U.S. Supreme Court
Dec. 16, 2015
Scalia's comments were offensive and racist
Generalizing about an entire race and saying that it is less intellectually able is the essence of racism.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Justice Antonin Scalia's comments at the oral arguments last week in Fisher v. University of Texas, Austin were offensive and racist. On Dec. 9, while questioning Gregory Garre, who was defending the University of Texas' affirmative action program, Scalia said: "There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less - a slower-track sch...
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