Black people fall for it. It will escape no one’s notice that Clarence Thomas, who happens to be Black, joined the majority opinion banning affirmative action. Thomas wrote a concurring opinion to make an “originalist” defense of a “color blind” Constitution, an argument that is oxymoronic on its face given that the original Constitution was most definitely not color blind toward people who looked like Thomas.

People have often expressed surprise that Thomas is so stridently against the policy, but I am here to tell you that of all of Thomas’s treacherous attempts to set Black folks back to second-class status, this one is the easiest to trace. Thomas considers himself a victim of affirmative action. In his autobiography, My Grandfather’s Son, Thomas says his degree from Yale Law School (Thomas graduated in 1974) was never taken seriously because of affirmative action. He recounts, painfully, how white employers didn’t believe that he could be as smart as his grades indicated, because they believed that he was only there as an affirmative action admit.

Frankly, I know the feeling. I think that any successful Black person in this country, especially one who went to a traditionally elite university, knows the feeling. I’m a well-respected legal columnist and best-selling author, and I can’t go a week without some simpleton who paid eight bucks for Twitter suggesting that I didn’t “earn” my place at Harvard Law School, an institution I graduated from 20 freaking years ago. It’s maddening—both in the sense that it makes me violently angry and that it interrupts the normal functioning of my brain. If you haven’t walked a mile in my shoes, or Thomas’s shoes, or the shoes of any other Black person who had the temerity to be excellent while Black, you really don’t know what it’s like to have white people who have the intellectual firepower of a wet cigarette question your credentials.

The difference between me, along with most Black folks, and Clarence Thomas is that Thomas has decided to take his hurt feelings out on one of the most effective social justice policies in American history, while most Black people just learn to step over the low-account white folks clawing at our ankles. Most Black people strive to overcome racial injustice; Thomas was broken by it. Instead of blaming the white folks doing the oppressing, Thomas has decided to ally with them and blame the policy meant to break their exclusive access to power. He’s almost a tragic figure: a man who has adopted the white narrative about Black people so completely that he’s curdled into a mere spokesperson for that white narrative.

Again, I almost get it. I almost see where he’s coming from. I remember coming home from elementary school one day and declaring to my Black and proud parents that I “couldn’t be” Black. I had heard kids at my predominately white Catholic elementary school saying that Black people were not “clean,” and I explained to my parents that this made me not Black because I took a bath every day, and I didn’t want to be associated with people who didn’t wash. Obviously, my parents were horrified. Obviously, they pulled me out of that school the next year and put me into a predominately Black public school. Obviously, I learned that not everything white people say is true. But Thomas is the guy who never learned: He never figured out how to disregard what white people say about us. Learning how to ignore white folks and their stupid racial theories while living your full life is pretty much the final test towards emancipation, and it’s one that Thomas seems to have flunked for his entire professional life.

Of course, I say that Thomas is “almost” a tragic figure. I almost feel sorry for him. But what drains my empathy for him is the fact that I’ve had to read his absolutely trash legal opinions.

The astute reader will note that I haven’t thus far mentioned the majority’s arguments against affirmative action, and that is because their legal arguments are embarrassing.

The actual cases decided today involve lawsuits brought by Students for Fair Admissions (SFFA), a group of AAPI students organized by white conservative legal gadfly Ed Blum. Blum has made it his life’s work to destroy affirmative action, and in this case, he found plaintiffs eager to argue that affirmative action policies discriminate against AAPI students who don’t get into elite schools despite competitive grades and standardized test scores.

