Affirmative Action—Could Justice Alito’s Vote Change the Game?

Ariane de Vogue, Yahoo! News, February 15, 2012

The Supreme Court could decide this week whether to delve into yet another hot-button social issue: affirmative action.

At issue is a lawsuit brought by Abigail Fisher, a white student, who said she was denied admission to the University of Texas because of the color of her skin. If the justices vote to hear the case, it could mean a majority of the court is willing to curtail or further restrict race-conscious admissions policies at public universities.

The court is set to discuss the case in its closed-door conference this week and could announce as early as Friday whether it will add the case to next term’s docket.

“This case presents the court with an opportunity to clarify the boundaries of race preferences in higher education, or even reconsider whether race should be permitted at all under the Constitution’s guarantee of equal protection,” said Edward Blum, the director of the Project on Fair Representation, a nonprofit legal defense foundation that has provided legal counsel for Fisher.


It was only in 2003 that the Supreme Court took up a similar affirmative action case and narrowly upheld the limited use of race as a factor in law school admissions.

Justice Sandra Day O’Connor wrote the 5-4 decision—Grutter v. Bollinger—and held that the government has a compelling interest in diversity in public universities.

“The Equal Protection Clause does not prohibit the [University of Michigan] Law School’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body,” O’Connor wrote in a decision joined by Justices John Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer.

But a lot has changed since then. Most importantly for this case, Justice Samuel Alito has replaced O’Connor on the Supreme Court.

“The addition of Justice Alito to this court adds an element to the case that would not likely have been there with Justice O’Connor. The difference is that Justice Alito has shown himself in other cases to be more skeptical of racial classifications and preferences than did Justice O’Connor,” said Blum.


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  • Anonymous

    “Diversity” and “inclusion” are euphemisms for discriminating against whites. 

  • Anonymous

    When is the high court going to hear a case allowing racial preferences in the NBA?  The lack of “white boys” and Asians in the game is hurting the self esteem of millions around the globe.  

    The EEOC should investigate!

    • asians are generally very short so the NBA wouldn’t do ’em no good.  Neither would Football (their tiny frames) or Boxing.

      Perhaps they should concentrate on taking over our Last White Man Sport, Bowling.

      • Anonymous

        Manny Pacquiao begs to differ about boxing.  Weight classes level the playing field in that sport.  You won’t ever see an Asian fighting for the heavyweight title, but that little Filipino has a certain loud-mouthed ignorant pretty boy hiding out under his title belt.

  • The same Federal judiciary has the self-imposed precedent of using what is called “strict scrutiny” for de jure racial classifications.  Not that they care, but I wonder how strict scrutiny and Grutter v. Bollinger are legally consistent with each other.  The Grutter v. Bollinger decision was essentially five members of SCOTUS at the time prostrating itself to “intermediate scrutiny,” what the courts use for gender classifications.

  • Anonymous

    It is time to acknowledge that less can be expected of blacks and Hispanics, and that their lower performance cannot be blamed on whites. 

    • Ditto!

    • Yes it can.

      Certain White People are to blame for their failures.  It was Some White People who pushed them into Studies and Positions they were never going to be successful at and so their Failure is the Fault of those White People.

      You gently push people to meet their potential and never expect them to go beyond it.

    • Anonymous

      “cannot be blamed on whites”

      I disagree.  If you replaced Whites and Asians with another group of people that have an average IQ of 65, lets call them blue people, Blacks and Hispanics would rule over them.  The blue people would be the underclass.  So, in a way, Whites are to blame for the social status of Blacks and Hispanics. 

      The issue of race and class really has everything to do with intelligence rather than skin color.  A good eugenics program could breed better people of all races.  

      I sometimes catch myself thinking about how much better this world would be if we could breed out all the bad characteristics of the human race.  

      • Anonymous

        At the very least we should stop subsidizing their reproduction with Aid to Families with Dependent Children.  

    • To John Engelman:
       If blacks and hispanics have the same opportunities as whites, also, study hard, then they can do just as well if not better. Next, affirmative action has to go. It was useful for awhile but it’s purpose has come and gone. Time for neutral policy; however,
      all people have to be given a fair chance. Thanks!!

