Discrimination Against Whites Still Legal by Jared Taylor
Supreme Court renders a murky but unsurprising ruling.
The US Supreme Court has handed down what is surely the final decision in the case of Fisher v. University of Texas. It’s official: discrimination in college admissions against white people (and sometimes Asians) is legal. It just can’t be done openly in ways people understand. It must be done in incomprehensible, opaque ways, but we can trust the wise people who run the universities to do it right and to stop doing it when it’s no longer needed.
Samuel Alito wrote a 51-page dissent, in which he roared like a wounded lion, but he was roaring from inside a cage he helped build. In 2013, he was part of the majority that wrote that discrimination is fine, so long as it is dressed up with the right legal mumbo jumbo. All his roaring amounts to nothing more than saying that UT should have used more mumbo and less jumbo.
The case has a sordid history that goes back to 1996. Until then, the University of Texas at Austin–the campus all the cool Texans want to attend–was merrily discriminating against white people as much as it pleased. It got a shock when the Fifth Circuit Court of Appeals ruled in Hopwood v. Texas that racial discrimination had to stop. Then-university president Robert Berdahl predicted this would mean “the virtual resegregation of higher education”–essentially admitting that blacks and Hispanics didn’t have what it takes to be admitted.
Two things saved UT from “resegregation.” The university immediately invented a new, “holistic” way to evaluate applicants, which piously ignored race but gave extra points for growing up without a father, being poor, not speaking English at home, etc. It was a transparent attempt to smuggle race into admissions decisions, but it didn’t work very well; an annoying number of whites were poor and fatherless and therefore got the leg up UT wanted to reserve for non-whites.
In 1997, the year after Hopwood, the state legislature–distressed at the prospect of “resegregation”–smuggled race in legally with its Top Ten Percent Law. This required UT to accept anyone in the top 10 percent of every high school in Texas. This was a cynical way to make the most of something UT and the legislature officially loathe and despise: segregation. There are plenty of public high schools with hardly any whites, so the top 10 percent are the very blacks and Hispanics UT couldn’t admit without racial preferences.