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SCOTUS Justice Clarence Thomas Takes Justice Ketanji Jackson to Woodshed in Affirmative Action Opinion

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US Supreme Court Justice Clarence Thomas put freshman Justice Ketanji Brown Jackson through the wringer in his opinion explaining why her arguments in favor of race-based college admissions were unconstitutional.

The high court released its opinions Thursday after a 6-3 vote deciding the race-based admission policies at the University of North Carolina and Harvard College violated the Constitution.

In his opinion concurring with Justice John Roberts’ majority opinion, Thomas took offense to Jackson’s claims that slavery has kept black Americans in a state of perpetual poverty and inferiority.

This, she claims, locks blacks into a seemingly perpetual inferior caste. Such a view is irrational; it is an insult to individual achievement and cancerous to young minds seeking to push through barriers, rather than consign themselves to permanent victimhood.

Justice Thomas, who has previously voted against affirmative action, went on to bash Jackson’s “race-infused world view,” saying it blames everything that happens to a person on race, rather than the merit of their character, pointing out, “A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism.”

Accordingly, JUSTICE JACKSON’s race-infused world view falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments. What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything—good or bad—that happens in their lives. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism.

Justice Thomas, who was appointed to the high court based on his academic achievements, not skin color, concluded by saying he recognized the “social and economic ravages” that black Americans have faced, but cited the nation’s founding documents which state “that all men are created equal, are equal citizens, and must be treated equally before the law.”

Justice Thomas’ full deconstruction of Jackson’s arguments starts at page 97 of 237 in the pdf at the following link: HERE.

Meanwhile, in her dissenting opinion, Jackson – who was confirmed to the Court last April as a possible affirmative action hire – wrote the ruling would not impose “colorblindness for all” as it contends to do, but rather would make race relations worse.

With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces “colorblindness for all” by legal fiat. But deeming race irrelevant in law does not make it so in life. And having so detached itself from this country’s actual past and present experiences, the Court has now been lured into interfering with the crucial work that UNC and other institutions of higher learning are doing to solve America’s real-world problems.

No one benefits from ignorance. Although formal racelinked legal barriers are gone, race still matters to the lived experiences of all Americans in innumerable ways, and today’s ruling makes things worse, not better. The best that can be said of the majority’s perspective is that it proceeds (ostrich-like) from the hope that preventing consideration of race will end racism. But if that is its motivation, the majority proceeds in vain. If the colleges of this country are required to ignore a thing that matters, it will not just go away. It will take longer for racism to leave us. And, ultimately, ignoring race just makes it matter more.

The only way out of this morass—for all of us—is to stare at racial disparity unblinkingly, and then do what evidence and experts tell us is required to level the playing field and march forward together, collectively striving to achieve true equality for all Americans. It is no small irony that the judgment the majority hands down today will forestall the end of race-based disparities in this country, making the colorblind world the majority wistfully touts much more difficult to accomplish.

It’s certainly refreshing to see SCOTUS refer to the Constitution to guide the country towards the path to foster equal rights for all.

Read the Court’s full opinion below:


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