On the facts, Blum and SFFA are simply wrong. The district court (the finder of fact in our federal system) found that the universities do not intentionally discriminate against AAPI students—and, more specifically, that there is no evidence that affirmative action is hurting them. (I have written that I think Harvard does discriminate against AAPI applicants, but that discrimination has nothing to do with affirmative action.) What this means is the entire argument against affirmative action is based on the feelings of some students (and their parents) that they would have gotten into these schools if the schools admitted fewer Black people, but that too is a thin argument. Getting rid of affirmative action will neither require schools to admit more AAPI students nor force them to weigh so-called “merit-based” factors more heavily. In California, which ended its affirmative action policies over 25 years ago, the studies show that, without affirmative action, Black enrollment plummets, Latino enrollment plummets, AAPI enrollment goes up a little bit, and whites flood the remaining opportunities.

Of course, boosting white opportunities at the expense of Black and Latino students is what conservatives like Ed Blum want. They’ve just managed to convince a minority of AAPI parents that making the world easier for Varsity Blues wealthy white parents will also trickle down to their kids. The problem with this pro-white policy goal is that it’s nowhere near a constitutional argument.

To turn all of this helicopter-parent hysteria into a constitutional issue, the conservative majority on the Supreme Court argued that the 14th Amendment’s equal protection clause prevents the use of race-conscious admissions because it discriminates against AAPI students, who are a protected class under the clause. That is why bringing the case with AAPI student stand-ins is crucial to their argument. There’s no equal protection argument for being mediocre and white. There is one for being discriminated against because you’re of Asian descent. Even though the court is making up the cause of that discrimination, invoking the specter of illegal racial discrimination on behalf of the AAPI community is how the white organizers of this attack are able to turn their policy preference into a constitutional argument.

Roberts writes that one of the reasons affirmative action fails is because universities do not adequately distinguish between different kinds of AAPI students—for instance, between South Asians and East Asians. Having this white guy tell us that affirmative action is unconstitutional because the AAPI category is too broad is like Homer Simpson saying he doesn’t go to gyms because they overwhelm him with exercise options.

But this argument—that restorative race-conscious admissions are “the real racist”—is also a bastardization of the 14th Amendment. As Sonia Sotomayor wrote in her dissent, all Roberts is doing is using the 14th Amendment to cement inequality, the very thing it was designed to combat. She writes: “The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”

Policies like affirmative action, as I mentioned above, were first enacted in this country during Reconstruction. Any good-faith “originalist” argument would have to acknowledge that the authors of the 14th Amendment contemplated the use of affirmative action, and we know that because affirmative action was used in their own lifetimes, after the ratification of the amendment.

But the conservatives did not adopt originalism for its good-faith arguments. They’re not ending affirmative action to help Asian American students get into Harvard or UNC. The conservative majority is ending affirmative action because college admissions are maybe the only place in American life where being white isn’t an automatic benefit to the possessor of precious white skin.

That has always been affirmative action’s true sin. Whiteness in this country is celebrated, protected, and centered. It’s given the default position—to such an extent that even my own Black-ass self, in my Black-ass columns, will often use the term “non-white,” as if melanin deficiency is somehow the global standard everyone else deviates from. To have anything, anything at all, where white people aren’t perceived as the primary beneficiaries of a policy or program is anathema to this country. It’s so bad that scores of white people will vote against policies that benefit primarily them (health care, food stamps, drug rehabilitation programs) if they even think that too many people of color are getting in on the action.

To wit, historically, the primary beneficiaries of affirmative action have been white women. Women held only 35 percent of bachelor degrees before affirmative action policies were reintroduced; now, women’s enrollment in college outpaces men, and has for some time. Now, elite colleges and universities are giving men a boost in admissions considerations, because their grades and scores are not keeping pace with women’s.

Yet you’ll note that the Supreme Court did not ban gender consciousness in college admissions. Nor did it ban legacy consciousness, wealth consciousness, geographic consciousness, or athletic consciousness. Race, and only race, is the thing the conservatives don’t want colleges and universities to look at. Because race is the card white people use that never gets declined. It is their most powerful characteristic, the one through which all else is possible.

