mick silver
9th December 2015, 04:45 PM
Justice Scalia Thinks Black Students Belong In 'Slower-Track' Schools He made the comments during a major case about affirmative action at public universities.
Cristian Farias (http://www.huffingtonpost.com/cristian-farias)Legal Affairs Reporter, The Huffington Post
12/09/2015 04:56 pm ET | Updated 1 hour ago
http://img.huffingtonpost.com/asset/scalefit_630_noupscale/566887fb1600002900e5577b.jpeg
M. Spencer Green/Associated Press
WASHINGTON -- Do black students matter to Justice Antonin Scalia?
During oral arguments on Wednesday in Fisher v. University of Texas, a contentious affirmative action case (http://www.huffingtonpost.com/entry/supreme-court-affirmative-action-university_56686835e4b0f290e5217b20?qowm6lxr), the conservative justice seemed to call their abilities into question.
"There are those who contend that it does not benefit African-Americans to get them into the University of Texas, where they do not do well," Scalia said, "as opposed to having them go to a less-advanced school ... a slower-track school where they do well."
Scalia was engaging former U.S. Solicitor General Gregory Garre, who is now representing the University of Texas at Austin as the school defends its ongoing consideration of race as one of many factors in its admissions program.
Pointing to a brief the court received before oral arguments, Scalia noted "most of the black scientists in this country don't come from schools like the University of Texas."
Garre tried to interject, but the justice continued. "They come from lesser schools where they do not feel that ... they're being pushed ahead in classes that are too fast for them," Scalia said.
Again, Garre tried to respond as Scalia added that he was "just not impressed" by arguments that UT Austin suffers from lower minority enrollment. "I don't think it stands to reason that it's a good thing for the University of Texas to admit as many blacks as possible," the justice said.
By then, Garre's time at the podium was almost up, but he closed his rebuttal to the justice by emphasizing the importance of diversity on campus.
"Frankly, I don't think the solution to the problems with student body diversity can be to set up a system in which not only are minorities going to separate schools, they're going to inferior schools," Garre said. "I think what experience shows -- at Texas, California and Michigan -- is that now is not the time and this is not the case to roll back student body diversity in America."
A decision in Fisher v. University of Texas is expected by the end of June.
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10. Johns Hopkins University - Baltimore, Maryland (Tie)
Exterior of Gilman Hall, on the Johns Hopkins University campus in Baltimore, Maryland.
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10. Johns Hopkins University - Baltimore, Maryland (Tie)
Exterior of Gilman Hall, on the Johns Hopkins University campus in Baltimore, Maryland.
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10. California Institute of Technology - Pasadena, California (Tie)
A student walks through an arched walkway on the California Institute of Technology campus
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9. University of Pennsylvania - Philadelphia, Pennsylvania
Ben Franklin statue on the University of Pennsylvania campus.
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8. Duke University - Durham, North Carolina
Duke University Chapel at night with clouds overhead.
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7. Massachusetts Institute Of Technology - Cambridge, Massachusetts
MIT's campus in Cambridge, Massachusetts.
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4. University of Chicago - Chicago, Illinois (Tie)
Saieh Hall for Economics on the campus of the University of Chicago.
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4. Stanford University - Palo Alto, California (Tie)
Stanford University's campus in Palo Alto.
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4. Columbia University - New York, New York (Tie)
The Low Memorial Library on the campus of Columbia University.
Sean Pavone/Shutterstock
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3. Yale University - New Haven, Connecticut
Yale University's campus in the evening.
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2. Harvard University - Cambridge, Massachusetts
Harvard University at night.
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1. Princeton University - Princeton, New Jersey
A couple walks past Nassau Hall on the Princeton campus in Princeton, N.J.
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MORE: Antonin Scalia (http://www.huffingtonpost.com/news/antonin-scalia), Supreme Court (http://www.huffingtonpost.com/news/supreme-court), Law (http://www.huffingtonpost.com/news/law), Affirmative Action (http://www.huffingtonpost.com/news/affirmative-action), Scotus (http://www.huffingtonpost.com/news/scotus), 14th Amendment (http://www.huffingtonpost.com/news/14th-amendment), Equal Protection (http://www.huffingtonpost.com/news/equal-protection), Black Lives Matter (http://www.huffingtonpost.com/news/black-lives-matter), Racism (http://www.huffingtonpost.com/news/racism), Ut-austin (http://www.huffingtonpost.com/news/ut-austin), Gregory Garre (http://www.huffingtonpost.com/news/gregory-garre)
Cristian Farias (http://www.huffingtonpost.com/cristian-farias)Legal Affairs Reporter, The Huffington Post
12/09/2015 04:56 pm ET | Updated 1 hour ago
http://img.huffingtonpost.com/asset/scalefit_630_noupscale/566887fb1600002900e5577b.jpeg
M. Spencer Green/Associated Press
WASHINGTON -- Do black students matter to Justice Antonin Scalia?
