Well, I can’t resist using this journal as a soap box for a moment or two tonight to voice my dissatisfaction at the Supreme Court in regard to a recent decision of theirs. I’m talking about their ruling that state universities could continue to use Affirmative Action-based racial discrimination schemes in their admissions processes.
First let me briefly describe the ruling in case anyone reading happens not to be in “the knowâ€. Well, the case that they ruled on was brought from the University of Michigan. There were actually 2 separate cases, but they were both about affirmative action, and they both were approximately the same. The court ended up declaring that affirmative action could be used in a university’s admissions process so long as it is done so qualitatively and not quantitatively. In other words, you can’t give someone 10 extra points for being an underrepresented minority, but you can give them an advantage. The ruling was a 5-4 split.
There are so many reasons that I could talk about why I find this ruling so absurd, that it’s almost difficult to decide where to begin, but let’s begin where it’s easiest. Let’s first consider exactly what it is that the Supreme Court is supposed to do and whether or not they succeeded here.
Put as simply as possible, the purpose of the Supreme Court is to decide if certain things are unconstitutional. In other words, people bring them cases, and if the ruling conflicts with the Constitution, then the Supreme Court reverses it. If the ruling does not conflict with the Constitution, then it upholds the ruling. Pretty simple, right?
You’d think so. I mean, I think so. For instance, imagine that there is a district judge in Hoboken, NJ who decides that a guy can’t hang a sign on his house that says “I love to sleep in the nude!†Well, if this case were to be appealed to the Supreme Court, they would cite the 1st Amendment to the Constitution and say that this ruling must be reversed because it conflicts with this man’s right to free speech. Simple enough, right?
Okay, so let’s take the situation with Affirmative Action. Affirmative Action, by definition, is a program which discriminates by race in order to increase the number of underrepresented minorities who are accepted into a university. This is not a definition which would be questioned, as everyone will agree that this is exactly how the program is defined.
Now, does that conflict with the constitution? Well, the 15th Amendment (and maybe even the 14th Amendment) might have something to say about this. In particular, the 15th Amendment has been interpreted to say that the government cannot discriminate by race. At the time, it was specifically talking about the right to vote, but since has been much more broadly interpreted.
Let’s see where this puts us: Affirmative Action discriminates by race; the 15th Amendment says that you can’t discriminate by race; thus, Affirmative Action conflicts with the Constitution. As a result, the ruling must be to ban Affirmative Action at public universities. Seems pretty straightforward, doesn’t it?
And yet, a majority of Supreme Court Justices got it wrong. It truly boggles the mind. While you could easily blame any of the 5 Justices who voted in favor of Affirmative Action, I really blame Sandra Day O’Connor more than any of the others. Sandra Day O’Connor is quite possibly the dumbest person ever to serve on the Supreme Court in the history of the United States. Any bad decision that was won by one vote, you can usually blame on her. I would assert that she was Ronald Regan’s single biggest mistake when he was president. She wrote the opinion for Grutter v. Bollinger, the case that I have been speaking about in this entry.
Do you know where O’Connor’s opinion begins? A previous case involving affirmative action at Harvard, where the Court decided it was okay. Now that might be fine, except for the fact that HARVARD IS NOT A STATE SCHOOL! The whole point is that the government, who happens to be in charge of state schools like Michigan, cannot discriminate on race. A case involving Harvard, or any other private university in the world, has absolutely no bearing on this case. Once again, O’Connor has shown her infinite stupidity.
The majority’s nonsense goes on, but it’s all rubbish. If you want to see some good, logical, thoughtful writing, I urge you to read the dissents by Justices Thomas and Scalia. They are, without doubt or question, the two most intelligent Justices on the Court.
Scalia’s dissent, in particular, I love because it’s short and brilliant. In about 1/8th of the time it took the Majority Opinion to explain their argument, he dismantles it. He also has a really fun, sardonic writing style. It’s a good read. And his final sentence is one which echoes everything I have said in this entry: “The Constitution proscribes government discrimination on the basis of race, and state-provided education is no exception.â€
Thomas’ dissent is also spectacular. His is quite a bit longer than Scalia’s, because he takes a slower path, wherein he carefully destroys each of the majority’s arguments. It also has a wonderful rhetorical quality. My favorite part of his opinion is a quotation that he uses from something Frederick Douglas once said. It goes like this.
“Frederick Douglas, speaking to a group of abolitionists almost 140 years ago, delivered a message lost on today’s majority:
In regard to the colored people, there is always more
that is benevolent, I perceive, than just, manifested
towards us. What I ask for the Negro is not
benevolence, not pity, not sympathy, but simple
justice. The American people have always been anxious
to know what they shall do with us . . . I had but one
answer from the beginning. Do nothing with us! Your
doing with us has already played the mischief with us.
Do nothing with us! If the apples will not remain on
the tree of their own strength, if they are worm-eaten
at the core, if they are early ripe and disposed to
fall, let them fall! . . . And if the Negro cannot
stand on his own legs, let him fall also. All I ask
is, give him a chance to stand on his own legs! Let
him alone! . . . [Y]our interference is doing him
positive injury.â€
Pretty interesting, don’t you think? One of the most brilliant and renowned black figures in American History who was instrumental in the process of eventual equality for blacks would think Affirmative Action is a horrible idea. How could you argue with that?
I could go on and on about Affirmative Action and how much I hate it all night, but I won’t. There are so many just totally clinching arguments against it, that it’s almost pointless, and you probably already know them. How do you end discrimination with more discrimination? It’s just such a fallacious idea that it defies reason that people believe it could possibly be a good idea. But then again, I guess many things in life defy reason, especially in politics. I’d like to say that I believe one day it will all be better, and that irrational ideas will become almost nonexistent, but in all honesty, I fear exactly the opposite.