They overturned decades of precedent upholding affirmative action by brandishing the simple logic of an earnest sophomore.
to equal protection cases since then—it has been cited more than 150 times—Roberts suggests that it has a special relationship to. He cites it four times in his opinion. Discriminating against Chinese people in the U.S. was wrong in the 19century, and it is wrong now, he implies, when Harvard discriminates against Asian Americans with affirmative action. But Roberts himself is wrong when he associates the rationale behind affirmative action with the racist logic of anti-Chinese ordinances.
For example, consider redlining, the lending policy created by the Federal Housing Administration that racially segregated the country’s cities by marking certain districts—mostly non-white, predominantly Black—as undesirable and unworthy of financing. “What’s the rationale for this race conscious decision?” I ask. Students can take a moment to respond, but eventually one volunteers that it is the stereotype that Black people aren’t responsible members of a community.
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