Justice Ketanji Brown Jackson called the Supreme Court's affirmative action ruling 'truly a tragedy for us all,' writes Jordan_S_Rubin.
Among other things, the Barack Obama appointee blasted the majority’s perverse reliance on the landmark school desegregation case of. Roberts' opinion flatly recites, without full context, that the decision requires admitting students"on a racially nondiscriminatory basis." Forced to point out the obvious, Sotomayor reminded readers that Brown “was a race-conscious decision.
For that reason, Sotomayor called the court’s “recharacterization of Brown” not only a “revisionist history” but “an affront to the legendary life” of Justice Thurgood Marshall, the lawyer who led the Brown litigation. He later served on the Supreme Court as its first Black justice, where he promoted race-conscious admissions. Marshall, she wrote, unlike the majority, “was a champion of true equal opportunity, not rhetorical flourishes about colorblindness.
It is no small irony that the judgment the majority hands down today will forestall the end of race-based disparities in this country, making the colorblind world the majority wistfully touts much more difficult to accomplish. The Joe Biden appointee closed her dissent by calling out another perverse part of Roberts’ ruling. That is, despite the majority’s claimed abhorrence of racial considerations, Roberts made clear in a footnote that Thursday’s revolutionary ruling doesn’t bind the nation’s military academies, which weren’t a party to the dispute. The chief justice noted in his opinion “the potentially distinct interests that military academies may present.
She closed her devastating dissent by lamenting that unnecessarily imposing that result “is truly a tragedy for us all.”
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