Supreme Court Justice Says Affirmative Action Places Black Students in Universities Too Advanced for Them

Justice Antonin Scalia is being criticized for the racist comment.

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Complex Original

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Remember that time Justice Antonin Scalia said something reactionary and/or bigoted? (JK, they are literally innumerable.) Scalia has found himself in the hot seat yet again for voicing some less-than-savory racist garbage. During the Supreme Court's oral arguments on an affirmative action case on Wednesday, Scalia suggested that the policy was sending minority students to universities and colleges too advanced for them. 

Talking Points Memoreports that Scalia, allegedly referencing an amicus brief written by UCLA law professor Richard Sander, said that there are people who agree affirmative action "does not benefit African-Americans to -- to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less -- a slower-track school where they do well." Here's the oral argument's transcript of what he said, which you can read in full here.

The case, Fisher v. University of Texas-Austin, "is being brought by a white woman who was not accepted by the university and who says its policy to use race as a factor in a pool of the students it accepts is unconstitutional." This is reportedly the second time the woman, Abigail Fisher, has brought the case before the Supreme Court. It reviewed the case back in 2013 but essentially said "lol not my problem" and sent it to a lower court, where in 2014 the court ruled in favor of the University. Fisher, who according to the court transcript has since graduated college, apparently isn't ready to let this thing die. Here's Justice Ruth Bader Ginsburg​ asking the question now on everyone's mind.

Bless the Notorious RBG, voice of reason.

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