The Supreme Court has moved in the right direction via a more restrictive use of Affirmative Action.
In a previous decision, (Grutter v. Bollinger), The Supreme Court of the United States, by a vote of 5 to 4, upheld the University of Michigan Law School's use of race as a consideration for admission.
Justice Sandra Day O'Connor, who is often considered the swing vote on Court, voted in favor of affirmative action.
By what criteria is it to be decided on the "Racial Classification" of an individual? Shall one use the 1/16th or less rule in defining racial admixture...or the "no trace whatsoever of any blood other than Caucasian" in establishing ones "whitness" (Va. Code 1924, section 5099(a)(5)), or one "blackness" as any admixture of black blood that made a person black (Moreaau v. Grandich, 114 Miss, 560, 75 So. 434 (1917). Such foolishness!!!
Justice Clarence Thomas, a black conservative, voted against the use of "affirmative action". He stated in his dissent:
In was in response to the civil rights movement, that President John F. Kennedy created a Committee on Equal Employment Opportunity in 1961 and issued Executive Order 10925, which used the term "affirmative action" to refer to measures designed to achieve non-discrimination; and, in 1965, President Johnson issued Executive Order 11246 requiring federal contractors to take "affirmative action" to ensure equality of employment opportunity without regard to race, religion and national origin. "Affirmation Action" has come to mean, in fact, the use of race as a consideration, not only in employment, but in awarding government contracts and admission to Colleges/Universities.
Justice O'Connor stated in her opinion:
While objective measures of aptitude indicate significant differences among racial groups, these racial classifications are artificial and spurious. What matters are individual differences: the basis of all Natural Law. Civil Law based on racial classifications, as reflected in Affirmative Action Policies, are contrary to Natural Law. They undermine the very nature of our competitive system and, as such, are invidious and prevent the development of excellence.
The 13th Amendment to the Constitution was ratified on December 6, 1865; the 14th on July 9, 1868, yet, approximately 140 years later the Supreme Court of the United States uses the law to favor racial minorities which, in the words of Justice Thomas "harm the favoured races"....and "demeans us all."
In 1922 the United States Supreme Court arbitrarily defined the meaning of the word "Caucasian Race"
We are but ONE "Racially" heterogenous Human population....so that....any schematic notion of race in Human populations becomes arbitrary; used solely for the expression of hate, social and cultural exculsivity, and invidious discrimination.
"Affirmative Action" is a sop to racial minorities that undermines the very nature of our competitive system; and will continue so long as the Congress and the Supreme Court considers it's use politically expedient.