Thomas: Racial preferences unconstitutional (Thomas dissents)

Atlanta Journal- Constitution ^ | 6.23.03

[mhking]

WASHINGTON -- Supreme Court Justice Clarence Thomas, the only black member of the court and an opponent of affirmative action programs, disagreed with the court's decision Monday to uphold a University of Michigan law school program that seeks to boost minority enrollment.

He agreed with the court's finding that a similar undergraduate program is unconstitutional.

"Because I wish to see all students succeed whatever their color, I share, in some respect, the sympathies of those who sponsor the type of discrimination advanced by the University of Michigan Law School," Thomas said, dissenting, in part, from the 5-4 decision upholding the law school's program.

"The Constitution does not, however, tolerate institutional devotion to the status quo in admissions policies when such devotion ripens into racial discrimination," he said.

In its majority opinion, the high court said the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."

But Thomas disagreed, and accused the law school of maintaining "an exclusionary admissions system that it knows produces racially disproportionate results."

"Racial discrimination is not a permissible solution to the self-inflicted wounds of this elitist admissions policy," he said.

Thomas agreed with the court's 6-3 conclusion that a similar undergraduate program at the University of Michigan is unconstitutional. He said a state's use of racial discrimination in higher education admissions is categorically prohibited by the Equal Protection Clause of the Constitution.

[Black Agnes]

The really sad thing about this type of decision...your daughters will always secretly wonder if they really got into that school because of their abilities...or was it their perceived race. For their peers, they'll have to prove themselves over and over again so as not to be considered 'the token' that couldn't do it w/o the aged white crones on a guilt trip who established the system. As a woman in science I can tell you...it will take a while for their self esteem to sort things out. I wondered for years if I got my degrees because I was 'socially promoted' if you will. I had to prove myself over and above the call of duty when I got into the workplace because my peers assumed that since I was a woman...i'd automatically been 'socially promoted'. I didn't trust my abilities and they didn't trust my degrees. Not a good thing. At all.

Course, your kids have you as a father...:) You know the score on these ballfields. They already have an edge on the competition!

[radiohead]

did you know the dorms at the UMichigan have separate minority lounges??? they have to let anyone use them because it's a state school, but they are designated as 'special' places where minorities can hang out together.

i thought i would pass out when i saw this. there is no justification for a minority lounge. also, when i was an undergrad in the 70s, the school did not observe government holidays. the only holiday observed these days is - you got it - martin luther king day.

i suppose, as a black person, i should be happy. i'm not. it smacks of racism and perpetual victimhood. if someone wanted white lounges there'd be demonstrations in front of the president's house. and yet, is there any difference? why shouldn't white kids get their own lounge? aren't they being discriminated against?

when i went to school, one purpose was to meet people from all backgrounds. nowadays, kids don't mix much and the university condones it by providing separate meeting facilities (yeah, they got that too), lounges, and clubs based on race, not interests.

i worked hard to go to michigan. as did my son. i was in the honors college from my first day. too bad that affirmative action, as currently practiced, makes people think that we were less qualified than other applicants.

[Im Your Huckleberry]

God bless Clarence Thomas!

[farmfriend]

Supreme Court Justice Clarence Thomas

May the Lord heap blessings on this man.

[Gritty]

Game the system.

I know a fellow who is lighter and blonder than I am and whose grandmother was a Cherokee Indian. He still retains tribal rights as well as gets affirmative action preference for his government job, not that he genuinely needs it as he is talented enough as it is.

I think I'll "discover" a grandparent who is also an Indian and go for the Gold, too! Who can dispute me? My grandparents died many years ago so they can't object to the fraud in their name.

I may as well get on the gravy train along with the other charlatans in this country! Why should I be discriminated against because of my inherited skin color? It's unConstitutional!

[Oak]

It boils down to ... Politically correct racism is okay -totally acceptable.

We can use race for our causes... but prohibit its use in most areas.

They're saying we retain the right to use race as a club to beat certain peoples.

[SevenDaysInMay]

BTTT.

[ETERNAL WARMING]

Thankyou Justice Thomas. I was apoplectic today when I heard the SC's decision. Whatever happened to the country I love? Is it hopelessly gone? Seems that way.

[ETERNAL WARMING]

Wasn't it ML King who wanted all people to be judged by the content of their character, not the color of their skin?

The voice of MLK was silenced by more than a gun. Thanks to Jesse Jackson, most of what he stood for has been obliterated, and all by a lie.

[Abcdefg]

"Appearence >> content."

At my job, they swear that perception equals reality. Screw diversity classes.

[El Gato]

Why bother with the suntan, and speaking Spanish? Change your name to Salinas or something and claim your ancestors came from Spain. Plenty of blue eyed blond Hispanics anyway. A long time friend, a Lt. Col. in the Army Reserve, who himself resembles Manuel Nortega, has blond haired blue eyed sisters. They often have the less common surnames though. (His is uncommon even in San Antonio, with "only" 200 phone listings, contrast that with Rodriguez with 8044 listings (only for that varient of the spelling) (As it happens their daugther did go to law school, and then went and married a Gringo :) Which might be considered better than what my daughter did after law school, she went and married a Yankee from New Jersey!) Not many light skinned fair haired Rodriguezes out there, some probably.

