HONOLULU (HawaiiNewsNow) - The justices yesterday heard oral arguments in a reverse discrimination case. Abigail Fisher says she was denied admission to the University of Texas because she's white.
The one-hour session ran 35 minutes long as justices asked pointed questions. Justice Scalia drew gasps from the chamber when he said "there are those who contend" that minorities with inferior academic credentials might do better at a slower school.
That contention is actually made by a recent book by a UCLA law professor and was cited by a lawyer for Fisher, a lawyer who used to clerk for Justice Clarence Thomas. Chief Justice Roberts questioned the value of affirmative action in some academic settings, asking, what unique perspective does a minority student bring to a physics class? Justice Kennedy complained the case was the same as one in 2013, as if nothing has changed.
But something has changed. Justice Elena Kagan can't vote because she worked on the case as solicitor general.
This time, the votes are there to curb or kill affirmative action.