It is difficult to know whether Justice Thomas intends this argument to be taken seriously....I can only think of one such black, Clarence, and the question is about as "open" as a Texas "whites-only" primary.
In any event, the real heart of Justice Thomas's dissent in Grutter is more personal. He harbors an almost visceral hatred for what he terms "know-it-all elites." His dissent uses the word "elite" or "elites" no fewer than twenty times. How did this graduate of Yale Law School come to despise the sort of institution that opened so many doors for him?
The answer, it seems, is that he believes affirmative action stigmatizes not only its beneficiaries, but all people of color: "When blacks take positions in the highest places of government, industry, or academia," he asserts, "it is an open question today whether their skin color played a part in their advancement." [emphasis added]
Wednesday, June 25, 2003
Mirror, Mirror
Of Justice Thomas' dissent in Grutter v. Bollinger, Michael Dorf observes: