By State Representative, Leon D. Young
It’s been nearly 30 years since the U.S. Supreme Court weighed in (in a landmark case) on the contentious issue of Affirmative Action. True enough, in 2003, the Supreme Court reaffirmed an earlier decision that allowed race to remain a factor in admission standards. But, all of that is about to change or so it would appear.
The High Court has decided to hear an appeal from a White student in Texas who seeks an end to racial preferences in college admissions. This new case (Fisher v. University of Texas) gives the conservative Roberts’ court its first opportunity to rule on the constitutionality of affirmative action in higher education. And, from preliminary indications, affirmative action appears to be on life support.
The court’s willingness to intervene in the instant case should be viewed as an ominous sign for defenders of affirmative action. First, Justice Elena Kagan, the president’s most recent appointment to the High Court, has already announced that she will not take part in the decision. Second, five of the remaining eight justices, are currently on record opposing “racial balancing” policies. They include: Justices Antonin Scalia and his twin Clarence Thomas, in addition to John Roberts, Samuel Alito and Anthony Kennedy. And lastly, there was no reason for the High Court to hear the case, in that, the plaintiff (Abigail Fisher) is scheduled to graduate from college long before the court renders its determination. Thus, Fisher’s case would be moot.
As we have seen recently, in terms, of the discourse that centers on the culture war, a reactionary movement is under foot that has the potential to threaten a woman’s access to health care and reproductive rights. This is the national backdrop in which the new assault on affirmative action seems destined to be waged.
Some will argue and many now contend that 50 years of affirmative action coupled with the election of a Black president has more than more than compensated for 350 years of human bondage, Jim Crow racism and systematic injustice that Black people have had to endure. This contention is indeed preposterous in my view. Behold, I see the specter of another pale horse looming on the horizon that may jeopardize the very progress that we have made in the areas of civil and reproductive rights.