He implied affirmative action puts minority students in elite universities that are too challenging for them.
As Supreme Court Justice Antonin Scalia’s retirement does not seem imminent, a University of Wisconsin-Madison research assistant is hoping for his death.
Farr’s post accompanies a Salon article that slams Fisher for “race-baiting” and trying to boost “subpar white students”. “It is an outrage that our Supreme Court harbors such ideas”.
Also, because of this, Butterfield wrote, Scalia should “recuse himself from the case” and the Judicial Conference of the United States should consider removing him from the court’s bench.
During the oral arguments over race-based student admissions policies, Scalia said “there are those who contend that it does not benefit African Americans”, and some minorities might be better suited to “less advanced” or “slower track” schools. Affirmative action is one tool that’s useful in achieving that diversity.
After Texas instituted its Top 10 Percent rule in 1997, which guaranteed admission to public universities in Texas to the top 10 percent of each graduating high school class in the state, graduation rates increased, despite lower preparedness among University of Texas students.
The Supreme Court arguments in the Fisher affirmative action case were contentious on Wednesday, and as anticipated, Justice Anthony Kennedy will likely be the deciding vote in a potential landmark decision.
But Gail Heriot, a law professor at the University of San Diego and a proponent of the “mismatch” theory, said the criticism of Scalia was unfair and unfounded. Currently, he claims,”they’re being pushed into schools that are too advanced for them”. The University of Texas, like countless other schools around the country, is already extremely restricted in what it can to counteract those effects. “We would have more black scientists, engineers and physicians if colleges used race-neutral policies”, said Heriot, who is a member of the U.S. Commission on Civil Rights.
Scalia was questioning the attorney for the University of Texas, which is defending its use of race as a factor in admissions in the case before the court.