One cannot miss Kull’s admiration for those who have sought to enforce “the color-blind Constitution” in lawsuits going back to 1850 and the doublethink that has defeated it.
It is a subject shrouded in doublethink. Doublethink permeated the UNC and Harvard “affirmative action” cases argued yesterday in the Supreme Court. The Supreme Court has posted oral argument in the UNC case here and in the Harvard case here.
Perhaps the time has come to place “affirmative action” in the course of ultimate extinction. One cannot have any doubt, however, that if the Supreme Court upholds the claims of color-blindness in higher education, its decisions will run up against a wall of massive resistance among those who are responsible for the regime of racial discrimination.
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