In a vote of 7-1 on Monday, the Supreme Court sent an affirmative action case, Fisher v. University of Texas, back to the lower court for a re-hearing, while reaffirming the benefits of diversity in institutions of higher learning and authorizing the continued use of race as one factor in admissions. By sending the case back to determine if the University of Texas could find no “available, workable race-neutral” alternatives available to them, Justice Ruth Bader Ginsberg explained the court did not issue a strong enough support for affirmative action. I agree. By virtue of our nation’s not-so-distant history, race simply is a factor that should be considered.
For nearly 250 years, blacks were bought and sold like cattle and carriages on auction blocks across America. When the Atlantic slave trade was outlawed in 1807, the U.S. bred slaves to reinforce the fundamental source of its wealth: free labor. When shackles fell from the wrists and legs of black men, women, and children — and the Reconstruction Era took hold — black families thrived and held public office. Then, for the next 80 years, thousands of white men in the South covered their faces with sheets, burned crosses, lynched 3,445 black men, women, and children, and instituted a web of laws that made it nearly impossible for blacks to vote, attain equal education, or own a home of much worth. At the same time in the North, blacks, Latinos, and Asians were redlined into urban ghettos where access to good housing, competitive education, adequate health care, effective law enforcement, and gainful employment was scarce.
When did this reign of terror against African-Americans end? The Civil Rights Act of 1964 and Voting Rights Act of 1965 outlawed so-called “Jim Crow” laws that had blocked blacks from voting and legally reinforced racial segregation. The acts laid the foundation for legal recourse against all manner of discrimination from that day to present.
Now consider this: We have made only two generations of progress after 17 generations of comprehensive, structural, systematized, and racialized oppression. And the effects of that oppression still haunt us today.