The word “blind” appears 73 times in the 237-page opinion, in today's Supreme Court decision. It's the justices who can't see.
In her dissent, Justice Sotomayor accuses the majority of imposing on Thursday “a superficial rule of colorblindness as a constitutional principle in an endemically segregated society.” Sotomayor further accuses the majority of using a squinty party trick in overturning decades of prior precedent without admitting to doing so:
The majority opinion does so by turning a blind eye to these truths and overruling decades of precedent, “content for now to disguise” its ruling as an application of “established law and move on.”the six unelected members of today’s majority upend the status quo based on their policy preferences about what race in America should be like, but is not, and their preferences for a veneer of colorblindness in a society where race has always mattered and continues to matter in fact and in law.
In a society where race continues to matter, there is no constitutional requirement that institutions attempting to remedy their legacies of racial exclusion must operate with a blindfold.case—describes the majority of “blinking both history and reality” in their a-historic telling of a colorblind constitution. She lays out, in painstaking detail, what the majority declines or refuses or can’t bother to see:Our country has never been colorblind.
She begins with slaves brought over on ships, citing Thurgood Marshall’s opinion for four of the court’s justices in the original affirmative action case,Three hundred and fifty years ago, the Negro was dragged to this country in chains to be sold into slavery. Uprooted from his homeland and thrust into bondage for forced labor, the slave was deprived of all legal rights.
But what the majority can’t see from the past is almost as significant to what they miss about the present, and the implications for the future. Jackson then lays out the downstream benefits of increasing minority access to higher education in yet more painstaking detail. A fragment:Beyond campus, the diversity that UNC pursues for the betterment of its students and society is not a trendy slogan. It saves lives.
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