In the Supreme Court chamber, the subject was race, the mood was somber, the criticism harsh
Associated PressWASHINGTON — Chief Justice John Roberts delivered the Supreme Court ruling striking down race-based admissions in higher education, but it was the three justices who make the court the most diverse in its 233-year history who marked the stark, embittered battle lines over affirmative action. Racialism simply cannot be undone by different or more racialism.” Thursday’s court ruling, he said, “makes clear that, in the future, universities wishing to discriminate based on race in admissions must articulate and justify a compelling and measurable state interest based on concrete evidence. “Justice Thomas offers an ‘originalist defense of the colorblind Constitution,’ but his historical analysis leads to the inevitable conclusion that the Constitution is not, in fact, colorblind.” She later criticized Thomas for using race when it suits him and said his arguments played to racial tropes. “He first renews his argument that the use of race in holistic admissions leads to the ‘inevitable underperformance’ by Black and Latino students at elite universities ‘because they are less academically prepared than the white and Asian students with whom they must compete.’ ” Jackson, who recused herself from the case involving Harvard because she had been an advisory board member there, called the decision “truly a tragedy for us all.” The 6-3 decision had been foretold since before Jackson was elevated to the court in 2022 with twin cases involving Harvard and the University of North Carolina heading for rulings. “But deeming race irrelevant in law does not make it so in life.” She said the court had “detached itself from this country’s actual past and present experiences.” In her footnotes, Jackson said Thomas “demonstrates an obsession with race consciousness that far outstrips my or UNC’s holistic understanding that race can be a factor that affects applicants’ unique life experiences.” She added that the takeaway is that “those who demand that no one think about race refuse to see, much less solve for, the elephant in the room—the race-linked disparities that continue to impede achievement of our great Nation’s full potential.” Although legal barriers are gone, race still matters, she said.