Justice Thomas Contra Racial Preference

I join JUSTICE ALITO’s dissent. As JUSTICE ALITO explains, the Court’s decision today is irreconcilable with strict scrutiny, rests on pernicious assumptions about race, and departs from many of our precedents.

I write separately to reaffirm that “a State’s use of race in higher education admissions decisions is categorically prohibited by the Equal Protection Clause.” Fisher v. University of Tex. at Austin, 570 U. S. ___, ___ (2013) (THOMAS, J., concurring) (slip op., at 1). “The Constitution abhors classifications based on race because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all.” Id., at ___ (slip op., at 2) (internal quotation marks omitted). That constitutional imperative does not change in the face of a “faddish theor[y]” that racial discrimination may produce “educational benefits.” Id., at ___, ___ (slip op., at 5, 13). The Court was wrong to hold otherwise in Grutter v. Bollinger, 539 U. S. 306, 343 (2003). I would overrule Grutter and reverse the Fifth Circuit’s judgment.

—Justice Thomas dissenting in ABIGAIL NOEL FISHER, PETITIONER v. UNIVERSITY OF TEXAS AT AUSTIN, ET AL. [June 23, 2016]

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One comment

  1. “True it is, God has commanded kings to be obeyed; but likewise true it is, that in things which they commit against His glory, He has commanded no obedience, but rather, He has approved, yea, and greatly rewarded, such as have opposed themselves to their ungodly commandments and blind rage.” -John Knox
    Courtesy of The Doctrine of the Lesser Magistrates

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