      • If blacks and Hispanics have the same opportunities as whites, blacks and Hispanics will still wind up faring less well in life than whites.  IQ and long-ingrained cultural differences are the reason.

        • To Question Diversity:
          As mentioned in my last statement, everyone has to be given an equal opportunity. The reason why A.A. can about in the first place was because groups of people such as persons of color, women, handicapped, and the poor didn’t have a chance. Thus, this program was created to “level the playing field”. Now, it’s true, this policy’s time
          has run its’ course. But, still, equal chances have to be given to everybody.
                Next, it’s time to end this bizarre fallacy about IQ. I, really, don’t understand the fixation, or as the slang term goes, “The Hype”. IQ test,
          in general, are nothing but shams, hocus pocus, along with scams, put
          on by government appointed western based sociologists, and psychiatrists. They use these test to prove their smart while the common citizen is stupid. Also, the results of these test are utilized to give excuses for simplistic minded authoritarian figures, greedy business execs., plus corrupt gov. officials to commit bloody mayhem while the everyday person takes the brunt . Nothing more nothing less. These tests don’t truly measure an individual’s mental ability or cognitive skills. If a person does well on it, all that’s saying, they figured out the scam. I’ll use myself as a good example, i have an Iq tested at 150. OH BOY!! Does that say i’m a genius, i think not. All it’s
          says, i had the education to answer the questions. Alright, i could go on but it will get long winded. All i’m saying increase your awareness to what really causing the problems and it’s not racial differences. Thanks!!
          P.S. I’m sure you people already have figured out that i’m of the black race. Granted, i’m half German but i dentify as Black. Thanks again!!

          • IQ tests are nothing more than a conspiracy to make government more despotic and to help big corporations run the world.

            You learn something new every day.

            There is no way you can be wrong about that, with your 150 IQ.  You just made a fool of us peons down here in the lower 140s.

          • This is not true at all.

            Affirmative Action always was and still is about nothing but getting rid of White Men and then after they’re gone, to get rid of the White Women and that’s all there is to it.

            Non-Whites, Women, Handi-capped, everybody, contrary to popular belief, was treated fairly UNTIL, the likes Non-White Privilege (AA, etc.) came along.

            IQ – Give us a break please!  Your writing is poor and if you were “150”, I believe you’d make the effortless effort to write properly.

            racial differences – Oh yes there is!  Tons of them!  Blacks have no problem admitting they can run faster or jump higher or don’t wrinkle quite like the White People do but when it comes to Intelligence, well by golly, ‘we’re all the same’ now aren’t we?  It’s baloney and you know it Mr. “150”.

          • Anonymous

            “The reason why A.A. can about in the first place was because groups of
            people such as persons of color, women, handicapped, and the poor didn’t
            have a chance. Thus, this program was created to “level the playing


            Mmmm, no. I was not born with a spoon in my mouth, faarrr from it. I can’t recall ever having had the benefit of being White help me in any way coming up and I sure never had affirmative action “level any playing fields” that were in my way.
            I am where I am today because of who and what I made of myself out of sheer determination to not be left behind by the world.
            No A.A. help here.

      • Anonymous

        I wish that was true, but I do not think it is. I agree that “affirmative action has to go.”

  • Anonymous

    For all his faults, Bush put in 2 fairly conservative Supreme Court justices.

    To the issue at hand.  I have no problem whatsoever with state institutions–whether it be the University of Texas or a small town’s police force–making their own rules about who they do and do not accept.  However, Congress passed the Civil Rights Act in the 60s which, among other things, disallowed states from using race as a hindrance to an individual gaining admission or employment.  And as they say, what’s good for the goose…

    If blacks cannot be told “no” by private employers–despite higher levels of theft and less qualifications than white applicants–than whites cannot be told “no” at state-run universities who have a de facto quota system that favors minorities.

    Still, our republic is in a sad state when the fate of nearly every important economic, social, religious, or immigration issue is decided by 9 unelected Ivy-League graduates.

