That All Men Are Created Equal

In spite of the divided opinions concerning the Supreme Court’s ruling against affirmative action in college admissions, there is still solace in realizing that there is an underlying consensus that racial discrimination has no place in U.S. society. The primary dispute is about the means of achieving a society without racism.

The majority opinion of the Court is that discriminating by race not only is unjust but reinforces the discrimination that it is meant to eliminate. Rather than overturning precedent, as the dissenters claim, the Court reaffirms the idea of the injustice of discrimination established in a series of Supreme Court judgments. Judge Roberts cites one such case that affirms: “‘Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality.’ Rice v. Cayetano, 528 U. S. 495, 517 (2000) (quoting Hirabayashi v. United States, 320 U. S. 81, 100 (1943)). That principle cannot be overridden except in the most extraordinary case.” Evaluating people by their race is clearly contrary to the idea of equal treatment established in such previous cases, and the majority opinion uses this long-held principle as the guide for its judgment.

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Weitermachen! Turning Marcuse on his Head: The Repressive Tolerance of the Discontents

Characterizing a concept as a goal is a misleading way to approach a critique. At best, it tries to imply a teleological argument. (I’ll leave it to the reader to decide whether that is a play on words.) In actuality here, it subsumes the normative argument under its instrumental implementation. As I noted in my previous commentary, the real story is being lost within the prism of an abstract liberalism that refracts the spectrum of colors back into a singular light. So let’s look at that light.

What is the goal of affirmative action? That isn’t really made clear by its critics. Like most cases in these situations, it becomes an all-encompassing buzzword to connote some kind of progressive agenda that they believe infringes on civil liberties. What is made clear is that they don’t like what is alleged to be its methods, in the case before us, racial classifications. But is this really what’s it all about, Alfie? There lies the rub. Those advocates who are prosecuting affirmative action before the Court, and those who cheer them on, are arguing for a decision that allows the justifiable use of racial profiles to infiltrate the admissions game. But before we let loose the dialectic of enlightenment, let’s get the story straight.

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Race, Individuality, and the Historicity of Difference: Reply to Florindo Volpacchio

In his response to my post last week on affirmative action, Florindo Volpacchio emphasizes that the goal of affirmative action is “to recognize the social pathology of discrimination and inequality that privileged race and sexual identity to begin with.” It is certainly important to remember this history and its effects on present conditions, and Volpacchio rightly points out past injustices, including slavery and segregation. Yet those injustices are also clearly in the past. There are no longer any legally enforced forms of segregation and discrimination against Blacks, and the United States can be proud of the progress that has been made. But while Volpacchio seeks to judge affirmative action based on its symbolic intent, its practical effects cannot be ignored, especially as they perpetuate the type of discrimination based on race that they are meant to oppose. Since the history of racial injustice involved the categorization and differential treatment of people based on their race, the resistance to this history must reject such differential treatment and affirm the principle of equality before the law. Yet affirmative action re-establishes racial discrimination as a valid policy for college admissions and hiring. Though this policy favors Blacks today, this can only be done at the cost of disfavoring others, to the point where it disfavors Asian Americans in comparison to both Blacks and Whites. As Thomas Sowell has demonstrated through his careful and extensive research, the track record of worldwide attempts to engineer equality through a set of reverse discriminatory practices is in fact dismal, leading consistently to a skewing of benefits to the wealthier members of the groups they are meant to assist as well as to growing identity-based polarization and even civil war.

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After Affirmative Action

After decades of contention, most observers agree that affirmative action in the form of racial preferences in college admissions will be declared unconstitutional by the U.S. Supreme Court. There are indeed few arguments left to support it. A supermajority of Americans opposes it, with 74 percent of Americans, including 58 percent of Blacks, indicating in the most recent Pew Research poll that race or ethnicity should not be a factor in college admissions. Racial preferences do not help the disadvantaged. As even a supporter of affirmative action writes: “Seventy-one percent of Harvard’s Black and Hispanic students come from wealthy backgrounds. A tiny fraction attended underperforming public high schools. First- and second-generation African immigrants, despite constituting only about 10 percent of the U.S. Black population, make up about 41 percent of all Black students in the Ivy League, and Black immigrants are wealthier and better educated than many native-born Black Americans.” As these statistics indicate, the racial categories do not correlate with disadvantaged status. They are even more problematic as a proxy for diversity. It is not clear why some markers of identity such as race and ethnicity should be considered significant for viewpoint diversity while others, such as religion, should not. Politically, university faculty have become much less diverse in terms of party affiliation over the last several decades of affirmative action policy, with a documented 11.5 to 1 ratio of Democrats to Republicans at leading universities in 2016. Moreover, because the defense of affirmative action has become a marker of anti-racism, the university support for the policy has suppressed opposing viewpoints by branding them as racist or sexist and not worthy of discussion, thus further reducing viewpoint diversity by encouraging pervasive self-censorship.

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How White Is Kant's White Race, after All?

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To begin with, Kant was a racist. Some philosophers still hold he was not, but it’s hard to see why (though it may well be disputed whether Kant’s racist thinking is also reflected in his moral philosophy). Kant was not only a racist because he, incidentally, as it were, said some really condescending things about Native Americans, Black people, and a number of other peoples. Kant’s racism has a reason, a specific rationale and theoretical background. But Kant is not only a racist. He’s also, I submit, a semi-racist, an ethnicist, and a cultural chauvinist. I will first briefly explain what all this means. My focus, however, is on another question: Those who have successfully debunked Kant as a racist (such as Charles Mills) all too easily identify one of the four races that Kant postulates, to wit, the so-called “white race,” with white Europeans (both old and new). But this is a mistake. The white race Kant talks about, I further submit, is not to be identified with white Europeans.

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The Telos Press Podcast: Kenneth Johnson on Black Lives Matter and the Legacy of Martin Luther King, Jr.

Save 30% on Telos 182 (Spring 2018): Martin Luther King, Jr.: Fifty Years On, a special issue dedicated to King’s life and thought, in our store. Offer expires 1/24/21.

In commemoration of the life and legacy of Martin Luther King, Jr., today’s episode of the Telos Press Podcast features a wide-ranging interview with Kenneth D. Johnson by Telos editor David Pan. Their discussion covers a variety of topics, including the influence of King on the Black Lives Matter movement, the different approaches to political activism and civil disobedience, the call to defund the police, the nature and effects of systemic racism, the role of education in expanding opportunities for the Black community, the role of government in addressing social and economic inequalities, and the question of how a universal basic income might help alleviate these problems.

In addition to being a member of Telos‘s editorial board, Ken Johnson edited Telos 182 (Spring 2018): Martin Luther King, Jr.: Fifty Years On, a special issue dedicated to King’s life and thought. We are now offering a 30% discount on Telos 182 when you purchase your copy in our store. With ten in-depth articles on King’s intellectual and political legacy, as well as an interview with King scholar David Garrow, Telos 182 is a must-read for anyone interested in understanding how Martin Luther King Jr. continues to influence us today. Read the introduction to Telos 182 here.

Listen to the podcast here.

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