Justices Sotomayor and Jackson (in dissents, at page 68, as one example) have the better of the arguments. That much is certain.
And yes, this is indeed a disappointing bit of unhinged activism — by the increasingly radical conservative wing, untethered from real world, lived experiences of people of color.
But it is silly to think it changes… much. As the Sotomayor dissent makes plain below, colleges have a myriad of other, still plainly lawful tools — to make sure that people of limited means, and diverse backgrounds are seated at the nation’s most coveted institutions of higher learning.
In short, life will go on. And the frothy hard right will be unable to do much of anything about it. The arc of the moral universe… will still bend toward… progress, for peoples descended from those enslaved by those who now (at least in some measure) will seek, and fill the seats that might previously have been available to a person whose own great grand-parents fought their way out of bondage. Yes, life will go on. Here’s the opinion, and the dissent:
…At its core, today’s decision exacerbates segregation and diminishes the inclusivity of our Nation’s institutions in service of superficial neutrality that promotes indifference to inequality and ignores the reality of race….
Notwithstanding this Court’s actions, however, society’s progress toward equality cannot be permanently halted. Diversity is now a fundamental American value, housed in our varied and multicultural American community that only continues to grow. The pursuit of racial diversity will go on. Although the Court has stripped out almost all uses of race in college admissions, universities can and should continue to use all available tools to meet society’s needs for diversity in education. Despite the Court’s unjustified exercise of power, the opinion today will serve only to highlight the Court’s own impotence in the face of an America whose cries for equality resound. As has been the case before in the history of American democracy, “the arc of the moral universe” will bend toward racial justice despite the Court’s efforts today to impede its progress. Martin Luther King “Our God is Marching On!” Speech (Mar. 25, 1965)….
[And, Justice Jackson:] Do not miss the point that ensuring a diverse student body in higher education helps everyone, not just those who, due to their race, have directly inherited distinct disadvantages with respect to their health, wealth, and well-being. Amici explain that students of every race will come to have a greater appreciation and understanding of civic virtue, democratic values, and our country’s commitment to equality. The larger economy benefits, too: When it comes down to the brass tacks of dollars and cents, ensuring diversity will, if permitted to work, help save hundreds of billions of dollars annually (by conservative estimates)….
Somehow this dark gray (wildfire driven) hazy sky — not luminous at all, but solely. . . stultifying, seems an apropos set-backdrop — on a morning where the largely lily whyte radical right wing of the court… told kids who struggle against odds the court’s own lilly whyte nephews and nieces never even have to witness, let alone endure. . . that “we six find your experiences not worthy of consideration, at all”. The six dismissed them, out of hand. Damn. But yet and still… they will… rise.
Onward. Ever, onward.
नमस्ते
He writes — regarding the coming 2024 national elections — “the federal courts will likely be an issue that helps Democrats rather than Republicans….”
