Justice Scalia: 14th Amendment for All, Not ‘Only the Blacks’Submitted by bobbyw24 on Wed, 10/16/2013 - 11:42
The Supreme Court appeared eager during oral arguments Tuesday to uphold a Michigan ban on affirmative action, with the justices even considering whether they would need to overrule previous precedents to make sure the state’s color-blind school admissions requirement can remain in place.
“The whole point of equal protection is to take race off the table when everyone is being treated the same,” said John J. Bursch, Michigan’s solicitor general, who defended the state’s constitutional amendment.
JUSTICE SCALIA: “My goodness, I thought we’ve held that the 14th Amendment protects all races,” he said. “I mean, that was the argument in the early years, that it protected only the blacks. But I thought we rejected that.”