Some versions of the U.S. Supreme Court's have achieved greatness. Others, like the current Court, un-achieve instead.
Roberts, in this blinkered view of individuality, is saying that race in one’s experience is incidental, not controlling. He is speaking from experience: his experience. He is speaking as only a white, entitled, privileged American can speak, a white American to whom raceincidental, in a country where nothing is incidental when you’re not white. Not often, anyway.
There is some idealism in last week's decision. We want to think that judging anyone by their character rather than the color of their skin—or their ethnic origin, their gender, their religious creed, their zip code, their name, their wealth—is who and how we are. We instinctively want to incline to equality in those regards, at least when we deliver speeches before the Rotary or the chamber of commerce.
There’s a discomfort in knowing that anyone would get an advantage not because of innate merit, but because of the luck of birth’s draw. There’s plenty of room for disdaining the condescension and paternalism of what Justice Thomas 20 years ago, before he got his revenge, referred to as the “fashionable catchphrase” of diversity, which can demean the very people it is intended help as much as it can uplift.
But that’s not saying much more than the obvious. We are an imperfect union, founded on an imperfect document still very far from being achieved, even in its numerous imperfections. Affirmative action was one of those correctives as surely as the second founding, and the third, were others.when he decried the lawsuit seeking to end the use of race as a factor at the University of Michigan, his own alma mater.
Affirmative action survived then. That’s the precedent the justices un-achieved in this ignominious ruling.Pierre Tristam is a journalist, writer, editor and lecturer. He is currently the editor and publisher of FlaglerLive.com, a non-profit news site in Florida. A native of Beirut, Lebanon, who became an American citizen in 1986, Pierre is one of the United States' only Arab Americans with a regular current affairs column in a mainstream, metropolitan newspaper.
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