Affirmative action was one of the only policies that pierced that privileged veil and made white people question whether their lives, or their kids’ lives, would be better if they had been born Black. The answer was always “no.” (Chris Rock’s old joke that nobody white would want to switch places with him has always been devastatingly true, even if some white folks pretend that it’s not.) But the mere possibility that their whiteness wasn’t helping them out every single second of every goddamn day drove a certain kind of white person insane. Affirmative action made them feel like perhaps the world did not revolve around their hopes and dreams and comforts, so it had to be killed. Even previous Supreme Court decisions upholding affirmative action expressed an open yearning for the day when affirmative action would no longer be “necessary.” The previous justices even made up fanciful future dates when the policy could be safely done away with.

JUNE 28, 2023
In his opinion, Roberts echoed these fanciful dates as a reason to end the policy. He writes, “[Affirmative action] admissions programs also lack a ‘logical end point.’” The idea that a policy meant to combat racism must end before the racism ends has always been Roberts’s special logical flaw. It’s the one he used to gut the Voting Rights Act in Shelby County v. Holder. Roberts wants to hang a “Mission Accomplished” banner and declare victory over racism, and then immediately stop all efforts to combat racism.

None of that really matters now, though. The “why” of it is less important than the reality. Affirmative action is gone. Prestige-obsessed white parents have gotten what they wanted. Damaged Blacks who are willing to climb up a ladder and then pull it up behind them have gotten what they wanted. Students who think their intellectual “merit” can be captured on a multiple choice test, like well-trained dolphins who know exactly which hoops to jump through, have gotten what they wanted. Congratulations on all their success: They’ve put a lot of effort into giving Black students another reason to apply to Howard instead of Harvard.

But I do wonder who all these people who successfully killed affirmative action will blame the next time a rejection letter comes in the mail. When they can’t argue that some poor Black kid is “taking their spot,” where will their misdirected frustrations land?

I suppose they’ll still blame Black people. As long as there is one Black person at a college or university, there will be at least one white kid knocked off the wait list who will believe the Black kid had some unfair “advantage” that boosted their application. I guess I can take some small solace in knowing that even without affirmative action, there will still be a lot of white rejects out there who will die mad.

 
I could standardize-test into a goddamn coma
Well actually, you illiterate nigger, it would be "standardized-test", since you're talking about doing testing which is standardized. 'Test' is the verb, although the hyphen makes it weird but you're certainly not 'standardizing' anyone.
I’m a well-respected legal columnist and best-selling author, and I can’t go a week without some simpleton who paid eight bucks for Twitter suggesting that I didn’t “earn” my place at Harvard Law School, an institution I graduated from 20 freaking years ago. It’s maddening—both in the sense that it makes me violently angry and that it interrupts the normal functioning of my brain. If you haven’t walked a mile in my shoes, or Thomas’s shoes, or the shoes of any other Black person who had the temerity to be excellent while Black, you really don’t know what it’s like to have white people who have the intellectual firepower of a wet cigarette question your credentials.
For someone chimping out about a theoretical stranger not "earning" a Twitter checkmark, you wrote a whole paragraph (and article really) being outraged over criticism of, and defensive about, your credentials and yet you never actually explained why you earned them. "I've had them for 20 years!", you say, as if the fact that you'v gone two decades without anyone suggesting you're a retard is proof?

Like, I'm sorry you're black and all, but "ayy yo nigga you sayin' I ain't smart?" isn't what white people call a "compelling argument to the contrary".
 
I don't understand why they always pick the stupidest people to be the "diversity hires" or why that's even a thing. I'm not going to hire you to be a cashier if you can't even do basic fucking math, no matter how many "oppression points" your dumb ass claims to have.

Even Chris Chan was better at his Wendy's job than most of these clowns are at anything.
 
