[HN Gopher] Supreme Court strikes down affirmative action in col...
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       Supreme Court strikes down affirmative action in college admissions
        
       Author : rbrown
       Score  : 663 points
       Date   : 2023-06-29 14:16 UTC (8 hours ago)
        
 (HTM) web link (www.latimes.com)
 (TXT) w3m dump (www.latimes.com)
        
       | tekla wrote:
       | "Racism in US college admission has been banned"
       | 
       | I'm a huge fan of this.
        
       | tomohawk wrote:
       | Clarence Thomas' concurring opinion begins on page 49. He pulls
       | no punches, and its worth a read.
       | 
       | His concluding 3 paragraphs:
       | 
       | > The great failure of this country was slavery and its progeny.
       | And, the tragic failure of this Court was its misinterpretation
       | of the Reconstruction Amendments, as Justice Harlan predicted in
       | Plessy. We should not repeat this mistake merely because we
       | think, as our predecessors thought, that the present arrangements
       | are superior to the Constitution.
       | 
       | > The Court's opinion rightly makes clear that Grutter is, for
       | all intents and purposes, overruled. And, it sees the
       | universities' admissions policies for what they are: rudderless,
       | race-based preferences designed to ensure a particular racial mix
       | in their entering classes. Those policies fly in the face of our
       | colorblind Constitution and our Nation's equality ideal. In
       | short, they are plainly--and boldly--unconstitutional. See Brown
       | II, 349 U. S., at 298 (noting that the Brown case one year
       | earlier had "declare[d] the fundamental principle that racial
       | discrimination in public education is unconstitutional").
       | 
       | > While I am painfully aware of the social and economic ravages
       | which have befallen my race and all who suffer discrimination, I
       | hold out enduring hope that this country will live up to its
       | principles so clearly enunciated in the Declaration of
       | Independence and the Constitution of the United States: that all
       | men are created equal, are equal citizens, and must be treated
       | equally before the law.
        
       | Osiris wrote:
       | I think public college admission should just be a random lottery.
        
       | mcpackieh wrote:
       | A good development but I think this won't stop the practice.
       | Harvard lawyers are now hard at work finding new way to achieve
       | the same effect.
        
       | isykt wrote:
       | [dead]
        
       | Spivak wrote:
       | > Nothing in this opinion should be construed as prohibiting
       | universities from considering an applicant's discussion of how
       | race affected his or her life, be it through discrimination,
       | inspiration, or otherwise.
       | 
       | But this _is_ affirmative action. What did they strike down?
       | 
       | Also god damn I hate this supreme court for overruling their own
       | decisions. Even the ones I would personally benefit from. This is
       | going to ruin the court in the long run for partisan bullshit. If
       | going to the court twice for the same issue can get you different
       | decisions then the ruling of the court means absolutely fucking
       | nothing. You might as well just continue your affirmative action
       | program because the next time the court makeup might be different
       | and they'll change their mind again.
       | 
       | This was already decided forty years ago
       | https://en.wikipedia.org/wiki/Regents_of_the_University_of_C...
        
         | rufus_foreman wrote:
         | >> Nothing in this opinion should be construed as prohibiting
         | universities from considering an applicant's discussion of how
         | race affected his or her life, be it through discrimination,
         | inspiration, or otherwise.
         | 
         | The decision continues with:
         | 
         | "But, despite the dissent's assertion to the contrary,
         | universities may not simply establish through application
         | essays or other means the regime we hold unlawful today. (A
         | dissenting opinion is generally not the best source of legal
         | advice on how to comply with the majority opinion.) "[W]hat
         | cannot be done directly cannot be done indirectly. The
         | Constitution deals with substance, not shadows," and the
         | prohibition against racial discrimination is "levelled at the
         | thing, not the name.""
         | 
         | They are warning the universities to not play games with them.
        
         | rufus_foreman wrote:
         | >> I hate this supreme court for overruling their own decisions
         | 
         | Which Supreme Court decision did they overrule here? They
         | upheld the Equal Protection Clause. Should they have overruled
         | that?
         | 
         | "Our Constitution is color-blind, and neither knows nor
         | tolerates classes among citizens"
         | 
         | They upheld that. Should they have overruled it?
         | 
         | They had to overrule something. People are mad because they
         | didn't overrule the Equal Protection Clause.
        
           | Spivak wrote:
           | That's not how this works. The supreme court interpreted the
           | equal protection clause to mean A in the original case and
           | decided that limited discrimination didn't violate the
           | constitution. Disagree with it all you want, I'll join you,
           | but that was the ruling. Today the supreme court interpreted
           | the equal protection clause to mean B and struck down their
           | previous decision.
           | 
           | Also lol our constitution isn't anything blind and both
           | acknowledges and establishes different classes of person in
           | order to make rules about them.
        
             | parineum wrote:
             | After being presented with new information, they came to a
             | different conclusion. As a result of their previous
             | decisions, the data showed that the limited discrimination
             | allowed has had a larger effect than anticipated and led to
             | an outcome of less than limited discrimination.
        
               | Spivak wrote:
               | I actually agree, but what you're describing is
               | effectively legislation. The courts were asked to make a
               | decision and interpret the law as it's written and they
               | did. Honestly, I care more that the court makes a
               | decision than they make the right one. They took a
               | dispute over ambiguous law and disambiguated it. After
               | that the ball is in the other branches' courts.
               | Legislation that outright banned affirmative action would
               | have been constitutional and we let the status quo stand
               | for 45 years without feeling the need to intervene. I can
               | only speak for myself but a ruling that people just
               | accept and don't feel the need to pass new legislation to
               | correct is to me the gold standard.
        
