The Supreme Court in a 6-3 decision struck down the last vestige of systemic racism in America by ruling that the policy of racial discrimination in education and other areas was unlawful.
“Eliminating racial discrimination means eliminating all of it,” the ruling in Students for Fair Admissions v Harvard states. While that should have been simple enough, the use of the fight against systemic racism in racial segregation to create a new comprehensive form of racial discrimination has been extremely hard to kill. Racial discrimination was reborn cloaked in rhetoric about diversity and inclusion on campuses that have brought back segregated dorms and graduation ceremonies even while claiming that they have to racially discriminate for diversity’s sake.
The majority views reflect a Supreme Court that has seen affirmative action move from a temporary remedy to a permanent racial institution with no end in sight and one that has become central to a new racial system.
Is affirmative action actually dead?
The Students for Fair Admissions v Harvard decision provides seemingly narrow criteria in which it can still be practiced and it is expected to roll back the more blatant examples of it. But the whole point of Students for Fair Admissions v Harvard was how systemic racism of this kind can be disguised and dressed up.
The Students for Fair Admissions v Harvard still allows universities to get racial information from students and to have students make racial appeals in their admissions. Universities will go on covertly calculating racial mixes and using statistical correlations to achieve the same result.
Affirmative action will go further underground and that’s a good thing. Systemic racism an discrimination should be an illicit matter. If it is practiced, it should go into the darkness and the perpetrators should be ashamed of it.
A final cautionary note before the celebrations start.
The conservative Supreme Court remains fragile. If Biden holds on to the White House, it will become very shaky. And expect the Biden DOJ to refuse to meaningfully enforce the Supreme Court ruling.
We will see a clash between a Supreme Court ruling and the DOJ in further cases before too long.