Monday, June 27, 2016

Something Strange Indeed

Inside Higher Ed
By George A. Nation III
June 27, 2016


In U.S. Supreme Court Justice Anthony M. Kennedy’s 4 to 3 majority opinion in Fisher v. University of Texas, in which he upheld racial preferences in college admissions, he recalls that the court has said that enrolling a diverse student body “promotes cross-racial understanding, helps to break down racial stereotypes and enables students to better understand persons of different races.” Equally important, according to the court’s previous decisions, “student body diversity promotes learning outcomes and better prepares students for an increasingly diverse workforce and society.”

Unfortunately, Justice Kennedy’s decision significantly undermines the very goals the court hopes to achieve. Also unfortunate is that his memory is conveniently selective: he seems to have forgotten much of what he himself wrote in 2013’s Fisher I decision.

That’s a shame, because the country seemed ready to finally put an end to government discrimination on the basis of race and to have it start judging all people on the content of their character rather than the color of their skin, as Martin Luther King Jr. admonished. The court has long suggested racial preferences in admissions were temporary, and in Fisher I, Justice Kennedy set the stage to finally end them. In that opinion, he wrote: “Judicial review must begin from the position that ‘any official action that treats a person differently on account of his race or ethnic origin is inherently suspect.’”


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