               | parineum wrote:
               | I don't think that's the case.
               | 
               | The effects of a law can end up being unconstitutional,
               | that's something that may only reveal itself over time.
        
         | falcolas wrote:
         | > I hate this supreme court for overruling their own decisions
         | 
         | Yeah. Based off the various deep dives I heard about a year
         | ago, the court is supposed to strongly favor leaving prior
         | court rulings in place, but the current justices decided that
         | they were fine changing prior rulings since it's a convention,
         | not a rule.
         | 
         | The current SC really dislikes all the prior rulings that were
         | based off the 14th amendment, so I fully expect this same
         | behavior to continue.
        
           | jwond wrote:
           | The Supreme Court has a long history of overruling prior
           | Supreme Court decisions, and has done so over 200 times.
           | 
           | https://constitution.congress.gov/resources/decisions-
           | overru...
        
           | Timon3 wrote:
           | The problem goes further - a number of justices previously
           | declared they'd honor the previous decisions. They should
           | have lost the publics trust over that alone.
        
             | falcolas wrote:
             | > They should have lost the publics trust over that alone.
             | 
             | Public opinion - let alone public trust - does not matter
             | to a Supreme Court justice; they're appointed by the
             | government for life. There's literally nothing the public
             | can do (short of revolution) that impacts their jobs.
             | 
             | Only the opinions of the house/senate members even remotely
             | matters to them, and so long as congress can't get enough
             | votes to impeach them (a majority in the House, and 2/3 of
             | the Senate), they can do pretty much whatever they want.
             | 
             | Historically, no Supreme Court justice has ever been
             | impeached by the House and convicted by the Senate. It's
             | been around 200 years (1805) since the last attempt was
             | even made.
        
               | dragonwriter wrote:
               | > they're appointed by the government for life.
               | 
               | "In good behavior", actually.
               | 
               | > There's literally nothing the public can do (short of
               | revolution) that impacts their jobs.
               | 
               | Political pressure on Congress to impeach a particular
               | justice, or exercise its power to adjust the scope of the
               | appellate jurisdiction of the Court, as well as taking
               | direct extralegal action against specific judges are all
               | acts "short of revolution".
               | 
               | > Historically, no Supreme Court justice has ever been
               | impeached by the House and convicted by the Senate. It's
               | been around 200 years (1805) since the last attempt was
               | even made.
               | 
               | No, 1805 was the only successful impeachment of a Supreme
               | Court justice, though no conviction occurred in the
               | Senate. The last _attempt_ (counting only those where
               | there is some official action in the House directed
               | explicitly directed at impeachment) was far more recent,
               | 2019 against Justice Kavanaugh (H.Res. 560).
        
               | Timon3 wrote:
               | Public opinion and public trust absolutely do matter to
               | the justices. They derive their mandate from the people.
               | If the people really want to relieve a justice of their
               | duty, they will find a way - "the government" can't exist
               | without any public support.
               | 
               | The Supreme Court is only the Supreme Court if enough
               | people say it is.
        
         | emmelaich wrote:
         | I guess you can consider an individual's hardships (whatever
         | they may be) but not a blanket consideration based on race or
         | religion or ...
        
         | bitcurious wrote:
         | Do you feel the same about the courts rulings on segregation?
         | Initially decided on 1896, revisited in 1954.
         | 
         | https://en.m.wikipedia.org/wiki/Plessy_v._Ferguson
         | 
         | https://en.m.wikipedia.org/wiki/Brown_v._Board_of_Education
        
           | Spivak wrote:
           | I do, I think this should have been done with amendments to
           | the constitution like we did for the 15th and 19th amendment.
           | 
           | Taken to its logical extreme if the US had a single dictator
           | but they did good things would you argue against needing a
           | democratic process? The court lives in a weird place where
           | they have close to unchecked power and make their own rules.
           | It is what it is, there's always a root account somewhere.
           | But the convention/culture of the courts has been the primary
           | thing keeping this in check and if that goes we're in
           | trouble.
        
         | mucle6 wrote:
         | The court changing their mind feels like a feature not a bug.
         | The court represents people, and those people change their mind
         | from generation to generation.
         | 
         | I don't want to live in a world where we can't overturn bad
         | decisions. Would America be better off if we legalized slavery
         | 300 years ago, and could never undo it?
        
           | Spivak wrote:
           | Our government is structured so that nothing is really set in
           | stone. The people who are supposed to check bad decisions by
           | the court are the legislature.
           | 
           | This game we're playing is we now have one legislative body
           | that writes laws and another that writes effectively
           | constitutional amendments. This makes no sense at all and
           | we've created an in-practice unchecked branch of government.
           | 
           | So I don't disagree that the court has done good things with
           | their power but once in a generation swings is much easier to
           | put up with than what we have going now. The world hasn't
           | meaningfully changed since they originally upheld
           | universities' limited ability to discriminate and as much as
           | I don't like that choice I still think take-backsies is a
           | worse one.
           | 
           | My (red) state has a bill going through right now to outlaw
           | university diversity quotas and it likely won't pass so this
           | isn't cultural attitudes changing.
        
           | [deleted]
        
           | kllrnohj wrote:
           | There's a process for overturning "bad decisions" it's called
           | passing legislation. There's a reason Stare Decisis is
           | supposed to be a thing, after all.
           | 
           | But if the Supreme Court doesn't have to listen to itself,
           | then does any court? Should every minor court just decide SC
           | precedent was bad & overturn it?
        
             | parineum wrote:
             | No two cases are the same. Often, a unique situation can
             | highlight why a previous decision was erroneous.
        
