What the Supreme Court got wrong about ‘affirmative action’ is everything

(BigGovernment.news) They say the road to hell is paved with good intentions. And sometimes good intentions leave the nation with hell to pay.

Such is the case with federal affirmative action statutes, nearly all of which were upheld 4-3 Thursday by the U.S. Supreme Court.

As reported by The Washington Post, a white female student denied entry into the University of Texas, ostensibly because of her race, filed suit a few years ago challenging the school’s rules that permit it to consider ethnicity of applicants in order to achieve a more “diverse student body.”

After the secession of 11 U.S. states, the death of some 700,000 Americans and a pair of constitutional amendments, any reasonable person free from the convolution of political and ideological bias would have to conclude that we settled the issue of using race to decide who should, and should not, be able to participate equally in our society.

But then came the tumultuous, Leftist-driven 1960s civil rights legislation that transformed us back into a society of selective inclusion – and exclusion – for it was then that “affirmative action” was ensconced into U.S. law.

Granted, at the time there was still a great deal of sanctioned racism – especially in the South but not just there – and many lawmakers felt that it was necessary to address it in a way that would be enforceable. But in the process of passing legislation aimed at thwarting institutional racism, affirmative action essentially reintroduced it, only focusing it on Americans of a different ethnicity, heritage and race.

The Supreme Court had a golden opportunity to – in 2016 – reestablish the constitutional recognition that “all are created equal” and that acting for or against an individual because of the color of his or her skin would no longer be institutionalized.

That didn’t happen. But what did happen is that the court failed to address key realities – namely. that racial preferences and racial biases at institutions like the University of Texas aren’t just preventing whites from being admitted, they are also preventing legitimate racial minorities from being admitted as well.

Like Asian students. As reported by The Daily Signal:

In May, the Asian American Coalition for Education and 130 other Asian-American groups asked the U.S. Department of Education and the Justice Department to investigate Yale University, Brown University, and Dartmouth College for their use of discriminatory admissions policies, which they claim amount to “race-based quotas” that lock out well-qualified Asian-American applicants.

They point to data from the Department of Education showing that Asian-American enrollment at Brown and Yale has been stagnant since 1995 and at Dartmouth since 2004 despite an increase in highly qualified Asian-American students applying to these schools during that time.

It seems that in their zeal to be “diverse,” many universities and employers are going the extra mile to discriminate against students of certain ethnicities. And now the Supreme Court has codified that into law again, regardless of what the Constitution says and federal anti-discrimination laws (which have as their impetus the Constitution’s equality provisions), this discrimination has once again been institutionalized

“I am disappointed that the Supreme Court has ruled that students applying to the Univ. of Texas can be treated differently because of their race or ethnicity. I hope that the nation will one day move beyond affirmative action,” said litigant Abigail Fisher, the white woman denied entry into UT who brought suit against the institution.

“Racial classifications and preferences are one of the most polarizing policies in America today. As long as universities like the Univ. of Texas continue to treat applicants differently by race and ethnicity, the social fabric that holds us together as a nation will be weakened. Today’s decision is a sad step backward for the original, colorblind principles to our civil rights laws,” added Edward Blum, president of the Project on Fair Representation, which supported Fisher.

Both are correct.

The fact is until race is no longer an issue legally in America, then it will continue to be an issue in America – one that divides unnecessarily and one that was supposed to have been decided long ago. If we keep allowing ourselves to be divided by the color of our skin and our ethnicity, then we will remain divided. It’s really that simple.

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