Supreme Court APPROVES Racial Discrimination In College Admissions

by BEN SHAPIRO June 23, 2016

ABIGAIL FISHER  _ U OF TEXAS scotus 2016 supreme

On Thursday, the Supreme Court ruled 4-3 that the University of Texas could continue to discriminate against white students in order to preserve "diversity." University of Texas utilizes two admissions systems. The first allows everyone graduating in the top 10 percent of their high school class admission to UT. The second uses an "academic index" - actual measures of performance - with race-based admissions for everyone else.

Clearly, this second admissions path is discriminatory. It's especially discriminatory when combined with the first path, given that some schools are significantly better than others - it's easier to graduate in the top 10 percent of your high school class in a low achieving school, for example, than it would be in a high achieving school.

But the Supreme Court didn't seem to care. Anthony Kennedy, the swing vote, apparently didn't have his Metamucil the morning he made his decision; our freedoms now live and die at the behest of Kennedy's bowel movements.

The Supreme Court ruled just three years ago, 7-1 in favor of the notion that the University of Texas had to demonstrate that it was using the most narrowly-tailored policy to achieve a compelling government interest. Today, they gave the university the benefit of the doubt, repeating tried-and-true nonsensical arguments about how diversity "promotes cross-racial understanding, helps to break down racial stereotypes, and enables people to better understand persons of different races," then saying that so long as the university used a mushy standard to push it, they'd be fine. In the end, Kennedy says, UT has to ensure more minority students go to school without explicitly admitting minority students on the basis of their race. That, he says, would be unconstitutional.

This is rubbish, and Justice Samuel Alito tore it apart with alacrity in his dissent. Alito pointed out, "The University has still not identified with any degree of specificity the interests that its use of race and ethnicity is supposed to serve." Justice Clarence Thomas, as always, was clearest of all, simply stating that affirmative action violates the equal protection clause of the Constitution.

But no matter. Explicit racial discrimination lives on at our nation's universities, even as campus leftists lecture everyone else about "white privilege."

A version of this piece also appeared on           

Benjamin Shapiro is the editor-in-chief at The Daily Wire. He was born in 1984. He entered UCLA at the age of 16 and graduated summa cum laude and Phi Beta Kappa in June 2004 with a BA in Political Science. He graduated Harvard Law School cum laude in June 2007. Shapiro was hired by Creators Syndicate at age 17 to become the youngest nationally syndicated columnist in the U.S.  His columns are printed in major newspapers and websites including Townhall, ABCNews, WorldNet Daily, Human Events, FrontPage Mag, Family Security Matters, the Riverside Press-Enterprise and the Conservative Chronicle. The author of the national bestsellers, Brainwashed: How Universities Indoctrinate America's Youth (WND Books, May 2004), Porn Generation: How Social Liberalism Is Corrupting Our Future (Regnery, June 2005), and Project President: Bad Hair and Botox on the Road to the White House (Thomas Nelson, 2008),

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