       | [deleted]
        
       | cpascal wrote:
       | I think universities can probably come up with a different set of
       | non-protected criteria to lift underrepresented communities out
       | of social/financial oppression. This might even provide greater
       | access to some equally needing students that are looked over by
       | racially-based criteria. In a perfect world, everyone would have
       | equal opportunity and support throughout their primary education,
       | and college admission could be much more merit-based.
       | Unfortunately, that is not the country we live in and there is
       | little appetite to invest in ensuring all Americans have access
       | to high-quality primary education.
        
         | commandlinefan wrote:
         | > lift underrepresented communities out
         | 
         | There already is, though - study hard!
        
           | mehlmao wrote:
           | *study harder than the rich legacy admissions
        
           | peterfirefly wrote:
           | And choose your parents well!
        
           | cpascal wrote:
           | This isn't always possible, though. You could grow up with
           | parents and teachers who do not push you to study. Perhaps
           | you are malnourished or abused. Having the environment and
           | support to study hard is something not all students have. You
           | cannot hand wave studying as the solution to the disparity in
           | educational outcomes.
        
         | 2OEH8eoCRo0 wrote:
         | Why does it need to be more complicated than investing more
         | into underperforming areas? Money talks
        
         | [deleted]
        
         | rtkwe wrote:
         | My read and view has been for a long while that to reverse the
         | centuries of race based discrimination you have to do something
         | to specifically funnel opportunities and resources to those
         | affected groups. PoC were kept out of many of the big wealth
         | building booms in the US like the post WW2 golden era for
         | example so unless we're willing to wait for one of those to
         | come around again or a couple centuries of diffusion to even
         | the starting point discrepancies the pre Civil Rights Era built
         | deep into our cities and economies, the race based issues of
         | the past kind of demand addressing with race based solutions.
        
         | Lendal wrote:
         | Yeah, and I think it will be pretty simple to do. Just switch
         | over to looking at what district the applicants graduated (or
         | what neighborhood they grew up in) from and try to equally
         | represent all school districts over time. For instance, if you
         | have a poor high school that's never had anyone admitted to
         | your university, then try to choose the next outstanding
         | applicant coming out of that high school. That promotes
         | diversity without involving race. Poor families can't easily
         | change school districts just because they find themselves with
         | a gifted child on their hands. I know because I've been there.
        
           | TMWNN wrote:
           | >Just switch over to looking at what district the applicants
           | graduated (or what neighborhood they grew up in) from and try
           | to equally represent all school districts over time.
           | 
           | This is basically what the University of Texas does; the top
           | x% of applicants from each Texas high school is admitted,
           | with other applicants competing against each other. I think
           | it's a good way for a state school with the duty to educate
           | its citizens to do so without using race as the determinant.
        
       | caditinpiscinam wrote:
       | For people who are against affirmative action, what is your
       | preferred course of action, given the racial disparities that
       | exist in academia? I see three options:
       | 
       | 1) say that these disparities are inevitable
       | 
       | 2) wait for the disparities disappear on their own
       | 
       | 3) address the disparities through some other policy or
       | initiative
        
         | Izikiel43 wrote:
         | 4) which race you are doesn't matter, it's your skills that
         | matter and what should be judged on
        
           | caditinpiscinam wrote:
           | How do you measure skill? And if your measure of skill
           | over/under-represents races, does that mean that your metrics
           | are flawed, or that skill is distributed unevenly across
           | races?
        
             | Izikiel43 wrote:
             | From a non US perspective, your questions don't make sense
             | and are flawed, and the whole race discussion is racist
             | (https://www.merriam-webster.com/dictionary/racist
             | definition a).
             | 
             | Why is race important at all when discussing academia?
             | 
             | The merits are what matter, not your race.
        
         | ProllyInfamous wrote:
         | 3) e.g. See how Texas uses "Top 7% Rule" as a color-blind
         | method of increasing diversity through meritocracy. When I was
         | applying, it was a "Top 10% Rule."
        
       | dreday wrote:
       | Ok. Did they propose a different way to combat systemic racism?
        
         | mythrwy wrote:
         | They did issue this ruling, which in my estimation does exactly
         | that.
        
       | bluepod4 wrote:
       | Can someone explain why the military academies were explicitly
       | exempt from this ruling when their policies are similar to those
       | of UNC and Harvard?
        
       | losvedir wrote:
       | As someone of Hispanic descent this is very interesting to me.
       | Affirmative Action probably helped my father, whose father was a
       | construction worker and mother a homemaker both of whom dropped
       | out of high school, get into college and ultimately become a
       | doctor.
       | 
       | But because my father was a doctor, I had a fairly privileged
       | upbringing. I'm a generation removed, but growing up in
       | California always had to indicate my background on standardized
       | tests and always checked "White" for race and then "Hispanic" for
       | ethnicity (which is how all the tests asked it in those days, not
       | sure if it's still the case), without thinking much about it.
       | 
       | I went to MIT, and to this day I wonder how much checking
       | "Hispanic" helped me there and if I "deserved" to go. I was
       | valedictorian and had a perfect score on the SATs and I feel like
       | I was a strong candidate, but then everyone who gets into MIT is
       | strong. And since I did successfully graduate then I guess it was
       | fine that I was accepted, but I was constantly blown away and
       | overwhelmed by the accomplishments of my peers there, and always
       | wondered a bit if I belonged.
       | 
       | I've always had an identity crisis about what I am. I know in the
       | current zeitgeist there's a big push for racial justice, of which
       | being Hispanic and "brown" is a part. But it also feels totally
       | irrelevant to me, personally, because of my upper class
       | upbringing and elite education, and I feel like I've never really
       | been discriminated against. Though I possibly have been
       | discriminated "for", and benefited tremendously from it.
       | 
       | So I don't know how I feel about this change. It's certainly a
       | big one, but in the long run, maybe it's good? I know I've always
       | wondered if being Hispanic helped me get into college or into
       | jobs, but the flip side is that other people must wonder the
       | same...
        
