Affirmative Action Needed on the Court

Sunday Essay: SCOTUS Reminds Us It Cares Little About Race, and That It Needs Reform ASAP

Hank Kalet Jul 2 ∙ Preview

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. Credit: Fred Schilling, Collection of the Supreme Court of the United States
The “most diverse Supreme Court” in the nation’s history has made it clear that it does not view diversity as a public good, and more significantly that diversity is something that should not be a part of the public discourse.

In its 6-3 decision on Thursday, the court ruled that affirmative action had outlived its need and violated the 14th Amendment’s Equal Protection clause, continuing the conservative legal assault on programs designed to diversity student bodies and work forces and redress the historic discrimination that has created a massive racial wealth gap. This is a program that is only getting started, a program many liberals do not wish to admit exists. The court, a conservative institution for much of our history (conservative meaning slow), has become a radical force, an unaccountable force, a permanent conservative thumb on the scale that has the potential to erase liberal policies with the stroke of a pen.

This isn’t “calling balls and strikes,” as Chief Justice John Roberts described his job during his confirmation hearing. This is not a version of baseball. It is more like professional wrestling, a sport that is rigged from the outset and all about performance.

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