Its because of stupid, illogical and moronic arguments like this.
MR. GARRE: If you look at the admissions data that we cite on page 34 of our brief, it shows the breakdown of applicants under the holistic plan and the percentage plan. And I don’t think it’s been seriously disputed in this case to this point that, although the percentage plan certainly helps with minority admissions, by and large, the — the minorities who are admitted tend to come from segregated, racially-identifiable schools.
JUSTICE ALITO: Well, I thought that the whole purpose of affirmative action was to help students who come from underprivileged backgrounds, but you make a very different argument that I don’t think I’ve ever seen before. The top 10 percent plan admits lots of African Americans — lots of Hispanics and a fair number of African Americans. But you say, well, it’s — it’s faulty, because it doesn’t admit enough African Americans and Hispanics who come from privileged backgrounds. And you specifically have the example of the child of successful professionals in Dallas.
Now, that’s your argument? If you have -you have an applicant whose parents are — let’s say they’re — one of them is a partner in your law firm in Texas, another one is a part — is another corporate lawyer. They have income that puts them in the top 1 percent of earners in the country, and they have -parents both have graduate degrees. They deserve a leg-up against, let’s say, an Asian or a white applicant whose parents are absolutely average in terms of education and income?
MR. GARRE: No, Your Honor. And let me -let me answer the question.First of all, the example comes almost word for word from the Harvard plan that this Court approved in Grutter and that Justice Powell held out in Bakke.
JUSTICE ALITO: Well, how can the answer to that question be no, because being an African American or being a Hispanic is a plus factor.
MR. GARRE: Because, Your Honor, our point is, is that we want minorities from different backgrounds. We go out of our way to recruit minorities from disadvantaged backgrounds.
JUSTICE KENNEDY: So what you’re saying is that what counts is race above all.
MR. GARRE: No, Your Honor, what counts is different experiences
JUSTICE KENNEDY: Well, that’s the necessary — that’s the necessary response to Justice Alito’s question.
MR. GARRE: Well, Your Honor, what we want is different experiences that are going to — that are going to come on campus -JUSTICE
KENNEDY: You want underprivileged of a certain race and privileged of a certain race. So that’s race.
Here is the background to this story.
Fisher had made good grades in high school - a 3.59 average on a 4.0 scale - posted a score of 1180 on the SAT test and finished as number 82 in a graduating class of 674 at Stephen F. Austin High School in Sugar Land. She figured that was good enough. Then came those dreadful words: "We regret to inform you ..."
Fisher was heartbroken. Her dad went to Texas, and her sister. She bled burnt orange. "I had dreamt of going to UT since the second grade," she said.
This week Fisher may get a little payback. On Wednesday the U.S. Supreme Court will hear oral arguments in the lawsuit she brought against the school that challenges an admissions policy that openly allows for the use of racial preferences. If she's successful - and legal pundits are saying there is a good chance - colleges and universities could henceforth be banned from even considering the racial or ethnic backgrounds of applicants.
"I was taught from the time I was a little girl that any kind of discrimination was wrong," Fisher said in a videotaped interview posted on YouTube by her lawyers, who have asked her to do no press interviews. "For an institution of higher learning to act this way makes no sense to me. What kind of example does this set for others?"
So why am I excited? here’s an example from India.
In Tamil Nadu, for instance, 69 percent of university admissions are now set aside for what the state has determined to be “backward castes.” Many of those favored with these set-asides have controlled Tamil Nadu’s government and much of its resources for generations, but they claim special status by pointing to a caste survey done in 1931....
Five prominent university officials in Tamil Nadu said in interviews that those given set-asides at their institutions were generally the children of doctors, lawyers and high-level bureaucrats. The result is that rich students routinely get preference over more accomplished poor ones who do not happen to belong to the favored castes. None of the officials would allow their names to be used for fear of angering the government ministers who benefit politically and personally from the program.