         | azinman2 wrote:
         | If affirmative action is what enabled your father to become a
         | doctor, then it almost certainly sounds like the success story
         | that motivates the action. I don't know percent of the time a
         | similar story is required to justify the means, but it sounds
         | like you should embrace the path that your family's life has
         | taken. The alternative, presumably, would be effectively unfair
         | knowing what could and then did become.
        
           | CuriouslyC wrote:
           | Do we need race based affirmative action though? Couldn't we
           | have needs based discrimination? What makes a poor hispanic
           | immigrant more deserving of a hand up than a poor ukranian
           | immigrant?
        
             | zo1 wrote:
             | Because the issue goes way further back than college, yet
             | they sit here at the college-level with little-dictators
             | breathing down their necks about why is their college "so
             | white". So how far back does one need to go, and how
             | patient are we to see generational results?
             | 
             | Honestly, I think this is 100% the responsibility of
             | parents. They are the ones that need to break the
             | generational cycle of whatever they're facing. Beyond that
             | - as you say - needs based approaches to this.
             | 
             | I don't understand why we as a society can't simply have
             | "Oh you got more than 95% on your standardized test scores?
             | 100% full scholarship to any college and any degree you
             | wish without paying it back." That is how you fix a society
             | if you ask me, by rewarding hard work and merit.
        
             | nyolfen wrote:
             | people vote in racial/ethnic blocs, so spoils are doled out
             | on those terms
        
             | azinman2 wrote:
             | I would say both are in need, personally, but affirmative
             | action is looking at the reality that society will
             | discriminate more against the Hispanic immigrant... so
             | everything on the way to education and afterwords will
             | reduce the chances of upward mobility and the self-
             | confidence to withstand such discrimination compared to
             | someone who is the dominant perceived race.
        
           | AuryGlenz wrote:
           | Well, there's someone out there who is white or Asian that
           | didn't get to become a doctor. Are their kids as successful?
           | 
           | Otherwise I agree with you. It's in the past. We all have
           | advantages and disadvantages, whether genetic or societal.
           | There's no reason to feel bad about something in the past you
           | had no control over.
        
             | hospitalJail wrote:
             | They don't get into medical school, they have a pre-
             | med/biology degree. Make $40-60k/yr. Maybe 100k-200k if
             | they are exceptionally talented
             | 
             | vs...
             | 
             | 250k-1M/yr
             | 
             | The difference is being middle class to being upper
             | class/upper-middle class.
             | 
             | The school district differences are stark. So yes, these
             | kind of things make a big difference.
             | 
             | We really just need to remove power from the AMA/AGCME in
             | this specific case. It hurts everyone except the Physician
             | cartel members.
        
           | jlawson wrote:
           | It's worth bearing in mind that if affirmative action helped
           | his father become a doctor, it also prevented someone else's
           | father from becoming a doctor. I wonder what that person
           | could have achieved.
        
             | hondo77 wrote:
             | No, it means it prevented someone else's father from
             | attending _that_ school. There are others. That 's why you
             | apply to more than one.
        
               | Maxion wrote:
               | In the end, higher education is a scarce resource. Making
               | it harder for group X to get in is absolutely
               | discrimination, and does reduce the amount of people from
               | group X who can attain higher education.
               | 
               | Affirmative Action is talked about as positive
               | discrimination, but it is still discrimination none-the-
               | less.
        
               | fwungy wrote:
               | What if Group X has their own country where they will get
               | that preference but Group Y is native born and gets a
               | taint? The top class of Group Y will be fine. It's the
               | lower ranks of Group Y who lose out to Group X and the
               | higher ranks of Group Y who cement their own status by
               | cutting off their native competition.
        
               | dragonwriter wrote:
               | > Affirmative Action is talked about as positive
               | discrimination, but it is still discrimination none-the-
               | less.
               | 
               |  _Every_ decision is discrimination. Basis and purpose is
               | what matters.
        
               | [deleted]
        
               | Maxion wrote:
               | > Every decision is discrimination. Basis and purpose is
               | what matters.
               | 
               | That is true, which is why it is illegal in my country to
               | discriminate based on things that you _are_. In my
               | country, we value equality and believe that everyone
               | should be treated fairly and without discrimination. Laws
               | are in place to protect individuals from discrimination
               | based on factors such as race, gender, religion, age,
               | disability, and other protected characteristics.
               | 
               | Discrimination based on who you are, such as your
               | inherent traits or characteristics, is considered unjust
               | and contrary to the principles of equality. The focus
               | should be on a person's abilities, qualifications, and
               | merits rather than factors that they have no control
               | over.
        
               | cadlin wrote:
               | There's a saying in my country. "The law, in its majestic
               | equality, forbids rich and poor alike to sleep under
               | bridges, to beg in the streets, and to steal their
               | bread."
        
               | peterfirefly wrote:
               | I doubt the poor likes having their bread stolen.
        
               | Der_Einzige wrote:
               | The poor are overwhelmingly the victims of petty crime.
               | The rich can live in gated communities and afford
               | security systems.
        
               | peterfirefly wrote:
               | Or even a small private army for their protection. The
               | poor have to rely on the mercy of the law, the police,
               | and the courts. They don't like having their things
               | stolen, they don't like being accosted in the street,
               | they don't like disorderly conduct around them -- but
               | they don't have nice villas or townhouses to retire to.
               | 
               | I don't think Anatole France really had thought things
               | through when he wrote that quote...
        
