6/28/2016 -
Thomas Sowell Townhall.com
Last week the Supreme Court of the United States voted that President
Obama exceeded his authority when he granted exemptions from the immigration
laws passed by Congress.
But the Supreme Court also exceeded its own authority by granting
the University of Texas an exemption from the Constitution's requirement of
"equal protection of the laws," by voting that racial preferences for
student admissions were legal.
Supreme Court decisions in affirmative action cases are the
longest running fraud since the 1896 decision upholding racial segregation laws
in the Jim Crow South, on grounds that "separate but equal"
facilities were consistent with the Constitution. Everybody knew that those
facilities were separate but by no means equal. Nevertheless, this charade
lasted until 1954.
The Supreme Court's affirmative action cases have now lasted since
1974 when, in the case of "DeFunis v. Odegaard," the Court voted 5 to
4 that this particular case was moot, which spared the justices from having to
vote on its merits.
While the 1896 "separate but equal" decision lasted 58
years, the Supreme Court's affirmative action cases have now had 42 years of
evasion, sophistry and fraud, with no end in sight.
One sign of the erosion of principles over the years is that even
one of the Court's most liberal judicial activists, Justice William O. Douglas,
could not stomach affirmative action in 1974, and voted to condemn it, rather
than declare the issue moot.
But now, in 2016, the supposedly conservative Justice Anthony
Kennedy voted to uphold the University of Texas' racial preferences. Perhaps
the atmosphere inside the Washington Beltway wears down opposition to
affirmative action, much as water can eventually wear down rock and create the
Grand Canyon.
We have heard much this year about the Supreme Court vacancy
created by the death of the great Justice Antonin Scalia -- and rightly so. But
there are two vacancies on the Supreme Court. The other vacancy is Anthony
Kennedy.
The human tragedy, amid all the legal evasions and frauds is that,
while many laws and policies sacrifice some people for the sake of other
people, affirmative action manages to harm blacks, whites, Asians and others,
even if in different ways.
Students who are kept out of a college because other students are
admitted instead, under racial quotas, obviously lose opportunities they would
otherwise have had.
But minority students admitted to institutions whose academic
standards they do not meet are all too often needlessly turned into failures,
even when they have the prerequisites for success in some other institution
whose normal standards they do meet.
When black students who scored at the 90th percentile in math were
admitted to M.I.T., where the other students scored at the 99th percentile, a
significant number of black students failed to graduate there, even though they
could have graduated with honors at most other academic institutions.
We do not have so many students with that kind of ability that we
can afford to sacrifice them on the altar to political correctness.
Such negative consequences of mismatching minority students with
institutions, for the sake of racial body count, have been documented in a
number of studies, most notably "Mismatch," a book by Richard Sander
and Stuart Taylor, Jr., whose sub-title is: "How Affirmative Action Hurts
Students It's Intended to Help, and Why Universities Won't Admit It."
When racial preferences in student admissions in the University of
California system were banned, the number of black and Hispanic students in the
system declined slightly, but the number actually graduating rose
substantially. So did the number graduating with degrees in tough subjects like
math, science and engineering.
But hard facts carry no such weight among politicians as magic
words like "diversity" -- a word repeated endlessly, without one
speck of evidence to back up its sweeping claims of benefits. It too is part of
the Supreme Court fraud, going back to a 1978 decision that seemingly banned
racial quotas -- unless the word "diversity" was used instead of
"quotas."
Seeming to ban racial preferences, while letting them continue
under another name, was clever politically. But the last thing we need in
Washington are nine more politicians, wearing judicial robes.