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June 29, 2023

In a long-awaited major ruling this morning, the Supreme Court struck down the use of race in determining college admissions as an unconstitutional violation of the 14th Amendment's Equal Protection Clause.

There were two cases, one involving the University of North Carolina’s rejection of non-race-based admissions practices and the other challenging Harvard’s “affirmative action” practices that penalize Asian-American students who were disproportionately rejected despite having higher grades than other minorities who were accepted. The SCOTUS votes were 6-3 on the North Carolina case and 6-2 on Harvard, with Justice Ketanji Brown Jackson recusing herself because she’d previously served on Harvard’s Board of Overseers.

Justice Sonya Sotomayor wrote the liberal dissent, claiming that race-based affirmative action admissions had increased educational opportunity and diversity on campus, and had been used only in a “limited way.” She provided no evidence of that. I’ll bet it didn’t feel very limited to all the Asian students rejected by Harvard purely on the basis of their race, despite them have worked so hard to earn superior qualifications to those who were accepted.

Justice Clarence Thomas wrote that “rudderless, race-based preferences designed to ensure a particular racial mix” “fly in the face of our colorblind Constitution and our Nation’s equality ideal…In short, they are plainly—and boldly—unconstitutional. “While I am painfully aware of the social and economic ravages which have befallen my race and all who suffer discrimination, I hold out enduring hope that this country will live up to its principles so clearly enunciated in the Declaration of Independence and the Constitution of the United States: that all men are created equal, are equal citizens, and must be treated equally before the law.”

While I certainly welcome this decision and hope it will help roll back the recent revival of the odious practice of judging people by their skin color, I’m also bracing for the screaming from many so-called liberals, accusing a black Justice for being a racist because he upheld the principle of equal treatment for all races.

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