               | anthk wrote:
               | That's poverty related, not race. Keeping fighting over
               | the skin color instead of joining forces together against
               | these money-addicted thugs.
        
               | Maxion wrote:
               | There aren't any beggars or any people sleeping under
               | bridges in my country who don't want to do that
               | themselves. We have social security for everyone, and
               | homeless shelters for those who cannot behave well enough
               | to not be evicted from apartments.
        
             | Maxion wrote:
             | As someone not from the US, this whole Affirmative Actions
             | seems to just be reversed racism. I.e. in the end more-or-
             | less still unfair.
             | 
             | Better to just remove race all together, and e.g. require
             | college admissions by law to be judged without knowing the
             | applicants name or ethnicity.
             | 
             | To me as an outsider, the US focuses wayyyyy to much on
             | race. Race really does not matter, and no matter how much
             | the US claims to be racism free, the degree to which it is
             | focused on just proves that the US isn't free of racism.
             | Even asking for ones race or ethnicity in my country would
             | be considered descriminatory as there can be no purpose for
             | collecting that information that isn't descriminatory.
             | 
             | Discriminating based on race (among other things) is
             | forbidden in the constitution, and that is absolute.
        
               | AlgorithmicTime wrote:
               | > Affirmative Actions seems to just be reversed racism.
               | I.e. in the end more-or-less still unfair.
               | 
               | It's not even reversed racism, it's just plain old
               | racism. The only difference is the targets of the racism
               | are European descended and Asian descended people instead
               | of African and Latin American descended people.
        
               | 1234letshaveatw wrote:
               | This post reeks of smugness. I hope you aren't from
               | western Europe, as you can easily see that there is
               | discrimination based on race with regards to eg policing-
               | where crimes committed by certain individuals of a
               | protected status aren't even allowed to be reported on.
               | And FYI- equality is also enshrined in the US
               | constitution, but constitutions are (universally) subject
               | to interpretation
        
               | xienze wrote:
               | > Better to just remove race all together, and e.g.
               | require college admissions by law to be judged without
               | knowing the applicants name or ethnicity.
               | 
               | Believe me, this has been considered and tried in various
               | contexts. The problem is that in the end schools and
               | companies find out that they don't achieve the "right"
               | mix of ethnicities and genders and so it's back to square
               | one.
        
               | megaman821 wrote:
               | They tried this with orchestra auditions by doing them
               | behind a curtain but they didn't end up with the "right"
               | mix. As of yet they haven't figure out how people's
               | auditory senses are racist.
        
               | parineum wrote:
               | When I was growing up ('90s, 00s), that was the
               | "movement" and teaching that was going on. It's
               | colloquially known as being "colorblind". It has
               | radically shifted the opposite direction. It's the
               | difference between equality and equity, equality of
               | opportunity vs. equality of outcome.
               | 
               | I don't know what's right or wrong really but I can say
               | that the rapidness of the shift was definitely shocking
               | to me. There's a lot of disagreement between Gen X,
               | Millenials and Gen Z on the topic because of it.
        
               | mrguyorama wrote:
               | It's because no matter how much you tell people "don't
               | see race", it doesn't stop a large percentage from being
               | raised by explicitly racist people, of the "That football
               | player is acting like a n***" type. If the people who
               | understand that racism is bad do nothing, and the racists
               | are the only ones who act on stuff, what do you think
               | happens? You can't counteract racism with silence.
        
               | megaman821 wrote:
               | Is there any shred of evidence that a large percentage of
               | people are raised by explicitly racist people? That is
               | just total fantasy on your part.
        
               | throw38264 wrote:
               | China had this policy as well.
               | 
               | Minorities, like the Uyghurs, were exempt from the
               | 1-child policy and they got extra points on the national
               | college exam.
        
               | Clubber wrote:
               | >this whole Affirmative Actions seems to just be reversed
               | racism
               | 
               | It is, but it is an attempt to right a wrong, which isn't
               | an easy thing to do or measure. It's a moralistic
               | endeavor and moralistic endeavors can become monsters in
               | their own right.
               | 
               | >To me as an outsider, the US focuses wayyyyy to much on
               | race.
               | 
               | It's become a political football, because of this, I
               | think it's perpetuating it more than it would be
               | naturally. Morgan Freeman articulated this well many
               | years ago.
               | 
               | https://www.youtube.com/watch?v=MpnpIhqSLto
               | 
               | >Even asking for ones race or ethnicity in my country
               | would be considered descriminatory as there can be no
               | purpose for collecting that information that isn't
               | descriminatory.
               | 
               | It's funny, this is done to ensure that historically
               | oppressed races are measured for success / failure. It
               | seems to support to your reverse racism comment.
               | 
               | >Discriminating based on race (among other things) is
               | forbidden in the constitution, and that is absolute.
               | 
               | I agree, that's why AA was struck down. It's a clear
               | violation of the 14th amendment. This was known at the
               | time and known in the early 2000's (2003?) when this came
               | up before. It's always been considered an emergency
               | measure that would need to end because it was a clear
               | violation of equal protection under the law clause of the
               | 14th.
               | 
               |  _All persons born or naturalized in the United States,
               | and subject to the jurisdiction thereof, are citizens of
               | the United States and of the State wherein they reside.
               | No State shall make or enforce any law which shall
               | abridge the privileges or immunities of citizens of the
               | United States; nor shall any State deprive any person of
               | life, liberty, or property, without due process of law;
               | nor deny to any person within its jurisdiction the equal
               | protection of the laws._
        
               | MisterBastahrd wrote:
               | If it were absolute, then affirmative action would never
               | have been necessary in the first place.
        
               | peterfirefly wrote:
               | They weren't...
        