Look at Vinciente Fox for example, he does have dark hair, but otherwise doesn't look particularly "Hispanic", although he does look Spanish.

[El Gato]

Manuel Nortega

Whoever that might be. I of course mean Manuel Noriega, aka "The Pineapple", forme drug lord and former President of Panama. Pure accident that the friend looks like him. The friends family have been in Texas since it known as New Spain. :)

[farmfriend]

If choosing by race was wrong before '64 then choosing by race now is wrong as well.

[PoisedWoman]

It is ironic that to be for affirmative action is to be racist, in that you believe blacks cannot make it on their own.

It's even more ironic that affirmative action guarantees that many of us will NEVER consider going to a "minority" doctor or lawyer. Years ago, a great black doctor saved my daughter from horrible surgery...but then along came affirmative action, and now I find it impossible to feel "comfortable," to use the liberal's term, going to a minority "professional," because I have no way of knowning whether he got into med or law school because he was the best and brightest candidate for the slot.

What I know for a FACT now, is that any white kid who manages to get accepted to grad school is absolutely brilliant. Sort of doubly ironic, because before affirmative action came along, it worked the opposite way. Any black doc or attorney was clearly absolutely brilliant, and I was happy to hire them to treat or represent me.

[dogbyte12]

The only issue I have with that is that it's rewarding 'need'. A very socialist thing to do.

I disagree. To me, a kid from a single parent welfare household, in the projects, with grafitti strewn bathrooms, 20 year old text books, a drug dealer on the corner, with metal detectors at all entrances, who pulls 1200 on the SAT is much more impressive than somebody from Beverly Hills High who lives in a mansion, took SAT prep courses, and pulls a 1205.

I see more potential in the kid with the lower score here. I would rather admit that kid into my college, or my business, doesn't matter the race. Could be a white kid in the projects, black kid in Beverly Hills. That is the point. Who did more with what they had? That should be the tie breaker, not what pigment color their skin is. Come to think of it more, I am for preferences on that basis. A lolligaging sob from wealth is not preferable to me to a kid who earned his grades on his own with the odds set against them. The rich kid will be a mediocrity, the poor kid will be an entrepeneur.

[Skywalk]

I find it beyond the point of absurdity that the white elephants of Asians, both Indian and Pacific, and Jews, are standing there trumpeting away while the Balkanization crowd yammers away without distraction by the deafening sound of their own internal inconsistencies and hypocrisy.

Asians were not only discriminated against in this country, in many places hatred of resentment of Asians is the one thing that will unite blacks and whites. Asians were once EXCLUDED from immigration by a targeted act of legislation. They were blamed for opium and corruption and for subversion of the nation.

Yet somehow they have a higher per capita income than WHITES. How did they achieve this, and why is the retort always "model minority myth?"

[Skywalk]

Not only with their be the doubt in the minds of Mike's daughters(though it depends on what scores and grades they do get, of course) but the leftist elites in college do not always control students down to the lowest levels.

Whites and Asians(once again, why are they 'over'represented even compared to white students??) will show a greater propensity to shun black and latino students from study groups, which are often crucial methods of study and collaborative learning and exploration of the material in graduate schools. They will feel like social outcasts, even if they are the most talented in the school.

Even the most well-meaning whites will assume(as they do now in undergrad) that a black man had a leg up due to preferences and will treat them like a "special" kid. I can't think of a worse outcome for race relations than self-doubt in the minds of those being selected for preference, and skepticism by 'over'represented students.

[Black Agnes]

Welfare, the driving force for a lot of the nations broken inner city 'projects' and their associated problems is a socialist solution that broke a lot of good things. Before welfare the inner city black family was by and large stable, married and the kids went to church on Sunday. Welfare (read, socialism) broke this. More socialism (basing goodies on 'need' rather than ability) will not fix this problem. Given the socialist/communist bent of all our colleges i'd rather inner city kids stay out of them. I'd rather they be entrepreneurs. College isn't necessary for entrepreneurs. On the contrary, many 'made it big' entrepreneurs either never attended college or only went a couple years then dropped out.

Repeat after me...

When you reward success, people compete to be successful.

When you reward need, people compete to be needy.

Any kid with the stones to come from such a background as you and still perform as well as you did doesn't need college. Besides, all our white collar and technical jobs are being outsourced to India. They will just end up with a lot of debt and 'would you like fries with that'.

[Age of Reason]

No, no, no.

Don't hide.

Let them TELL YOU you're not a minority.

Then ask why they believe that.

Will they say it's because you can't jump?

Will they say it's because your nose is the wrong shape?

Or because your hair is the wrong texture?

Or because you talk like a white person instead of a black person?

Or because you don't have rhythm?

Make them expose their stereotypes of what a minority is.

Make them expose their own unconcious prejudice.

Make them do it in court--make the news with it.

[Liz]

The brilliance and intellectual acuity of Clarence Thomas places him within the pantheon of our Nation's top judicial thinkers. Thomas would make an outstanding Chief Justice. We need to promote his elevation to the seat.