I just graduated from law school and I’ve read a lot of the cases that led up to this one, as well as other race-related cases. Whatever else someone wants to say about Thomas, the man has been 100 percent consistent in his views, as exemplified by the OP quote. For a long time his views had to appear in dissents, nowadays they, happily, appear in opinions or his own concurrences. It is essentially the view, which I share, that we don’t get past a racist history by permitting some racism and preventing other racism. You want equality, start treating everyone equally, i.e. on merit. KBJ is so desperate to push the idea that surely, SURELY if a black student has bad grades, it’s the system’s fault. Inequality of opportunity does exist and it never won’t, but it is a much more complicated and varied thing than just saying, “but race though!” The federal courts have long required a very, very strict scrutiny of any law or policy that even seems to create different outcomes according to race, and so it should not throw that test away just because it’s “positively” racist instead of negatively racist. You want a nonracist society, you have to start being race-blind. You can’t say that while you wait for society to become nonracist, you’ll accept any racism that Ibram X. Kendi supports. (Indeed, this is the biggest con of SJWism/antiracism: they have to criticize even the possibility of a nonracist society because they fear they wouldn’t make it in a pure meritocracy. Hell, they even criticize the idea of meritocracy itself: not that they say “we don’t currently have a meritocracy” which could be a fair point, but they actually say meritocracy is a bad thing. For which, fuck them!)
I just graduated from law school and I’ve read a lot of the cases that led up to this one, as well as other race-related cases. Whatever else someone wants to say about Thomas, the man has been 100 percent consistent in his views, as exemplified by the OP quote. For a long time his views had to appear in dissents, nowadays they, happily, appear in opinions or his own concurrences. It is essentially the view, which I share, that we don’t get past a racist history by permitting some racism and preventing other racism. You want equality, start treating everyone equally, i.e. on merit. KBJ is so desperate to push the idea that surely, SURELY if a black student has bad grades, it’s the system’s fault. Inequality of opportunity does exist and it never won’t, but it is a much more complicated and varied thing than just saying, “but race though!” The federal courts have long required a very, very strict scrutiny of any law or policy that even seems to create different outcomes according to race, and so it should not throw that test away just because it’s “positively” racist instead of negatively racist. You want a nonracist society, you have to start being race-blind. You can’t say that while you wait for society to become nonracist, you’ll accept any racism that Ibram X. Kendi supports. (Indeed, this is the biggest con of SJWism/antiracism: they have to criticize even the possibility of a nonracist society because they fear they wouldn’t make it in a pure meritocracy. Hell, they even criticize the idea of meritocracy itself: not that they say “we don’t currently have a meritocracy” which could be a fair point, but they actually say meritocracy is a bad thing. For which, fuck them!)