               | ScoobleDoodle wrote:
               | The socioeconomic class of the family is the highest
               | indicator of socioeconomic class of the children in that
               | family.
               | 
               | In America, the socioeconomic class of people of non-
               | white races has been systematically kept as low as
               | possible, through racist systems. Affirmative action
               | (race based admissions quotas) is one tool to breach that
               | ceiling.
               | 
               | In an already racist system, doing something like
               | economic class based support (example: 20% of college
               | admissions need to come from poor households) would just
               | mostly go to the privileged race and perpetuate the
               | systemic racism.
               | 
               | Your post is also an illustration of what white privilege
               | can look like. I know you said you're not American, but
               | the tone matches to a T. White people don't realize the
               | negative effects of racism on others and others family
               | history and can't even conceive of it. From having cab
               | drivers not willing to pick you up, to not getting a job
               | or being passed over for promotions, let alone going to
               | schools that are under funded. And as a side effect of
               | that racism towards non-whites, white people benefit by
               | getting the can, the job, the promotion, the good schools
               | that the non-whites, but equally qualified did not.
               | 
               | And as the head paragraph states, that gets embedded into
               | society in the socioeconomic trajectory of the family.
        
               | gwright wrote:
               | > In America, the socioeconomic class of people of non-
               | white races has been systematically kept as low as
               | possible, through racist systems. Affirmative action
               | (race based admissions quotas) is one tool to breach that
               | ceiling.
               | 
               | According to this: https://en.wikipedia.org/wiki/List_of_
               | ethnic_groups_in_the_U...
               | 
               | The per capita income for "whites" in the US is $36,962
               | 
               | The per capita income for the following groups is higher
               | than that: Indian, Taiwanese, Japanese, Chinese, Korean.
               | 
               | Similar results for median household incomes.
               | 
               | I couldn't easily find the data but I've seen previous
               | reports of sub-groups of "blacks" that also have higher
               | median incomes than whites (as a group). Ahh, here is an
               | article talking about the success of Nigerian immigrants,
               | as an example. https://journals.sagepub.com/doi/full/10.1
               | 177/23780231211001...
               | 
               | Please explain how to reconcile this data with your
               | statement.
        
               | peterfirefly wrote:
               | > Affirmative Actions seems to just be reversed racism.
               | 
               | Nothing "reversed" about it. Racism is racism.
               | 
               | This is the second time the current Supreme Court has
               | reversed a previous unconstitutional Supreme Court
               | decision. I love it!
        
             | toofy wrote:
             | in addition to this, in this scenario, it's worth bearing
             | in mind that they both should have achieved their dreams.
        
           | 1024core wrote:
           | > If affirmative action is what enabled your father to become
           | a doctor, then it almost certainly sounds like the success
           | story that motivates the action.
           | 
           | But that begs the question: should GP still get the benefit
           | of AA if their parent took advantage of it and succeeded in
           | life?
        
             | azinman2 wrote:
             | Did discrimination stop since then? Did the percentage of
             | underrepresented minorities get balanced out since then?
             | 
             | My guess is not, in which case it would be justified under
             | the principles behind it.
             | 
             | Having successful minorities that continue to produce
             | success multi-generationally is a good thing. It brings
             | people out of poverty, creates positive examples for people
             | that look like someone who is struggling, creates more
             | wealth in the targeted communities which can be spread
             | around, etc.
        
               | 1024core wrote:
               | But then you end up with a "creamy layer" that always
               | stays at the top.
               | 
               | As The Boss said, "meet the new boss, same as the old
               | boss"...
        
               | azinman2 wrote:
               | Except if this creamy layer is a minority, society at
               | large will still be trying to push them down. I think
               | it's important to have some cream to resist this and
               | provide counter examples.
        
           | brightball wrote:
           | Something else that isn't really factored into most of these
           | conversations is the level of gatekeeping around professions
           | and schools where a much larger group of people can succeed
           | or even flourish, yet never get the opportunity due to
           | limited class sizes.
           | 
           | Around the healthcare debate specifically, there were a lot
           | of people who talked about the restrictive policies that
           | artificially limit the supply of doctors as well as the
           | policies that prevent the creation of more hospitals.
           | 
           | When my dad was growing up, his father was a mechanic and he
           | really just wanted to go be a mechanic to work with his
           | dad...who told him that it wouldn't support 2 families. So
           | instead...my dad became a dentist. Don't get me wrong, he's
           | very smart (particularly with math) but how many people could
           | be doctors? How many people could handle the curriculum at
           | MIT, Harvard, Stanford, Georgia Tech, Vanderbilt, etc?
           | 
           | My guess is that it's a whole lot more than are actually
           | admitted. Further, is the curriculum at these schools that
           | much better than everywhere else or is it more a factor of
           | surrounding yourself with highly motivated peers that makes
           | it better?
        
             | euix wrote:
             | What's that saying? Something like: "It's not that Einstein
             | was so brilliant, it's that so many more Einsteins spend
             | their whole lives in the farm fields" and in between is
             | there is a whole spectrum of talent vs opportunity and
             | recognition going from brilliant and unknown to famous and
             | undeserving.
        
