On Recent SCOTUS Decisions

 I have not yet read the Supreme Court's decision on affirmative action, though I plan to do so.

But I did read about Justice Sotomayer and Justice  Brown Jackson have said in their dissent from the majority. And I agree with them.

Sotomayer

In deciding “that race can no longer be used in a limited way in college admissions,” the court effectively “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter,” Sotomayor wrote.

"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," Sotomayor added. "Because the Court’s opinion is not grounded in law or fact and contravenes the vision of equality embodied in the Fourteenth Amendment, I dissent."

Brown Jackson

In a separate 29-page dissent in the UNC case, Jackson echoed some of Sotomayor's arguments, writing, "Our country has never been colorblind.”

Both justices blasted Justice Clarence Thomas for relying "on unreliable data" to inform his decision to strike down affirmative action, partly based on an assumption that Black and Latino students at elite universities underperform.

In a rather contentious and lengthy footnote from her dissent, Jackson said the Thomas opinion asks American society to continue to ignore "the elephant in the room — the race-linked disparities that continue to impede achievement of our great Nation’s full potential."

Four out of nine justices went to Harvard Law School. Four out of nine went to Yale Law School. One went to Notre Dame (I'll let you guess who that is.)

Do I believe merit should trump all other considerations? In a country with equitable opportunities for all, sure. 

But in the deepest dark of night, most Americans KNOW that is not the case. I have recommended this book, A Hope in the Unseen, before. It is particularly applicable to this issue. It's about a Black boy who is the smartest kid in the worst high school in D. C. and how possibilities unfold for him. 

The Supreme Court said race cannot matter in college applications. From Vox:

For decades, the Court held that schools could consider race as one of many factors in the holistic review of an applicant, a consideration that could help foster diversity on campus.

The majority opinion laid out how it worked. Harvard’s final stage of deciding to admit or reject students is a step called the “lop,” in which four factors are evaluated: whether an applicant is a legacy, meaning an immediate family member went to Harvard; whether they were recruited as an athlete; whether they are eligible for financial aid; and their race.

Race is now unconstitutional to consider, but other preferences remain.

So if some schools want to say all applicants are considered for merit and merit only, we can all know that's just not the case. 

And with today's ruling about a wedding website developer not wanted to take on LGBTQ clients because of religious objections, the Court codifies discrimination by private entities, even against a protected class of people. 

I want to remind you that is EXACTLY what is happening with so-called "school choice." It is NOT a choice for all because private schools can and do discriminate against Special Education students, ELL students, homeless students and LGBTQ students and their families. Public education dollars will go to support discrimination against protected classes of students. 

This is the road we are on and some are very happy about it.