While hearing oral arguments in a Supreme Court case challenging as back-door affirmative action a Texas state policy that grants automatic admission to state colleges to any Texan who finishes in the top ten percent of his or her high school class, Supreme Court Justice Antonin Scalia engaged in the following exchange with one of the lawyers:
SCALIA: There are — there are those who contend that it does not benefit African-Americans to — to get them into the University of Texas where they do not do well, as opposed to having slower-track school where they do well. One of — one of the briefs pointed out that — that most of the — most of the black scientists in this country don’t come from schools like the University of Texas.
GARRE: So this Court —
SCALIA: They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in — in classes that are too — too fast for them.
GARRE: This Court —
SCALIA: I’m just not impressed by the fact that — that the University of Texas may have fewer. Maybe it ought to have fewer. And maybe some — you know, when you take more, the number of blacks, really competent blacks admitted to lesser schools, turns out to be less. And — and I — I don’t think it — it — it stands to reason that it’s a good thing for the University of Texas to admit as many blacks as possible. I just don’t think —
The Curmudgeon may be wrong, but it sounds as if the Supreme Court justice might want to exchange his black robe for a robe of an entirely different color