Key takeaways:
- Justice Clarence Thomas argued for a “colorblind Constitution” in which the law must apply equally to everyone, regardless of race.
- The decision to end affirmative action has been seen as a sign of a new era for the court’s conservatism.
- The debate over the role of race in the law is likely to continue, with supporters of affirmative action arguing it is necessary to address the legacy of racism and opponents arguing it is unfair to judge people based on their race.
The Supreme Court’s recent decision to end affirmative action in higher education has sparked a debate about the role of race in the law. In his 58-page concurring opinion, Justice Clarence Thomas argued for a “colorblind Constitution” in which the law must apply equally to everyone, regardless of race.
The opinion was met with fierce resistance both inside and outside the court, highlighting the contentious nature of the issue. Thomas argued that all forms of discrimination based on race, including affirmative action, are prohibited under the Constitution. He also argued that the law should take no account of race at all.
The decision to end affirmative action has been seen as a sign of a new era for the court’s conservatism, one in which none of the rights and policies that emerged from the 20th century appear safe. The court also declared a new right to discriminate against gay couples and voided a key provision of the Voting Rights Act.
The debate over the role of race in the law is likely to continue, as both sides of the argument remain passionate about their positions. Supporters of affirmative action argue that it is necessary to address the legacy of racism and ensure that everyone has an equal opportunity to succeed. Opponents argue that it is unfair to judge people based on their race and that the law should be applied equally to everyone.
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