Justices Offer Competing Views on Race in Affirmative Action Opinions

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. 

Thomas’ Opinion: In his concurring opinion, Thomas defended the “colorblind Constitution,” stating, “individuals are the sum of their unique experiences, challenges, and accomplishments.” He also said Jackson’s “race-infused world view” used “her broad observations about statistical relationships” to “label all blacks as victims.”

Jackson’s Opinion: Jackson accused the court’s conservative majority of announcing “‘colorblindness for all’ by legal fiat” with “let-them-eat-cake obliviousness.” Responding to Thomas, she said his “prolonged attack” demonstrated “an obsession with race consciousness that far outstrips my or UNC’s holistic understanding that race can be a factor that affects applicants’ unique life experiences.” Notably, Jackson capitalized “black,” and Thomas did not. 

Other Quotes: Some coverage highlighted remarks by Justice Sonia Sotomayor, the first Latina Supreme Court justice, who said the majority’s “devastating” decision overruled “decades of precedent and imposes a superficial rule of race blindness on the Nation.” Meanwhile, Justice Brett Kavanaugh said he respected the dissenting justices’ views, but parted ways on whether precedent allowed affirmative action to “extend indefinitely into the future.”

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 “blasted” his colleague. Other coverage was more measured; The Washington Post (Lean Left bias) said the issue was “deeply personal” for affirmative action beneficiaries Thomas and Sotomayor.