This week’s Supreme Court arguments cast a harsh light on the confused jurisprudence of using race as a factor in college admissions. Forty years of compromises have created a gigantic mess.
Everything you think you know about affirmative action is wrong.
But don’t worry, no one else is clear about it either. The fact is, affirmative action is a mess, and the case the Supreme Court heard this week, Fisher v. University of Texas, put the whole hot mess on vivid display. In fact, the oral argument—which ran overlong and featured numerous outrageous statements, mostly from Justice Scalia—turned out to be the perfect mirror for the court’s jurisprudence on the subject: long, sloppy, and unlikely to get better soon.
Affirmative action, as most of us know it, seems pretty straightforward. The best illustration of it is a cartoon that’s been making the rounds lately of three people—one short, one tall, and one in-between—trying to watch a baseball game from behind the outfield fence. In one frame, labeled “equality,” each stands on a crate. That means the tall person can see clearly, the medium-height one not as well, and the short one is blocked.
In the second frame, labeled “justice,” the tall person’s crate has been given to the short person, who now stands on two. Now everyone can see.