In an extraordinary exchange that played out among the pages of a landmark decision by the Supreme Court declaring race-conscious admissions at colleges and universities across the nation unlawful, two Black justices battled over the merits of affirmative action.
Even as they appeared to agree over the policy’s aim — remedying the longstanding discrimination and segregation of Black Americans — they drew opposite conclusions on how and what to do.
Both justices were raised by Black family members who suffered under Jim Crow and segregation, and both gained admission to elite law schools (Justice Jackson to Harvard, Justice Thomas to Yale) before ascending to the Supreme Court.
But their interpretation of the law and their understanding of affirmative action and its role in American life could not be farther apart.
In his concurring opinion, Justice Thomas called out Justice Jackson directly in a lengthy critique, singling out her views on race and leveling broader criticisms of liberal support for affirmative action.
Persons:
Clarence Thomas, Ketanji Brown Jackson, —, Black, Jim Crow, Jackson, Justice Thomas, Yale, Justice Jackson
Organizations:
Harvard, Supreme