Author is one seething zesty-ass nigga ngl fr ong
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All he's missing is some gold jewelry and a cigar and he'd be a dead ringer for the world's most stereotypical race hustler.
Not to mention that most undergraduates are barely literate. It was bad when I was in college, it must be way worse now with even lower standards, smartphone usage, and our general ghetto-ized culture. If you read undergrad student writing and what they write about, it's so bad. And not only is their grasp of their own native tongue so atrocious, but they clearly show little independent though and rely heavily on cliches and common phrases to express themselves. They certainly don't admit people based on intelligence. This Ivy Leagues care more about money, from scholarships (minorities bring 'em in) and rich folk.
I read an article a while back on why art schools were churning out nothing but dreck these days. Turns out when you're so much of a fail child you can't go to Harvard, you go to art school, and if anyone with actual talent makes you do anything that takes more effort than sticking a can of beans on your head and taking a selfie, mommy and daddy stop writing checks to the school. You really want to tell me Harvard is different?
 
When o w
In his autobiography, My Grandfather’s Son, Thomas says his degree from Yale Law School (Thomas graduated in 1974) was never taken seriously because of affirmative action. He recounts, painfully, how white employers didn’t believe that he could be as smart as his grades indicated, because they believed that he was only there as an affirmative action admit.
And he’s right. AA devalues the individual and it devalues the degree and it devalues the institution.
you haven’t walked a mile in my shoes, or Thomas’s shoes, or the shoes of any other Black person who had the temerity to be excellent while Black, you really don’t know what it’s like to have white people who have the intellectual firepower of a wet cigarette question your credentials.
You’re arguing against your own premise. If AA didn’t exist, people would look at any non typical Harvard grad and see excellence. For anyone who didn’t get a great start they’d see excellence plus grit. Poor and black, graduated with honours from a great uni? Great you must be fantastic, we’re hiring you.
When I went to uni the debate was about state Vs private / public school kids. Private school and public school pupils had tutors and money and ended up at the top places much more often. There was a big push just starting when I was leaving uni ( lol, always too late) to get more state school pupils in.
But the admissions should be rigorous and colourblind. It should be pure meritocracy. If you feel that poor kids, back kids or any other type is t represented in that environment then they’re either 1. not applying or 2. they’re applying and failing.
1. Is resolved with outreach, getting kids who are smart helped through the admissions process admin. Exposing them to that world and telling them ‘if you’re smart this is open to you.’
If the issue is 2. then the standard needs to be raised. Better education and expectations is the only thing that will do that for capable kids.
For the ones that aren’t academic there need to be other routes that are well respected. Technical colleges and apprenticeships. And those shouldn’t be seen as lesser. If you removed every electrician and bin man and plumber from the earth you’d miss them weeks before you missed the theoretical physicists (and you’d never miss the gender studies grads…)
 
Maybe the Black doctor started to study a lot and was thus able to fulfil his potential. However, if you know that no White doctor was helped by affirmative action, while some Black doctors were - what is the natural conclusion to draw? That on average the Black doctors may be worse.
If you have only one chance at something, why risk it?
You're going to see even black people (and why are you capitalizing it it is not a proper noun or title of honor) choosing white doctors, just like they'll always pick a Jewish lawyer given a choice. This doesn't elevate black people. It turns their skin color into a literal Mark of Cain to anyone who cares about whether they live or die.
 
He obtained a JD from Harvard.

Very interesting.

I wonder if he could answer if the fine he received for "violating election district residency laws" was due to a lack of knowledge (for all his education provided to him) or or a surfeit of it and bad intentions?
 
The difference between me, along with most Black folks
Of course the author of this drivel would be black (or at the very least, a white ally).

If you didn't want black people's credentials to be doubted because of affirmative action, then wouldn't not having it in the first place have been a better idea?
 
Of course the author of this drivel would be black (or at the very least, a white ally).

If you didn't want black people's credentials to be doubted because of affirmative action, then wouldn't not having it in the first place have been a better idea?
Funny thing is no one would doubt black people's credentials as long as they were among their own people serving their own communities. Trying to force square black pegs in round white holes* is what got us here in the first place.

