December 11, 2015

Scalia: Affirmative Action Sends Blacks To Schools Too Advanced For Them

By Tierney Sneed
December 9, 2015, 12:06 PM EST 93069 views

In the oral arguments Wednesday for a Supreme Court affirmative action case, Justice Antonin Scalia—a well known critic of affirmative action—suggested that the policy was hurting minority students by sending them to schools too academically challenging for them.

Referencing an unidentified amicus brief, Scalia said that there were people who would contend that "it does not benefit African-Americans to -- to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less -- a slower-track school where they do well."

He argued that "most of the black scientists in this country don't come from schools like the University of Texas."

"They come from lesser schools where they do not feel that they're -- that they're being pushed ahead in -- in classes that are too -- too fast for them," Scalia said.

The case, Fisher v. University of Texas-Austin, is being brought by a white woman who was not accepted by the university and who says its policy to use race as a factor in a pool of the students it accepts is unconstitutional.

The case is unique in that the University of Texas accepts three-quarters of its students in a race-blind program (which actually was designed to increase diversity) that automatically accepts Texas high school students who are in the top 10 percent of their class. The other quarter of students are accepted through a qualitative "holistic" review that includes race along with a number of other personal and academic factors.
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