               | joh6nn wrote:
               | "I am, somehow, less interested in the weight and
               | convolutions of Einstein's brain than in the near
               | certainty that people of equal talent have lived and died
               | in cotton fields and sweatshops." -- Stephen Jay Gould
        
             | bamfly wrote:
             | > Further, is the curriculum at these schools that much
             | better than everywhere else or is it more a factor of
             | surrounding yourself with highly motivated peers that makes
             | it better?
             | 
             | I've watched the full set of lectures for a few classes at
             | top universities (Yale, MIT, that kind of thing) for a
             | topic area in which I took a lot of classes at a very-cheap
             | low-tier ex-normal-school state university that's
             | completely unknown outside a ~150 mile radius, and only
             | somewhat recognized within it.
             | 
             | From what I could tell, the content, pace, and amount &
             | sort of assigned work were all pretty similar.
             | 
             | What differed? Two main things:
             | 
             | 1) The guest lecturers--cheap state school, none, or
             | unremarkable ones; the fancy schools, both more common to
             | have them, and universally _very_ impressive credentials,
             | possibly someone you 've heard of even if you don't really
             | follow the topic, basically, their guests were
             | "celebrities", at least within a field.
             | 
             | 2) How engaged the students seemed to be--not at all, at
             | the cheap state school; very, at the fancy schools.
             | 
             | This is for undergrad. The ways they differ may not be the
             | same in grad school.
        
               | jmoss20 wrote:
               | Really?
               | 
               | Maybe my (large, relatively well respected state school)
               | lectures were uniquely bad. But I found MIT lectures to
               | be leagues ahead of what we got. They covered more
               | content, went deeper and were faster paced. The lecturers
               | were more talented and engaging, and the problem sets
               | were harder and more efficient. It really was night and
               | day.
        
             | hospitalJail wrote:
             | Yeah if Physicians didn't have a monopoly on medicine, OP
             | probably would have lived in a middle-class school district
             | and not had every advantage of a 1-5%er.
             | 
             | While AA is an issue, OP most benefited from the Physician
             | cartel/AMA who lobbies/bribes their way to wealth for their
             | members at the expense of the 99% of the population.
        
             | nradov wrote:
             | The supply of physicians is artificially limited by
             | Medicare funding for residency programs at teaching
             | hospitals. This shortage will only get worse as the
             | population ages.
             | 
             | https://www.ama-assn.org/education/gme-funding/save-
             | graduate...
        
               | exhilaration wrote:
               | The corporations running America's hospitals and health
               | systems are fully aware of this problem and have lobbied
               | state governments to give physician's assistants, nurse
               | practitioners, and in some cases even pharmacists the
               | same powers as doctors. Depending on your state, you'll
               | find an NP or PA where you might have expected a doctor
               | 10 years ago -- places like urgent care clinics and
               | standalone ERs.
        
           | ummonk wrote:
           | Using parental income as well as parental education level in
           | admissions would have helped GP's father just fine without
           | any need for race-based affirmative action.
        
             | commandlinefan wrote:
             | > parental income as well as parental education level in
             | admissions
             | 
             | But that leads to the same fundamental problem - somebody
             | who was "unfortunate" enough to be born into decent
             | circumstances but _who was actually more qualified_ than
             | the diversity admit gets rejected.
        
               | kaitai wrote:
               | That's where things fall down, though. I've done some
               | admissions work (I am not professionally in admissions or
               | HR or anything, I was just an academic mathematician). A
               | lot of "qualifications" are experiences you can buy. You
               | can buy volunteer experiences here or there, whether as
               | literally as flying your child to Africa to volunteer or
               | as simply as not asking your kid to contribute to paying
               | the rent and letting them tutor for no cash. You can buy
               | your kid test prep classes -- yes, the poor kid can get
               | an SAT prep book from the library but the rich kid can
               | have a tutor take their child by the hand and
               | cajole/harass/massage the kid through test prep. You must
               | pay pay pay to have your kid participate in traveling
               | soccer league, dance team, lacrosse, etc. Remember travel
               | soccer and similar activities are a way of divesting from
               | the public schools, ensuring that this money and coaching
               | benefits kids whose parents can pay (the right kinds of
               | kids, the kids you want your kid to marry). What else?
               | The music lessons, the robotics contests, the school
               | district that has a full suite of AP or IB classes rather
               | than just a couple, but in which houses start at $425k...
               | 
               | I sure as shit am buying qualifications for my kid, fully
               | recognizing my role in participating in this flawed
               | system. Kid's in robotics, language classes, gets to
               | travel. We switched the kid's school to go to a school
               | with higher standards. We teach the kid both reading (100
               | Easy Lessons...) and writing (workbooks from the non-US
               | country with better public education) -- small expenses
               | in $ but nevertheless expenses. I'm sure someone will
               | happily tell me that the last part is just good morals on
               | my part, or something, but you can't tell me that
               | $100/day for a robotics summer camp is just good morals.
               | I am buying that kid qualifications.
               | 
               | And then someone will tell me that's not race-based, but
               | look at the perpetuation of wealth disparity thru US
               | history, from chattel slavery on through the robbery from
               | the Freedmen's Bank to the riot that burned down Black
               | Wall Street to the fact that Black servicemen couldn't
               | get mortgage assistance or GI Bill college assistance
               | after WW2. Follow the money.
        
               | CuriouslyC wrote:
               | Poverty has a huge impact on childhood accomplishment. If
               | someone is a regular A student while dodging bullets with
               | a mother on crack, they are probably a much stronger
               | human than someone who comes from an upper middle class
               | family and gets valedictorian, is class president, does
               | volunteer work and won a teen writing award or some-such.
        
               | worrycue wrote:
               | > Poverty has a huge impact on childhood accomplishment.
               | 
               | So help the poor. This has nothing to do with race.
        
             | xyzzyz wrote:
             | Indeed, but the goal of affirmative action as actually
             | practiced is not to help people who are unlucky in terms of
             | where they are born and are growing up, but to literally
             | just achieve desired racial balance. It is pure racism,
             | it's all about skin color.
             | 
             | This is why, for example, children of African immigrants
             | are something like half of black Harvard students, despite
             | being a minuscule fraction of population: they want to meet
             | their 13% black quota, but there are too few American
             | descendants of slaves who will not be utterly out of place,
             | so they make up the shortage with Africans.
        
