Infinite Affirmative Action?

John Fund, National Review, March 6, 2012

Later this year, the Supreme Court will review the constitutionality of the use of racial preferences in college admissions in the case of Fisher v. University of Texas. The battle lines will once again be drawn over the meaning of the equal-protection provisions of the Constitution. So it’s noteworthy that Attorney General Eric Holder has just made it clear he’s never bumped into a racial preference he didn’t like, and that he sees no time limit on such policies.

Last month, in an appearance at Columbia University, his alma mater, Holder made a jarring statement in support of racial preferences, saying he “can’t actually imagine a time in which the need for more diversity would ever cease.” “Affirmative action has been an issue since segregation practices,” he declared. “The question is not when does it end, but when does it begin. . . . When do people of color truly get the benefits to which they are entitled?”


Justice Sandra Day O’Connor was the deciding vote in allowing racial preferences to continue, but she made it clear that their days should be numbered. She wrote: “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.”

In Eric Holder’s world, that day will never come.

Some say Holder has already been presiding over the most race-absorbed Justice Department in history. Career civil-rights attorneys such as former Voting Rights section chief Christopher Coates have resigned in disgust, citing the administration’s repeated refusal to apply civil-rights laws evenhandedly. In his book Injustice, former Justice Department attorney J. Christian Adams has documented with eyewitness accounts that then-deputy assistant attorney general for civil rights Julie Fernandes told Justice lawyers that the new administration was only interested in “traditional civil rights work,” which to her meant “helping minorities.” As she put it before her appointment: “The law was written to protect black people.” More recently, the Holder administration’s affirmative-action guidelines for colleges and universities, issued in December, are clearly intended to increase the use of race-preferential admissions policies. Could it be that Holder has not yet begun to fight?


Shortly before the passage of the landmark Civil Rights Act of 1964, Urban League executive director Whitney Young called for “a decade of discrimination in favor of Negro youth.” Congress clearly and unequivocally rejected that advice, opting instead for a complete ban on race discrimination in employment and at colleges, universities, and other institutions that accept federal funds. Nevertheless, Young got his way—and more. And more. Before the ink was dry on Title VII of the 1964 Act, the Equal Employment Opportunity Commission was making plans to pressure employers to hire more African-American employees. Within just a few years, colleges and universities were violating Title VI’s prohibition on race discrimination by substantially lowering their academic standards for African-American applicants. Young’s decade of discrimination in favor of African Americans had begun. That “decade” has now stretched into its sixth decade.

Here’s hoping that later this year the Supreme Court repairs its previous mistakes and, following Justice Sandra Day O’Connor’s advice, draws the curtain shut on racial preferences, even if it is a little earlier than her own timetable—which has 16 more years to run.

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  • Hirschibold

    “The question is not when does it end, but when does it
    begin. . . . When do people of color truly get the benefits to which
    they are entitled?”

    So what Mr. Holder is saying here is that they are entitled to privileges due to the color of their skin. Irony meter twitching…peaking…breaking the glass.

    • B

      Blacks who live in white majority nations live like royalty compared to blacks living in black majority nations. They also have a far greater life expectancy when living amongst whites. Blacks already have their priviledges in this country. The question is when are they going to start to contribute to our country instead of being a financial drain on it.

  • IQ and tendency for violence have been found to be genetic so blacks will always need this for equal outcomes.

  • razorrare

    Here’s hoping that later this year the Supreme Court repairs its previous mistakes and, following Justice Sandra Day O’Connor’s advice, draws the curtain shut on racial preferences, even if it is a little earlier than her own timetable—which has 16 more years to run.

    Not holding my breath..

  • Bon, From the Land of Babble

    When do people of color truly get the benefits to which they are entitled?
    To what infinite or eternal “benefits” are blacks entitled?  Welfare checks?  EBT cards?   Free cell phones?  Preferential treatment?  

    Holder is an unmitigated sanctimonious, hypocritical racist.


  • radical7

    Hopefully the court will do the correct thing and maintain Affirmative action. This nation is far too  bigoted and sexist to end the policy.

    • bubo

      Don’t worry, I’m sure the cowardly courts will continue  state sponsored racism against white people ad infinitum.   Europe and America  are without a doubt the least bigoted and sexist places on Earth as evidenced throughout history.  Only a dullard or liar would argue otherwise.  

    •   For the sake of you and your family, I hope so. Something tells me you would amount to little based on your own intellect, determination, and sacrifice. Unfortunately, you will never taste success in the same perspective as I have. I came from a poor family and had to struggle for everything I got/have, NOTHING was given to me. This is true success. I can always sit back with pride knowing I was given absolutely nothing.

    • Oh me oh my, not on the “race is just a social construct” bandwagon, are we?

