Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/85

Rh making distinctions based on race had passed.” “What was wrong” when the Court decided Brown “in 1954 cannot be right today.” Parents Involved, 551 U. S., at 778 (, concurring). Rather, we must adhere to the promise of equality under the law declared by the Declaration of Independence and codified by the Fourteenth Amendment.

Respondents and the dissents argue that the universities’ race-conscious admissions programs ought to be permitted because they accomplish positive social goals. I would have thought that history had by now taught a “greater humility” when attempting to “distinguish good from harmful uses of racial criteria.” Id., at 742 (plurality opinion). From the Black Codes, to discriminatory and destructive social welfare programs, to discrimination by individual government actors, bigotry has reared its ugly head time and again. Anyone who today thinks that some form of racial discrimination will prove “helpful” should thus tread cautiously, lest racial discriminators succeed (as they once did) in using such language to disguise more invidious motives.

Arguments for the benefits of race-based solutions have proved pernicious in segregationist circles. Segregated universities once argued that race-based discrimination was needed “to preserve harmony and peace and at the same time furnish equal education to both groups.” Brief for Respondents in Sweatt v. Painter, O. T. 1949, No. 44, p. 94; see also id., at 79 (“ ‘[T]he mores of racial relationships are such as to rule out, for the present at least, any possibility of admitting white persons and Negroes to the same institutions’ ”). And, parties consistently attempted to convince the Court that the time was not right to disrupt segregationist systems. See Brief for Appellees in McLaurin v. Oklahoma State Regents for Higher Ed., O. T. 1949, No. 34, p. 12 (claiming that a holding rejecting separate but equal