Opinion by Eugene Robinson: Ketanji Brown Jackson asks the right question about affirmative action
That makes no earthly sense. It is a historical fact that race has mattered massively, decisively and tragically in this country since its founding, and in ways that continue to shape the lives of young people today. If the court decides that race is now irrelevant and must be ignored, it negates that history by pretending it does not still resonate.
The fact is that universities have admissions policies that greatly favor wealthy White applicants — “legacies” whose parents attended the school; sons and daughters of major donors; applicants who are good at arcane sports not offered at the high schools most minority students attend. One of the court’s most conservative members noted this reality. If those preferences were ended, Justice Neil M. Gorsuch observed, “We just would have a crummy squash team and no art museum.
The court’s three liberal justices — Jackson, Sonia Sotomayor and Elena Kagan — tried to press home the continuing reality of structural racism. But the conservatives sounded impatient with the idea that any measure of race-consciousness is still necessary. “I don’t know how you can say the program will ever end,” Chief Justice John G. Roberts Jr. told North Carolina Solicitor General Ryan Y. Park, who was defending UNC’s admissions policies. “You’re always going to have to look at race because you say race matters.”ruling that allowed limited use of race as a factor in college admissions but predicted that such preferences would probably not be needed 25 years from then.
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