Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/93

Rh broadly, universities’ discriminatory policies burden millions of applicants who are not responsible for the racial discrimination that sullied our Nation’s past. That is why, “[i]n the absence of special circumstances, the remedy for de jure segregation ordinarily should not include educational programs for students who were not in school (or even alive) during the period of segregation.” Jenkins, 515 U. S., at 137 (, concurring). Today’s 17-year-olds, after all, did not live through the Jim Crow era, enact or enforce segregation laws, or take any action to oppress or enslave the victims of the past. Whatever their skin color, today’s youth simply are not responsible for instituting the segregation of the 20th century, and they do not shoulder the moral debts of their ancestors. Our Nation should not punish today’s youth for the sins of the past.

Far from advancing the cause of improved race relations in our Nation, affirmative action highlights our racial differences with pernicious effect. In fact, recent history reveals a disturbing pattern: Affirmative action policies appear to have prolonged the asserted need for racial discrimination. Parties and amici in these cases report that, in the nearly 50 years since Bakke, 438 U. S. 265, racial progress on campuses adopting affirmative action admissions policies has stagnated, including making no meaningful progress toward a colorblind goal since Grutter. See. Rather, the legacy of Grutter appears to be ever increasing and strident demands for yet more racially oriented solutions.

It has become clear that sorting by race does not stop at the admissions office. In his Grutter opinion, Justice Scalia criticized universities for “talk[ing] of multiculturalism and