*Hold those chuckles, folks.

Just think, if your father had stayed in Haiti, alt-universe you might be King Nigger of Caribbean Wakanda.
On the other hand, he might just be dead. Killed by other niggers on a raging chimp-out bender.

As much as we like to harp on IQ, it doesn't seem like the end-all be-all factor in deciding whether your life's gonna be great or fucked. Take a look at your average Clarence Thomas and your average Trayshayn and see the different environments, opportunities and decision-making that helped steer their directions in life. Somehow, our favorite SC justice managed to overcome a natural IQ handicap to reach an elevated position in life, whereas Trayshayn's languishing in a prison cell or moldering in a grave like any other common low-IQ street nigger.

AA allowed many undeserving niggers to bypass the hard work filter and sashay their way into places they weren't meant to be. Ending that simply means that any nigger hoping to rise above and beyond niggerdom will actually have to put in the hard work. Maybe then those credentials and achievements will actually mean something once more.
 
This headline is "I know you are, but what am I? tier. Journos are such fucking children.
Mediocre white people rest easy--incompetent black people, start sweating.
(and why are you capitalizing it it is not a proper noun or title of honor)
Because they're trying to turn "blackness" (you know how they speak) into a sociopolitical organization thing so sociologists can continue to play misleading games with how they define things. They're basically pulling every propaganda trick in the book to try to get these and other groups (like women) into socialism. They literally teach in schools that "the black identity" (or African worldview, or whatever) is holistic, natural, nurturing, matriarchal, and most importantly of all, based on sharing and more collectivist. The Humanities are a fucking cult and they use jargon like the Scientologists do.
 
Because they're trying to turn "blackness" (you know how they speak) into a sociopolitical organization thing so sociologists can continue to play misleading games with how they define things.
They make it clear what they're trying to do when they capitalize "black" but not "white." Both words serve the exact same grammatical purpose as a loose catch-all for a collection of racial groups with similarly shaded skin (there is no real "white" race nor is there a "black" race). Capitalizing one but not the other is just obvious supremacist propaganda.
 
But the admissions should be rigorous and colourblind. It should be pure meritocracy.
The problem here is that these Ivy League universities didn’t expand in size while the country did. So admission levels are single digit percentage of applicants. Every serious, non-diverse applicant already has perfect grades, perfect SATs/ACTs and mastered French, Mandarin and the violin by age 10. Eventually it starts to differentiate by who gets the best letters of recommendation, who donated the most last year, how famous is your father and mother, etc. 60,000 students apply and only about 2,000 get in to Harvard each year per their own site. At that point, meritocracy ceases to exist. In order to have a true meritocracy, the incoming class would have to be like 30,000+ per year.
 
The problem here is that these Ivy League universities didn’t expand in size while the country did. So admission levels are single digit percentage of applicants. Every serious, non-diverse applicant already has perfect grades, perfect SATs/ACTs and mastered French, Mandarin and the violin by age 10. Eventually it starts to differentiate by who gets the best letters of recommendation, who donated the most last year, how famous is your father and mother, etc. 60,000 students apply and only about 2,000 get in to Harvard each year per their own site. At that point, meritocracy ceases to exist. In order to have a true meritocracy, the incoming class would have to be like 30,000+ per year.
And of course that's yet another reason the "mediocre white men" line is utter bullshit. Nobody applying to get in to Harvard with a chance is anything short of stellar. So it's not "mediocre white men," but "vastly superior white men" vs. "minority with the biggest Pokemon collection of oppressed identities regardless of merit."
 
They make it clear what they're trying to do when they capitalize "black" but not "white." Both words serve the exact same grammatical purpose as a loose catch-all for a collection of racial groups with similarly shaded skin (there is no real "white" race nor is there a "black" race). Capitalizing one but not the other is just obvious supremacist propaganda.
They've started to capitalize "White" in some cases when there's some sort of negative connotation.
 
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