    • I’ll give him credit for Roberts, but only half credit for Alito.  Remember, if it were up to him, it would have been Harriet Miers in his place, whose main legal qualification was that she got Bush off out of a traffic ticket 25 years ago, or something like that.  Thankfully, Senate Republicans worked up the courage to tell their own President the time of day.

      • Anonymous

        They don’t have to be Ivy League grads. They also can  come from Stanford, even Northwestern in a pinch. Lifetime appointment to that court is one of the big mistakes the founders made. Ask me, 19 years is long enough. By coincidence, I recently visited a relative who lives in Virginia, and ending up eating lunch in the Supreme Court cafeteria the day of the State of the Union address. What a mopey pace inside that building. Honestly, looking at all the portraits and statuary, I’ve never come across a bunch of people who had a higher opinion of themselves.

        Why 19 years instead of an even 20? I think that would deprive those who serve there of a sense of culmination, in fact, deter them from even seeking it.

        Leaving Washington, the thought crossed  my mind that maybe terms should be limited to two,  four, and six days,  and three weeks for the Supreme Court. Those people in Washington, left, right and middle, betray the faith the people put in our institutions by the minute. Including the Supreme Court with its bending of the  constitution to the interests and foibles of the elites. Always.

  • Up to my neck in CA
  • Scary how much power is held by the courts…


      When white people get their own home land here in North America that we have a compelling right to have.

      • Anonymous

        The judicial branch was designed to be kept in check by the Congress but congressional leadership is too cowardly to use its own powers. It seems a term limit amendment concerning the judicial branch is necessary.

  • Black Swan

    They’d better hurry up.  If Obama is reelected, AA will be the law of the land.

  • What confuses me is, how is it justified to Tax The American People to pay for PUBLIC Universities while allowing them to discriminate against White People whom had NEVER committed any acts of  discrimination against anyone?  Huh?

    The Supreme Court, any Branch of anything instantly Loses Credibility and Standing when they Promote, Defend or Make “law” that Defies the Logic of Law, Equality and/or Ethics.

    Everybody squawks about Equality yet they want none of it and we all know why that is.  p.s.  Count sotomyer against us.  she got where she is because of Affirmative Action.  she wants it to remain for her fellow hispanics.

  • It is because White People are Banding that they are now, more concerned than ever about Volunteer Segregation.

    I’m pessimistic many times too but it ain’t over ’til the Fat Lady Sings and yes, she’s clearing her throat right now but she ain’t Sang yet.

    German Philosophy is to be Heeded no doubt but Take Heart, what they tell us is, in many terms, Natural and White People are Listening.

    p.s.  God didn’t make this World, we did.

  • I remember that!  I completely forgot but now that you mentioned it, I remember!  Thank You!

  • Anonymous

    Very well put, Mr Hussein drools at the thought of tipping the court to his side. And if he gets another 4 years…….wow, that will be very bad.

  • Anonymous

    Sandra Day O’Conner’s opinion in  Grutter v. Bollinger basically held the diversity at this time trumped the Equal Protection Clause of the Constitution.  However, she also wrote that it would only be necessary to violate the Equal Prot ection Clause for 20 years or so.

    With Obama’s two very liberal appointees we are likely to see a major trashing of the Constitution.
    Justice Kagen flatly refused to recuse herself on Obamacare despite as Solicitor General under Obama she drafted strategies for the court battle on whether Obamacare passed constitutional

    • o’conner said that because twenty years would be all it takes to get rid of White Men.

      “necessary to violate” – And this is one fine reason why I do not acknowledge the “supreme court”.

  • Anonymous

    Her academic record was mediocre. There were a number of non-White students who had credentials that were stronger than hers.

  • Anonymous

    If you had read many of my posts you would know that “my precious NONwhites” come from the Far East. 
    I have not been able to find confirmation on the internet, but I am confident that Orientals are less likely to be on AFDC than whites. 

    • Anonymous

      I don’t know about Asians use of AFDC in NYC, but they sure do love their Medicaid/EBT cards and WIC checks.  And Louis Vuitton and Gucci bags and UGGS boots. And SSI checks for their elderly who have never paid one dime in taxes.

  • Tell him Anon!

