The historical truth contradicts the assertion that race-conscious legislation is unconstitutional. Justice Sotomayor emphasized this fact, pointing out that the 14th Amendment, ratified after the Civil War, was explicitly designed to allow for such legislation. In support of this, Congress enacted several laws like the Freedmen’s Bureau Acts, which aimed to provide housing, food, employment, and education to former slaves.
The establishment of the Freedmen’s Bureau was an essential step toward remedying the injustices inflicted on Black Americans by slavery. Similarly, affirmative action programs, introduced a century later, also aimed to address the systemic discrimination faced by Black people throughout Reconstruction and beyond. President Lyndon Johnson eloquently highlighted the need for such programs by illustrating the disparity in opportunities faced by those who had been oppressed.
Despite the success of affirmative action in increasing minority enrollment, resistance to these programs was swift. Allan Bakke, a white man rejected from the University of California’s medical school, claimed racial discrimination and filed a lawsuit. In the complicated Bakke case of 1978, the Supreme Court allowed race to be considered in college admissions but only for the purpose of promoting diversity, not to address the long-term effects of discrimination.
The focus on diversity in the court’s decision was a strategic compromise to gain the support of swing justice Lewis Powell. While it achieved its immediate goal, it also set the stage for future challenges to affirmative action. The court’s decision left room for questioning why certain types of diversity were more important than others, such as racial diversity over religious or political diversity.
Nonetheless, diversity remains a crucial objective for institutions in various sectors, including education, business, government, and society as a whole. Justice Jackson, in her dissent, emphasized that diversity is not a passing trend but a meaningful goal. She pointed out that diversifying medical schools by embracing Black physicians can actually save lives, as Black infants have better survival rates under the care of Black doctors. Diversity also brings economic benefits and fosters social understanding. Furthermore, a diverse student body cultivates a greater appreciation for civic virtue, democratic values, and equality among students of all races.
In conclusion, the historical context dispels the misconception that race-conscious legislation is unconstitutional. Affirmative action programs have played a vital role in addressing discrimination and promoting diversity. Although challenges persist, institutions must continue to prioritize diversity to achieve societal progress.
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