Carol Swain (Vanderbilt Professor) Weighs in on SCOTUS Decision

June 24, 2003 | Carol Swain

[MississippiMan]

Nashville, TN June 24, 2003

Missing the Mark: The Survival of Racial Preferences

By

Carol M. Swain
Professor of Law and Political Science
Vanderbilt University

The victory that affirmative action?s proponents scored in the University of Michigan Law School decision is a loss for our nation and it may well prove to be the death knell for amicable race relations in the future.

Most Americans view the U.S. Supreme Court as being the place of last resort for fairness and equity. Poll after poll shows that the overwhelming majority of Americans of all races oppose the use of racial preferences in public policies. By upholding the use of race in law school admissions, the Court has taken the easy way out, and it has succumbed to outside pressures bent on maintaining the status quo.

Although our nation has changed dramatically over the past 40 years, what we have cemented in place today is a set of policies, programs, and attitudes about race that were adopted in the 1960s and 1970s when our nation was less diverse and our economy much stronger in terms of job growth and potential for achieving a high standard of living. Our federal, state, and local leaders have repeatedly failed to rise to the occasion and adjust public policies to reflect where we as a nation stand today.

It could not be clearer that affirmative action implemented as racial preference works against the interests of the middle class, the working class, and the poorest of the poor. In fact, the racial preference policies defended so eloquently by college and university presidents, CEO?s of corporations, and trade associations that filed briefs in support of the University of Michigan?s program serve their institutions more than they serve the needs of the groups they defend. In fact, many minorities continue to experience discrimination at some of the same institutions that have taken on leadership roles defending the status quo.

For these elites looking to avoid controversy, racial preferences are a low cost means for them to avoid identifying and adopting new and fairer practices that could change America for the better by reducing sources of racial friction and by changing the incentive structure for all Americans.

By the year 2050, some reports indicate that non-Hispanic whites could become a minority in a nation founded by European Americans. Although much speculation focuses on the year 2050, minority status for European Americans could occur much sooner. It could occur earlier because of the well-known minority undercount of the Census and because of the practice of some racial and ethnic minorities--for example, Puerto Ricans-- to identify themselves as white Americans even when their physical characteristics would suggest African American. Furthermore, not only are racial and ethnic minorities seriously undercounted, but also the percentage of whites in the country is over inflated. Consequently, the racial preference policies upheld yesterday will only exacerbate racial tensions by further alienating whites who are already insecure about their looming minority status.

As the country grows more and more diverse, the elites in America continue to support the status quo, and affirmative action as racial preference shows little sign of abating. Somewhere we have taken a wrong turn on race. By vigorously defending racial preferences in the name of diversity and refusing to challenge racial double standards, our national and state leaders have fostered hostilities among and between different racial and ethnic groups. I am staunchly convinced that feelings of anger and resentment among the shrinking white population will only increase as our nation becomes more and more diverse because it is only human nature for people to worry about the future of their children and grandchildren.

American leaders must wake up and smell the coffee! America?s leadership institutions are deeply flawed, and few of its leaders exercise common sense when it comes to race. What America needs is a set of leaders willing to take us in new and innovative directions. America needs to become one country united by the ethical, moral, and Biblical principles that have helped make us great. What can save America are common principles and common values that include the betterment of all of society, including the poor white male from Appalachian who shares similar dreams of opportunity and achievement with those who benefit from racial and ethnic preferences.

Where do we go from here? How long can a nation as diverse as America sustain racial and ethnic preferences without fueling increased racial and ethnic conflict? How long can the American people be satisfied with public policies that give advantages to the offspring of new immigrants over the needs of Americans with deep roots in this nation? Neither Democrats nor Republicans have offered real leadership on these issues, and the situation has only become worse due to the recent growth of identity politics and the rise in white nationalist groups. Today, the Supreme Court has failed America. By not exercising courage, our elected and appointed officials have placed us on a dangerous collision course with increased racial strife, and in 25 years- Justice O?Connor?s suggested endpoint for racial preferences- it may simply be too late.

[MississippiMan]

This is one of a precious few people in this country who are trying to have an honest discussion on race. I subscribe to her newsletter. Smart lady.

MM

[Joe Brower]

[RAT Patrol]

Why haven't I heard of her before? She's impressive.

mhking ping

[Ayn Rand wannabe]

Wow...very well spoken

[ken5050]

Excellent post..thanks...BTW did you read Peter Kurserow's (sp?) article in the WashTimes today?..most excellent..

