WASHINGTON -- The Supreme Court is taking up a challenge Wednesday to a University of Texas program that considers race in some college admissions. The case could produce new limits on affirmative action at universities, or roll it back entirely.
The university says the program that fills roughly a quarter of its incoming classes uses race among many factors and argues that is necessary to provide the kind of diverse educational experience the high court has previously endorsed. The rest of its slots go to students who are admitted based on their class rank, without regard to race.
Opponents of the program say the university is practicing illegal discrimination by considering race at all.
25% of all classrooms are filled not based on performance, not based on SAT scores, not based on extracurricular activities, but based only on the amount of melanin in the potential student's skin. This is entirely, and perfectly contrary to requirements under the law in hiring individuals who graduate college.Justice Elena Kagan is not taking part, probably because she worked on the case at the Justice Department.
It is, also, a direct violation of the Equal Protection Clause under the 14 Amendment of the Constitution.
The fact that such race based preferences still exist in academia is a blatant example of just how bent and fully removed they remain from true and realistic society.The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application.