  • JackKrak

    One hundred and sixty years after the US fought itself and 600,000 (white) men died to end slavery. One hundred and sixty years after blacks achieved (well, were given, anyway) full political and legal equality. Let’s not forget – a black man could vote in America before a white woman could. Fifty years since the 1964 Civil Rights Act & all forms of discrimination – real and imagined – were outlawed and new laws enforced by a giant federal agency fanatically committed to looking under every rock for “racism”. Fifty years since the Voting Rights Act and a giant government apparatus created to monitor every local election for dog catcher to ensure “equal representation” for blacks no matter what, even going so far as to create comically twisted & bizarrely shaped voting districts to guarantee black political victories (based on the correct assumption that blacks will vote for blacks, while even the possibility that whites will vote for whites is the basis for federal intervention and lawsuits). Let’s not forget that both the Civil Rights Act and the Voting Rights Act were both bitterly opposed by the same political party that now routinely receives around 95% of black votes. Fifty years of money-vomiting social programs justified as providing a “safety net” or “paying for themselves” in the long term. Well, welfare and food stamps turned out to be comfortable bed for most recipients. Head Start, after decades and tens of billions of wasted dollars, turned out to be little more than free day care. Fifty years since the government had to create a new term – “Affirmative Action” – as a euphemism to drop any pretense that blacks could compete on a level playing field in a free society and to acknowledge that any advancement they would make in the world had to be simply given to  them. Since then, its application has been intensified and broadened to include every conceivable aspect of social, polital, legal and even cultural life in the United States. A failure to employ, promote or admit blacks in specific mathematic proportions not only makes an employer or school immediately guilty of The Worst Sin in the World, but is the basis for giant financial penalties that can destroy a business.

    Mr. Holder, you and your political fellow travellers have created a world in which blacks have to try very hard to fail but still do, overwhelmingly. How many decades have to pass, how many generations have to fail to make even the most modest progress from those who came before them, how many dollars have to disappear forever before you stop to consider,  even for a moment, that no amount of forced good will and generosity from whites will lift blacks above where they are now? 

    • The_Bobster

      One hundred and sixty years after the US fought itself and 600,000 (white) men died to end slavery.


      Once again, that’s NOT why the war was fought. Very few White men would’ve given their loves for such a cause.

      • JackKrak

        Yes, I know. But without slavery, there’s no Civil War. After the Civil War, there was no slavery. Ergo, as a result of those men dying slavery was ended.

  • Bon, From the Land of Babble

    Young white boys and men have been brainwashed in their schools into believing that they don’t have any rights under the law in this country and seem to be content with it.  
    Come and tell that to the young White men at my son’s high school as they open up rejection after rejection to universities for which they are eminently qualified — while watching non-Whites far below them in class ranking, SAT and AP scores and GPA open acceptance letters with full scholarships to prestigious colleges all over the U.S.


  • Lakeview Senior

    I’m more than a bit surprised that the article on Affirmative Action only received twenty comments but then again, that seems to be the case.  I believe that if you haven’t been a victim of this insidious practice then it doesn’t much interest you.  I was when I worked for a local government agency.  Most white employees were replaced by Blacks and Hispanics.  I should mention again that the white women who remained really went out of their way to hire more of the same minorities and made it known that they were very pro-affirmative action disciples.  They did very well for themselves and were dedicated Left leaning Democrats.  I’m sure that there is much anguish going on from white high school students that have been turned down by colleges and universities because of AA policies but until their parents make it known to their political representatives I don’t see any changes coming down the pike unless the Supreme Court outlaws these AA policies forever.  If only there was an organization like the NRA fighting for it to end then white males might get their civil liberties back.

    Lakeview Senior

  • Bon, From the Land of Babble

    Thanks for the reply.

    Affirmative Action has everything to do with the White kids rejections. What else could it be? We’re talking about admissions, not interviews — admission to universities for non-Whites with GPAs, class ranking and test scores that are verifiably lower than the White kids’ scores.

    Were those Blacks you mentioned rejected for admission in favor of Whites or anyone else with lower GPAs and MCAT scores? Landing an interview does not mean admission.

    I doubt very much Whites with lower GPAs and MCAT scores are being accepted anywhere over blacks with superior test scores and grades. The UCs in California do not honor legacy admissions, BTW.

    But, here’s the difference: You have many well-funded, Black-only political advocacy groups that will be happy to defend you against overt discrimination.

    Affirmative Action, “diversity,” quotas all are being used to exclude and discriminate against Whites and only Whites.

    Any time we try to organize to prevent blatant discrimination and civil rights violations against our people we are called Nazis.


    • ResearchProf

      You have your own preconceived notions and nothing I write will change that. My rejections and those of other students are not racially linked to placement of other students.

      Another thing that people fail to mention is that white women have benefited significantly from affirmative action programs. Affirmative action programs are needed to serve compelling national interests. Obviously I understand this is contrary to AmRen’s goals.

      Good luck Sir.

      • The person to whom you composed this response could spend hours rebuking your “white women are the prime AA beneficiaries” meme just based on her personal experiences alone.

      • Bon, From the Land of Babble

        Meanwhile back on planet earth.

        There is no “White privilege” in university admissions, there’s affirmative action, racial mandates, quotas, “minority special benefits” (grants, loans, race-based scholarships) all of which are mandated, institutionalized and discriminate against Whites.

        How about 50 years of legal, federally enforced racism against Whites?

        Race and racial differences in IQ are real.  It is impossible for statistics to be racist. They are FACTS.  No amount of talking points, verbiage or polarization will change that fact.  We are not all equal and there is no discrimination against blacks.

        I wish people would lower grade scores requirements for White children like they do for minorities.  

        The system has to be massively gamed to admit those of lesser qualifications.

        Affirmative Action serving “compelling national interests?”

        Now you’re being silly.  

        Best of luck to you as well.


  • Up to my neck in CA

    It’s a double standard with blacks. “Dr.” MLK told us to judge black man by the content of their character and not by their skin color. So having a College GPA around 2.2 and still getting a premium job is ok? Sound to me like they want it both ways.