No State shall deny
to any person within its jurisdiction the equal protection of the laws.
Does that sound familiar? It should. That’s what the
Fourteenth Amendment to the United States Constitution says – verbatim. All
persons in every state in the United States are considered equal under the law.
The laws must therefore protect all persons equally. White, black, yellow or
red doesn’t matter under the plain meaning of the Fourteenth Amendment.
Equal means color blind.
One would think that every Justice sitting on the
United States Supreme Court would know that. It should be a no brainer for
them. No law may apply differently to persons based upon the color of their
skin – their race; period. That is the clear and obvious intent of the Fourteenth
Amendment which was ratified after the Civil War in order to guarantee equality
to all persons regardless of race.
So every SCOTUS justice should, by the mandate of his
or her sworn oath to uphold the Constitution, vote to strike down any state law
which does not protect all persons in the jurisdiction equally, right?
Wrong, say Justices Ruth Bader Ginsburg, Stephen
Breyer, Sonia Sotomayor, and Anthony Kennedy, in a 4 to 3 decision upholding
a Texas affirmative action policy which blatantly takes the race of student
applicants for admission to the University of Texas into account, and thereby
denies equal protection of the law to whites.
When it comes to college admissions all persons are
not necessarily equal they ruled. Equal is not color blind. Blacks are entitled
to racial preferences and that’s OK under the Fourteenth Amendment. In order to
achieve a diverse student body at colleges and universities, Texas' unique
method of singling out some minority students for admission to
its flagship campus in Austin is constitutional.
Never-mind that some white students, like the girl
who brought this case, who was indeed better qualified for admission than the
blacks who were admitted, will be denied equal protection of the law. You see
majorities on the U.S. Supreme Court sometimes just make up the rules as they
please in spite of what the Constitution says.
"Considerable deference is owed to
a university in defining those intangible characteristics, like student body
diversity, that are central to its identity and educational mission,"
Justice Kennedy opined. "But still, it remains an enduring challenge to
our nation's education system to reconcile the pursuit of diversity with the
constitutional promise of equal treatment and dignity."
But… but… the Constitution doesn’t say anything
about the pursuit of diversity of student bodies at universities… nothing! It
plainly says that all persons are entitled to equal protection of the law… that’s
what it says. Tough luck says Kennedy; universities may consider a person’s
race in the admissions process and that doesn’t violate equal protection.
Oh, Nino (Scalia)… where were you when justice needed
you – when a majority on the SCOTUS decided that equal means unequal; equal is
not color blind.