Headline Roundup • June 29th, 2023
Justices Offer Competing Views on Race in Affirmative Action Opinions
Race And Racism,Supreme Court,Affirmative Action,Education,Higher Education,Ketanji Brown Jackson,Clarence Thomas,Sonia Sotomayor,Brett Kavanaugh
Summary from the AllSides News Team
Supreme Court Justices Ketanji Brown Jackson and Clarence Thomas wrote unusually sharp critiques of each other's opinions in the decision to overturn affirmative action.
Thomasβ Opinion: In his concurring opinion, Thomas defended the βcolorblind Constitution,β stating, βindividuals are the sum of their unique experiences, challenges, and accomplishments.β He also said Jacksonβs βrace-infused world viewβ used βher broad observations about statistical relationshipsβ to βlabel all blacks as victims.β
Jacksonβs Opinion: Jackson accused the courtβs conservative majority of announcing ββcolorblindness for allβ by legal fiatβ with βlet-them-eat-cake obliviousness.β Responding to Thomas, she said his βprolonged attackβ demonstrated βan obsession with race consciousness that far outstrips my or UNCβs holistic understanding that race can be a factor that affects applicantsβ unique life experiences.β Notably, Jackson capitalized βblack,β and Thomas did not.
Other Quotes: Some coverage highlighted remarks by Justice Sonia Sotomayor, the first Latina Supreme Court justice, who said the majorityβs βdevastatingβ decision overruled βdecades of precedent and imposes a superficial rule of race blindness on the Nation.β Meanwhile, Justice Brett Kavanaugh said he respected the dissenting justicesβ views, but parted ways on whether precedent allowed affirmative action to βextend indefinitely into the future.β
How the Media Covered It: Some coverage from across the spectrum pitted Jackson and Thomas against one another, with Fox News (Right bias) saying Thomas βblastedβ his colleague. Other coverage was more measured; The Washington Post (Lean Left bias) said the issue was βdeeply personalβ for affirmative action beneficiaries Thomas and Sotomayor.
Featured Coverage of this Story

Erin Schaff/pool/AFP via Getty Images
The Supreme Court eradicated race-based affirmative action programs in college admissions Thursday when it ruled 6-3 that programs at Harvard University and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment of the Constitution.
Justice Ketanji Brown Jackson slammed the Courtβs decision as being βwithout any basis in law, history, logic, or justice,β and grounded instead in βlet-them-eat-cake obliviousness.β
Likewise, Justice Sonia Sotomayor called the decision βnot grounded in law or factβ and in conflict with βthe vision of equality embodied in the Fourteenth Amendment.β She reduced the majorityβs decision to...
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Drew Angerer/Getty Images
The only two Black members of the Supreme Court β Justices Clarence Thomas and Ketanji Brown Jackson β openly traded barbs in their opinions Thursday as the high court dealt what may be a death blow to the use of race in college admissions.
That they would disagree on the subject is hardly surprising. Thomas, the courtβs longest serving justice and perhaps its most conservative member, rose to public prominence more than three decades ago as a strident critic of affirmative action. Jackson, the courtβs newest justice, has long been a proponent...

AP Photo/J. Scott Applewhite, File
Supreme Court Justice Clarence Thomas dismantled his colleague Justice Ketanji Brown Jackson's "race-infused world view" as part of the Supreme Court's decision Thursday to outlaw race considerations β also known as affirmative action β in the college admissions process.
Thomas, the second black justice to sit on the bench, sided with the 6-3 majority ruling Thursday saying the court's decision "sees the universitiesβ admissions policies for what they are: rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes."
Thomas said that "Justice Jackson's race-infused world view falls...
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