    There’s something very sick about White People telling White People they are not right (whatever word they use) for sticking to their own kind.

    John left us and went instead, to something completely opposite and instead of him being sorry for it, he wants us to accept it and if we don’t, we’re ‘historically misinformed’ and/or hateful people.  I find White People who leave us to be hateful.  They hate us.

  • I agree but I don’t.

    What you say is already happening but I just can’t stop.  I can’t.  I’ve been “ostracized” in some form already.  My sister calls me an “embarrassment” and my other sister tells me “I better be careful” as in, watch what I say or someone might get me and I’ve lost friends too.

    I do Pray for Disasters and I’m glad when it happens in non-white areas as those people really do need to be thinned out.  I mean, they’re starving to death.  Better a quick death than a slow and painful one in my humble opinion.

    neighbors – feel sorry for me.  BOTH my neighbors voted for obama.

    I’m going to watch your video now…

  • Anonymous

    Exactly, and the pampered son of hip-hop multi-millionaire Sean “P. Diddy” Combs gets a full scholarship to play football at UCLA!

  • Anonymous

    We can thank so-called conservative President Reagan for Justice O’Connor.

  • Anonymous

     When you get right down to it, if there is a “compelling interest”, then the state should pay for it. The problem with affirmative action, more than  anything, is that it has always put the burden of paying for it on the backs of private individuals who have no personal responsibility for the situation the state seeks to remedy, always the people who are the most disadvantaged themselves.

  • Anonymous

    Dear Anon ans Ms. Galonska.

    The fact is that White females are the BIGGEST beneficiaries of Affirmative Action

    • The only time and place that’s true is the time period between Labor Day and Election Day of years divisible by four in the United States.  Get my drift?  Or are your talking trees telling you otherwise?

    • Anonymous

      Absolutely not.  Not even close. 

    • I Agree but I disagree more.

      The fact is, non-whites get more Privilege than all White People put together.

    • rentslave

      Unlike the blooches,they have talent.

  • Anonymous

     Nothing for everyone will never fly as a political agenda. As long as your impetus is in the direction of taking away things from other people rather than demanding something for yourself and your cohorts, you will always fail. Get an agenda that demands something concrete for you, and stick to it. Above all, as in the opportunity to start careers and the opportunity to pursue graduate and professional education. And quit worrying about the other guy and what he gets.  

  • MikeofAges

     You just don’t understsand. It’s all so when the university president show visitors around, the campus looks just right. Kind of like a movie set. Sort of works until you want to build a bridge or split atoms.

  • MikeofAges

     Who do these benefits flow to? I suspect, the university president when he (or she) proudly shows visitors around the movie-set like “diverse” campus. Did the fact that I grew up in squalid poverty in a one-parent family make me part of “diversity”. I would say it did, but the problem is, I didn’t look like it. So I became part of the problem instead of part of the solution.

  • According to “The Bell Curve, Intelligence and Class Structure in
    AmericanLife”, by Richard J. Herrnstein, Ph.D. Psychology, Harvard
    University,and Charles Murray, Ph.D. Political Science, M.I.T., black IQ scores
    are so far below white IQ scores in their distribution as to preclude
    useful Affirmative Action Programs.

    The reason? Only 29,000 black Americans
    have IQ levels above 130 points, the minimal level found suitable for most
    executives in business. With 15+ million businesses in America, this leaves fewer
    than one theoretically qualified black American for each 500 businesses to
    serve as executive; however, more than 20,000 of these 29,000 African
    Americansare under 21 years of age and one-half of those precious few 9,000
    AfricanAmericans who are presently above 21 years of age will never earn a
    university undergraduate degree. That leaves just 4,500 black Americans over
    130IQ points with a university degree to share among 15+ million companies.
    Meanwhile, the U.S.
    Government continues to refuse to consider the huge body of evidence concerning
    low comparative black American IQ Levels.  A scan of the famous bell curve from
    the book of that name below illustrates better than one million words the
    desperate position of black Americans and why the vast majority of black
    Americans may never succeed as hoped by our civil rights leaders.Here, is
    the bell curve of IQ distributions between African Americans and European