During oral arguments on Wednesday in Fisher v. University of Texas, a contentious affirmative action case (http://www.huffingtonpost.com/entry/supreme-court-affirmative-action-university_56686835e4b0f290e5217b20?qowm6lxr), the conservative justice seemed to call their abilities into question.
"There are those who contend that it does not benefit African-Americans to get them into the University of Texas, where they do not do well," Scalia said, "as opposed to having them go to a less-advanced school ... a slower-track school where they do well."
Scalia was engaging former U.S. Solicitor General Gregory Garre, who is now representing the University of Texas at Austin as the school defends its ongoing consideration of race as one of many factors in its admissions program.
Pointing to a brief the court received before oral arguments, Scalia noted "most of the black scientists in this country don't come from schools like the University of Texas."
Garre tried to interject, but the justice continued. "They come from lesser schools where they do not feel that ... they're being pushed ahead in classes that are too fast for them," Scalia said.
Again, Garre tried to respond as Scalia added that he was "just not impressed" by arguments that UT Austin suffers from lower minority enrollment. "I don't think it stands to reason that it's a good thing for the University of Texas to admit as many blacks as possible," the justice said.
By then, Garre's time at the podium was almost up, but he closed his rebuttal to the justice by emphasizing the importance of diversity on campus.
"Frankly, I don't think the solution to the problems with student body diversity can be to set up a system in which not only are minorities going to separate schools, they're going to inferior schools," Garre said. "I think what experience shows -- at Texas, California and Michigan -- is that now is not the time and this is not the case to roll back student body diversity in America."
A decision in Fisher v. University of Texas is expected by the end of June.
Also on HuffPost:
The Best U.S. Colleges 2016
The Best U.S. Colleges 2016
Share
1
of
11
10. Johns Hopkins University - Baltimore, Maryland (Tie)
Exterior of Gilman Hall, on the Johns Hopkins University campus in Baltimore, Maryland.
Share this slide:
http://img.huffingtonpost.com/asset/scalefit_550_400_noupscale/55f090a21700009a01569c62.jpeg
John Greim/LightRocket via Getty Images
10. Johns Hopkins University - Baltimore, Maryland (Tie)
Exterior of Gilman Hall, on the Johns Hopkins University campus in Baltimore, Maryland.
John Greim/LightRocket via Getty Images
image
10. California Institute of Technology - Pasadena, California (Tie)
A student walks through an arched walkway on the California Institute of Technology campus
Damian Dovarganes/Associated Press
image
9. University of Pennsylvania - Philadelphia, Pennsylvania
Ben Franklin statue on the University of Pennsylvania campus.
John Greim/Getty Images
image
8. Duke University - Durham, North Carolina
Duke University Chapel at night with clouds overhead.
Getty Images
image
7. Massachusetts Institute Of Technology - Cambridge, Massachusetts
MIT's campus in Cambridge, Massachusetts.
Marcio Jose Bastos Silva/Shutterstock
image
4. University of Chicago - Chicago, Illinois (Tie)
Saieh Hall for Economics on the campus of the University of Chicago.
Bruce Leighty/Getty Images
image
4. Stanford University - Palo Alto, California (Tie)
Stanford University's campus in Palo Alto.
Shutterstock
image
4. Columbia University - New York, New York (Tie)
The Low Memorial Library on the campus of Columbia University.
Sean Pavone/Shutterstock
image
3. Yale University - New Haven, Connecticut
Yale University's campus in the evening.
Natalia Bratslavsky/Getty Images
image
2. Harvard University - Cambridge, Massachusetts
Harvard University at night.
Shutterstock
image
1. Princeton University - Princeton, New Jersey
A couple walks past Nassau Hall on the Princeton campus in Princeton, N.J.
Credit: Associated Press
image
MORE: Antonin Scalia (http://www.huffingtonpost.com/news/antonin-scalia), Supreme Court (http://www.huffingtonpost.com/news/supreme-court), Law (http://www.huffingtonpost.com/news/law), Affirmative Action (http://www.huffingtonpost.com/news/affirmative-action), Scotus (http://www.huffingtonpost.com/news/scotus), 14th Amendment (http://www.huffingtonpost.com/news/14th-amendment), Equal Protection (http://www.huffingtonpost.com/news/equal-protection), Black Lives Matter (http://www.huffingtonpost.com/news/black-lives-matter), Racism (http://www.huffingtonpost.com/news/racism), Ut-austin (http://www.huffingtonpost.com/news/ut-austin), Gregory Garre (http://www.huffingtonpost.com/news/gregory-garre)