May 24, 2022

Supreme Court agrees to hear case that could knock down affirmative action

Systemic racism exists. Unfortunately, it’s codified in affirmative action policies — but maybe not for long.

The U.S. Supreme Court announced Monday it was taking on two cases that will answer the question of whether race-based academic admissions practices are constitutional, the Daily Wire reported. Opponents of the practice argue that universities gave preferential treatment to minority students to the detriment of white and Asian students.

Both Harvard University and the University of North Carolina are implicated in the legal battles that will likely begin next term. Plaintiffs claim that their civil rights were violated while proponents of the policies often insist it’s a way to compensate for the racial injustices of the past.

Freedomworks Alex Deise, who is also an attorney, told the Daily Wire that this is a “historic opportunity to eliminate the ability of colleges and universities to explicitly discriminate on the basis of race in their admissions process.” He further predicted it could overturn a previous decision that upheld such practices and would add follow Chief Justice Roberts’ theory that”  ‘[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.'”

Justice Clarence Thomas, one of the six conservatives on the bench, is likely to rule against the practice as well. “I note that racial engineering does in fact have insidious consequences,” Thomas wrote about a different case at the University of Texas. “There can be no doubt that the University’s discrimination injures white and Asian applicants who are denied admission because of their race,” he added.

“But I believe the injury to those admitted under the University’s discriminatory admissions program is even more harmful,” Thomas said. “Blacks and Hispanics admitted to the University as a result of racial discrimination are, on average, far less prepared than their white and Asian classmates,” he added.

It isn’t just higher education that is affected by this bias against Asian students. Fairfax County, Virginia, parents were vindicated after a lawsuit revealed correspondences proving Asian students were being purposely discriminated against in admissions for the elite Thomas Jefferson High School for Science and Technology, The Hill reported.

The racism and discrimination of the past were ugly and morally reprehensible. However, the way to repair the damage is not by imposing more of the same, and the high court will likely agree.

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