ICYMI: Abigail Fisher deserves an ‘F’ for her race-baiting Supreme Court case aimed at boosting subpar white students – Salon.com
2015/12/17 Leave a comment
The latest court case around affirmative action:
Wednesday, the Supreme Court heard arguments in what is easily the most baffling case it’s going to hear this session, yet another attack on affirmative action policies at state universities, in this case the University of Texas at Austin. If ever there was a case that has no business in front of the high court, it is this one. The suit is a nuisance suit, it’s poorly argued, it’s disingenuous, it’s been heard before and, to make everything even more bizarre, the plaintiff’s claim to injury is demonstrably untrue. This is a case that should have been laughed out of court years ago, but instead, this is the second time — second time! — it’s being presented in front of the Supreme Court.
At stake is the claim made by Abigail Fisher, now 25, who hails from a wealthy suburb of Houston called Sugar Land, that she was deprived of her rightful admission at UT Austin because, in her view, some person of color who didn’t deserve it stole it from her.Throughout her now seven-year campaign to make the school pay for not letting her in, Fisher has never been able to produce any evidence that the school tossed her application to make room for a less qualified minority applicant. That’s because, as UT Austin has maintained throughout this ordeal, Fisher was never getting in to their school. Fisher’s GPA and SAT scores weren’t high enough, and she didn’t have enough external accomplishments to convince the school to give her a shot otherwise. As Pro Publica explained at the time:It’s true that the university, for whatever reason, offered provisional admission to some students with lower test scores and grades than Fisher. Five of those students were black or Latino. Forty-two were white.
Neither Fisher nor Blum mentioned those 42 applicants in interviews. Nor did they acknowledge the 168 black and Latino students with grades as good as or better than Fisher’s who were also denied entry into the university that year.
Fisher’s case only makes sense if you assume that people of color are inherently less worthy than white people. How else do you justify an argument that assumes that every white person should have been given a shot before minority students do?
This assumption of the inherent superiority of white people, even above those people of color who have more appealing applications, was reflected in Antonin Scalia’s remarks during today’s case.
Instead of telling her where to shove it, the Supreme Court sent Fisher’s case back to the appeals court. Now she and her lawyers are back again. This time, they’ve tweaked their argument a bit, trying to argue that diversity itself is an illegitimate goal for schools and, to add a bit of extra nastiness sauce to it, they’re claiming that diversity is bad for students of color.
In other words, Fisher and her lawyers are concern-trolling the Supreme Court.
Most of UT Austin’s admissions are on the basis of high school class standing — about 80 percent of its class in the year that Fisher applied. But the other 20 percent are determined in a holistic fashion, by looking at grades, extracurricular activities, test scores, writing samples, the usual stuff. Because of the school’s commitment to diversity, race and class background is also taken into consideration. Someone who shows potential but faced some obstacles gets a closer look than someone who hasn’t had similar obstacles.
When you read about this case, it quickly becomes self-evident why the admissions committee didn’t think Fisher had some hidden potential that wasn’t reflected in her grades. Fisher, however, has decided her unparalleled genius is going unnoticed because of the notorious racism against white people. But since that argument hasn’t gotten her very far, her lawyer, Edward Blum, is now trying a different tactic to argue that schools should admit mediocre white people over talented students of color: His claim is that giving students of color an opportunity somehow hurts them.
