Justice Scalia
New York Times Supreme Court correspondent Adam Liptak (12/9/15) recounted a startling moment in the Court’s oral arguments over the University of Texas’ affirmative action plan:
In a remark that drew muted gasps in the courtroom, Justice Antonin Scalia said that minority students with inferior academic credentials may be better off at “a less advanced school, a slower-track school where they do well.”
“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,” he added.
But part of the reason that the remark drew “muted gasps,” surely, is that that’s not what Scalia said–he didn’t say minority students “with inferior academic credentials” would be better off at worse schools, he said African-Americans in general would. Here’s the whole passage:
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, as opposed to having them go to a less–a slower-track school where they do well. One of the briefs pointed out that most of the black scientists in this country don’t come from schools like the University of Texas…. They come from lesser schools where they do not feel that they’re being pushed ahead in classes that are too fast for them.
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