How Diversity Destroyed Affirmative Action

Sigal Alon:

The recent wave of campus protests further confirm what we all know: Race is still an open wound in America, and racial discrimination and racism still exist in the United States. Despite the great achievements of the civil-rights movement, including affirmative action in higher education and the workplace, black people still suffer the ramifications of centuries of discrimination and the accumulated burden of their imposed subordination. But campus protests may not only be a backlash against persistent discrimination, racism and inequality, but also a display of a long-lasting frustration with the fact that these problems are not acknowledged in the public sphere. Indeed, among the demands made by the student protesters is that universities acknowledge historic injustices and issue formal, public apologies. There is no better place to illustrate this point than the current debate about affirmative action in college admissions, which reached the Supreme Court last week with the oral arguments in Fisher v. University of Texas.

In the late 1960s, towards the end of the civil-rights era, most leading colleges and professional schools started to give black students special consideration in admissions. The obvious rationale behind affirmative-action programs was reparation for past societal discrimination and the legacy of slavery. In essence, affirmative action is a type of redistribution policy. In the case of black people in America, it can be viewed as a tool to rectify the egregious wrongs that were perpetuated in the past, including generations of slavery, discrimination, degradation, and limited opportunity. Its role was to facilitate the social and economic mobility of people of color and women and to level the playing field between blacks and whites.

Yet, in the Court last week, where Fisher was heard, the justices mentioned neither the idea of reparations for black people nor persistent racial inequality. Why did these important issues vanish from the discourse on affirmative action and from our public consciousness?