Justice Scalia Said Black Students Belong in Slower-Track Schools

During a hearing of major case about affirmative action, Fisher v. University of Texas, on Wednesday, *Justice Antonin Scalia made a controversial statement regarding black students, saying they would do better in lesser schools.  “There are those who contend that it does not benefit African-Americans to get them into the University of Texas, where they do not do well,” Scalia said, “as opposed to having them go to a less-advanced school … a slower-track school where they do well.”

Report by Paula Antolini
December 11, 2015 2:03PM EDT

JusticeAntoninScalia

Justice Scalia Said Black Students Belong in Slower-Track Schools

During a hearing of major case about affirmative action, Fisher v. University of Texas, on Wednesday, *Justice Antonin Scalia made a controversial statement regarding black students, saying they would do better in lesser schools.  “There are those who contend that it does not benefit African-Americans to get them into the University of Texas, where they do not do well,” Scalia said, “as opposed to having them go to a less-advanced school … a slower-track school where they do well.”

The case concerns the admissions plan the University of Texas (UT) at Austin, about whether or not race should be considered in a school admissions process.  The suit was made by undergraduate Abigail Fisher in 2008, after she had been denied admission to UT, who asked that the Court declare the University’s race-conscious admissions inconsistent with Grutter v. Bollinger, which had in 2003 established that race had an appropriate but limited role in the admissions policies of public universities.

Referring to a brief the court received before oral arguments, Scalia noted “most of the black scientists in this country don’t come from schools like the University of Texas,” and he continued, “They come from lesser schools where they do not feel that … they’re being pushed ahead­­ in classes that are too fast for them.”  

Scalia was discussing this with former U.S. Solicitor General Gregory Garre, who is representing the University of Texas at Austin in a case where the school is defending its consideration of race as one of many factors in its admissions program.

Scalia also said, “I don’t think it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible.”

The U.S. Supreme Court is extremely split on the issue of affirmative action in public universities.  It remains to be seen if it will be legal much longer for race to be allowed as a consideration in college admissions.  A decision could be reached in the Fisher v. University of Texas by the end of June.

*****
*Antonin Gregory Scalia (born March 11, 1936) is an Associate Justice of the Supreme Court of the United States. As the longest-serving justice currently on the Court, Scalia is the Senior Associate Justice. Scalia was ppointed to the Court by President Ronald Reagan in 1986.

*****

View history of case here:
Fisher v. University of Texas (2013), is a United States Supreme Court case concerning the affirmative action admissions policy of the University of Texas at Austin. The Supreme Court voided the lower appellate court’s ruling in favor of the University and remanded the case, holding that the lower court had not applied the standard of strict scrutiny, articulated in Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), to its admissions program. The Court’s ruling in Fisher took Grutter and Bakke as given and did not directly revisit the constitutionality of using race as a factor in college admissions.[1]
The suit, brought by undergraduate Abigail Fisher in 2008, asked that the Court declare the University’s race-conscious admissions inconsistent with Grutter, which had in 2003 established that race had an appropriate but limited role in the admissions policies of public universities. While reasserting that any consideration of race must be “narrowly tailored”, with Fisher the Court did not go on to overrule Grutter, a relief for civil rights groups who feared that the Court would end affirmative action.[2]
The United States District Court heard Fisher v. University of Texas in 2009 and upheld the legality of the University’s admission policy in a summary judgment. The case was appealed to the Fifth Circuit which also ruled in the University’s favor. The Supreme Court agreed on February 21, 2012, to hear the case. Justice Elena Kagan recused herself because she served as the Solicitor General when the Department of Justice filed a friend-of-the-court, or amicus curiae, brief in the Fisher case when it was pending in the U.S. Court of Appeals for the Fifth Circuit. On June 24, 2013, the Fifth Circuit’s decision was vacated, and the case remanded for further consideration in a 7–1 decision, with Justice Ruth Bader Ginsburg dissenting. Justices Antonin Scalia and Clarence Thomas filed concurring opinions.
Applying the Supreme Court’s 2013 decision, the Fifth Circuit once again found for UT Austin in 2014. Fisher again appealed the Fifth Circuit’s decision, and the Supreme Court again agreed to hear her appeal. The case was reargued on December 9, 2015 and is expected to be decided in at the end of the 2015–2016 term.

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