O'Connor saves affirmative action

Fort Worth[less] Startlegram ^ | 6/25/03 | Bob Ray Sanders

[harpu]

The current U.S. Supreme Court, unfortunately stacked with conservative ideologues, for years has been bent on turning back the clock on some of the most fundamental privileges this nation has ever granted, especially to those who historically were disenfranchised and disadvantaged.

Now it seems that on one of the most polarizing issues in modern times, the high court has resisted the call to retreat.

Thank God and Justice Sandra Day O'Connor.

While not advancing the hands on the nation's social timepiece, the narrow majority on the court at least is letting the clock tick at its current pace on that highly divisive and misunderstood remedy for achieving some semblance of equality in higher education.

For the volunteer soldiers in this longtime struggle, that was the most to be expected from a court that, at best, has been indifferent to the cries for social justice and the demands for redress of longstanding systemic racial, ethnic, gender and disability biases.

Some of us had felt that while it was dangerous to try to predict decisions by this nine-headed body, surely it would not forever march us backward toward some of those more shameful days of our democratic republic.

And, we were depending on the court's first female member -- one who certainly must understand the ill effects of discrimination -- to redeem it.

Although she had surprised us on some votes, surely she would rise on the right side of what was undoubtedly the most significant case of this term.

She did not disappoint this time.

O'Connor, a President Ronald Reagan nominee, is usually regarded as the swing vote. She took a mighty swing this historic term by casting the deciding vote to uphold the principle of affirmative action.

Her vote, along with those of Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer, will assure that institutions of higher learning will continue to diversify their campuses by actively recruiting and attracting qualified ethnic minorities.

In affirming the University of Michigan Law School's admission policy, O'Connor wrote, "… We have long recognized that, given the important purpose of public education and the expansive freedoms of speech and thought associated with the university environment, universities occupy a special niche in our constitutional tradition. … Our conclusion that the Law School has a compelling interest in a diverse student body is informed by our view that attaining a diverse student body is at the heart of the Law School's proper institutional mission. …

"These benefits are substantial. As the District Court emphasized, the Law School's admissions policy promotes 'cross-racial understanding,' helps to break down racial stereotypes, and 'enables (students) to better understand persons of different races. . . .'"

Affirmative action remains one of the most misunderstood doctrines around. It is often defined as a misguided means to reward unqualified people with undeserved opportunities in education and in employment.

Those who don't like it and who fight to dismantle it often refer to it -- mistakenly or deliberately -- as a glorified quota system.

Even President Bush, in a statement about the court's decision, spoke of reflecting diversity "without using racial quotas."

The Supreme Court struck down racial quotas 25 years ago, but the term is a rallying cry for those who really don't support affirmative action.

By the way, Bush's father made one of the most blatant "quota" decisions in history when he nominated Clarence Thomas to the Supreme Court to replace the great Thurgood Marshall.

Thomas, certainly not the most qualified candidate of any persuasion at the time of his nomination, remains a most pitiful figure in the giant shadow of Marshall's stature.

To no one's surprise, Thomas voted against the principle of affirmative action and had the audacity to quote Frederick Douglass in doing so.

O'Connor expressed hope that in 25 years there would be no further need for affirmative action.

Many of us expressed that same hope 25 years ago.

Regrettably there are still people in this country who simply reject the idea of diversity.

And there will always be those ready to turn back the clock.

We must not let them -- except for daylight-saving time, of course.

[harpu]

A little note to Bob Ray expressing your feelings about his affirmative action 'musings' would probably make him feel good about his points of view.

[David Isaac]

Opinions are like A-holes, everybody's got one. However, in this case, the similarity is really quite striking.

[Mr. Jeeves]

Regrettably there are still people in this country who simply reject the idea of diversity.

Present.

[cschroe]

Regrettably there are still people in this country who simply reject the idea of diversity.

Present.

I'll second that.

[marlon]

Wow as I was reading this article I kept waiting for the punch line to find that it was tounge-in-cheek sarcasim. Unfortunately it never came.

[VRWCmember]

For those who aren't familiar with his ramblings, you should always post an IDIOT ALERT anytime you post an opinion piece by Bob Ray Sanders.

[hispanarepublicana]

Dear SCOTUS:
Thanks a heap for turning back all the progress my parents and I have been able to make in earning respect and recognition for hard work, qualifications and for making the right or tough choices in life. In effect, you have put an "educated and hired for her ethnicity" tattoo on my forehead, and I will forever have to wonder if I am being nominated to boards and committees, hired for jobs, or accepted into post-college educational programs for my qualifications or for my ethnicity.
Worse yet, everyone else will be wondering or, I fear, ASSUMING the same thing. Thus, I will have to work twice as hard and achieve twice as much as anyone around me who doesn't have this forehead tattoo just to break free of these chains with which you have burdened me.
You might as well have put a "No Mexicans" sign on the "Wants to Make It On Their Own" line, making me stand in the "Can't Compete with WASP Americans" line instead. Thanks for nothing.
HR
(any FReepers who personally know how to get this to a SCOTUS staffer or other appropriate party are certainly welcome to do so)

[joesnuffy]

Thhhhay I always wanitt to be a lawyer...do ya thhhhink I could get in now?

[skeeter]

Thomas, certainly not the most qualified candidate of any persuasion at the time of his nomination, remains a most pitiful figure in the giant shadow of Marshall's stature.

No one makes the nattering leftist ideologues madder than a 'Tom' who jumps the plantation.

The hyenas will never leave this man alone, God bless him.

[LiteKeeper]

INTREP

[the gillman@blacklagoon.com]

...Affirmative action remains one of the most misunderstood doctrines around...

... It is often defined as a misguided means to reward unqualified people with undeserved opportunities in education and in employment...

What's so hard to understand about that? That's exactly what it is.