[MississippiMan]

I'm PRETTY certain she's a Democrat, if you can believe that one.

MM

[goodnesswins]

"America needs to become one country united by the ethical, moral, and Biblical principles that have helped make us great. What can save America are common principles and common values that include the betterment of all of society, including the poor white male from Appalachian who shares similar dreams of opportunity and achievement with those who benefit from racial and ethnic preferences."

I hope she has body guards.....because Sharpton, Jackson, et al.....are NOT going to want to hear (or see) what she says come to fruition.

[45Auto]

the Supreme Court has failed America

Exactly. Try as I might, I see no silver lining to this decision. The long-term implications of this wrong decision are staggering. The biggest impact I see is the continuing deterioration of the public university system. The lowering of academic standards has been the principle achievment of affirmative action over the last 25 years. Over the next 25 years it is doubtful if public education will survive.

If that wasn't bad enough, the Supreme Court has violated the Separation of Powers by amending the Constitution by mandate. It has nullified the 14th Amendment's Equal Protection Clause. Does this mean that states can now willfully violate those civil liberties that have been "incorporated" under the Equal Protection Clause over the last 100 years?Free speech? Freedom of assembly? A Pandora's Box if ever there was one.

[Cicero]

The only good thing I can see is that, although I haven't read the whole decision, the bits I have seen quoted seem to be pretty weasel-worded and ambiguous. The liberal media have portrayed it as a victory for racial quotas, but I'm not sure if that's entirely true.

In other words, it leaves the door open for these jerks on the Supreme Court to back away from this mistake in the future.

[omega4412]

"nor deny to any person within its jurisdiction, except white males, the equal protection of the laws" The 14th Amendment, as amended

Affirmative action: a hate crime agaist white males

[RAT Patrol]

I'm PRETTY certain she's a Democrat, if you can believe that one. Really? Fascinating. Well, she goes on my short list of Democrats who are honest.

[Freedom4US]

She's willing to have an open dialogue, unlike about 99 per cent of academia. But she insists on calling anyone who is against (illegal immigration) a "white supremacist" too. So I dunno.

[bourbon]

I agree. Carol Swain is a very smart lady.

One of the most interesting things she has done is actually STUDY white racists and nationalist groups as rational political actors instead of treating them as complete lunatics. As such, I think she understands these groups better than most commentators, and I think that she has a much more realistic appreciation of the dangers they present to the current political scene.

FIRST THINGS review of Swain's latest book on White Nationalism.

[the gillman@blacklagoon.com]

... our national and state leaders have fostered hostilities among and between different racial and ethnic groups...

While they have looted the treasury and our wallets.

[Maria S]

Wonder if she's another black that would qualify (to use Sharpton's term) as "not like us". Too bad young blacks like her are not out there encouraging black children more.

[Don Corleone]

American leaders must wake up and smell the coffee! America?s leadership institutions are deeply flawed, and few of its leaders exercise common sense when it comes to race.

And now the great Unanswered question. What percentage of "Black" blood makes one a "Black"/ Is it 50 percent, 25 percent, 10 percent, one tenth of one percent? It doesn't matter does it? BTW cannot a "White" man claim to be "Black" under the same percentages? Or an Oriental? Simple mathematics will tell you that if you go back as few as 20 to 25 generations (2 to the 25th power)we are all related since that number includes more people than inhabited the big blue marble. The old sailors were well known for their sexual prowess and gobs from every nation cross-bred with natives around the globe from Africa to Polynesia 300 or 400 years ago. One drop of cross-bred blood makes you a distant cousin. Deal with that at the U of M. and the SCOTUS!

[the gillman@blacklagoon.com]

...What can save America are common principles and common values that include the betterment of all of society...

The only thing Clinton ever said that I agreed with was pretty much the same statement.

However, that's not going to happen.
We are way beyond that point.

What common ground can I have with the hordes of looters and moochers who see me as simply a food source and my children as chattel? How does robbing me, and committing my children to a permanent status of second class citizen better society?

[vetvetdoug]

I have a suggestion for those that get admission to professional schools by way of affirmative action:
All of those that get their diplomas but got to the professional school via affirmative action have the degree annotated at the end with A.A. for admitted under affirmative action and not qualification. That way the freemarket economy can make their own decisions and those that wish for assistance from affirmative action will strive for admittance under honest rules instead of handouts.

[schaketo]

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430 S. Capitol St. SE
Washington, DC 20003

Main Phone Number: 202-863-8000

Can you think of any other questions we should ask them?

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