               | peter422 wrote:
               | You don't believe there are 300 multi-generation American
               | black students per year that wouldn't be utterly out of
               | place at Harvard?
               | 
               | Don't throw out numbers like that unless you are willing
               | to back them up, because your claim seems completely
               | insane.
        
         | sanderjd wrote:
         | I love this confessional personal anecdote of ambivalence. I
         | often wonder how so many people seem to be so sure about how
         | they feel about seemingly everything. But you, I relate to.
        
         | e40 wrote:
         | This smacks of (and I don't mean this in an unkind way) of
         | pulling the ladder up after you use it.
         | 
         | Yeah, maybe you didn't need the extra help, but I'm pretty sure
         | there are still a LOT of people with your background that
         | did/do.
        
         | brodouevencode wrote:
         | > I went to MIT ... I was valedictorian [presumably in high
         | school] and had a perfect score on the SATs
         | 
         | > I've always wondered if being Hispanic helped me get into
         | college or into jobs
         | 
         | I've been on plenty of hiring committees for engineers and
         | product owners. The fact that you have stellar academics and
         | went to MIT stands out well more than your name or whatever
         | your skin color is. Good for you for your accomplishments.
         | 
         | AA had a purpose and place at some moment in time. I think that
         | moment has passed.
        
           | falcolas wrote:
           | > AA had a purpose and place at some moment in time. I think
           | that moment has passed.
           | 
           | Given how women and people with disabilities are still
           | largely absent from these discussions and who still face
           | massive challenges in breaking into some industries - let
           | alone leadership roles in those industries - I think AA still
           | had a place.
           | 
           | I think it's a mistake to say that absent AA we have a pure
           | meritocracy. Instead the discrimination is simply based on
           | criteria that we (US voters) no longer have a say in.
        
             | Maxion wrote:
             | > Given how women and people with disabilities are still
             | largely absent from these discussions and who still face
             | massive challenges in breaking into some industries - let
             | alone leadership roles in those industries - I think AA
             | still had a place.
             | 
             | Throwing out a philosophical question, is the end goal that
             | every industry, workplace, and residential are to have a
             | completely equal proportion of every group label that can
             | be created?
        
               | kaitai wrote:
               | Nah, I just want to have a fair chance in any industry I
               | go into, rather than being measured on a different meter
               | stick.
        
               | mrguyorama wrote:
               | Fun, that's something that black people want, and yet are
               | denied, simply for being black.
        
               | burkaman wrote:
               | Not every workplace and residential area, those are often
               | too small to expect perfect statistical representation.
               | But for every industry, yes I think that's the goal.
               | "every group label that can be created" is quite broad,
               | this obviously only applies to labels like gender,
               | ethnicity, etc. that have no impact on ability.
        
               | nradov wrote:
               | Should professional sports have gender balance?
        
               | falcolas wrote:
               | Is there a reason they should not? Or at least have
               | representation?
               | 
               | With such a small subset of the population, statistically
               | there wouldn't be an even mix. But IMO there should be at
               | least some representation of every "protected" attribute.
               | There's plenty of women with the physique and skills to
               | fill roles in the NFL, for example. Not every player
               | needs to be able to be a linebacker, after all.
        
               | goatlover wrote:
               | > There's plenty of women with the physique and skills to
               | fill roles in the NFL, for example. Not every player
               | needs to be able to be a linebacker, after all.
               | 
               | Doubt it, outside of possibly kicker. Otherwise, you
               | wouldn't see the biological differences in track and
               | field performances between males and females, given how
               | much football relies on physical attributes like size,
               | strength and explosiveness.
               | 
               | There could be a professional female league of course,
               | like the WNBA for basketball. But if even tennis has to
               | keep men and women separate to be fair, then there's
               | little chance a physical sport like the NFL would be
               | competitive for women alongside men.
        
               | falcolas wrote:
               | > Otherwise, you wouldn't see the biological differences
               | in track and field performances between males and
               | females, given how much football relies on physical
               | attributes like size, strength and explosiveness.
               | 
               | I will grant you this. A top-level woman can not out-
               | physical a top-level man.
               | 
               | But, there's more to professional sports than just
               | physicality. You brought up Tennis - but as proven in the
               | various exhibition matches, women have not been cleanly
               | swept as one might expect, and many have won over the
               | years.
               | 
               | This leads me to say that there's room even in the
               | physically intensive sports for both genders, not to
               | mention in the less physically intensive sports.
        
               | nradov wrote:
               | Are you sure about that? I don't think there has ever
               | been a tennis match played under normal rules where a top
               | pro woman has beaten a similarly ranked pro man. In the
               | most recent such major exhibition, Karsten Braasch easily
               | defeated both Williams sisters even though he was only
               | ranked #203. The difference in speed and power is
               | enormous, to the extend that at elite levels women and
               | men are playing totally different games.
               | 
               | https://en.wikipedia.org/wiki/Battle_of_the_Sexes_%28tenn
               | is%...
        
               | brodouevencode wrote:
               | > There's plenty of women with the physique and skills to
               | fill roles in the NFL, for example.
               | 
               | Please provide three examples. I played college football
               | at a tiny division 2 school and have never met a woman (I
               | live in the gym these days) for which this is close to
               | true.
               | 
               | Even if you're referring to a low/no contact position
               | like kicker/punter you're still under threat of a 220 lb
               | linebacker destroying you [1].
               | 
               | [1] https://www.youtube.com/watch?v=VqjGBqDwhUU
        
               | [deleted]
        
               | mrguyorama wrote:
               | We live in a society where it's impossible for any woman
               | to ever even do college football in any serious capacity.
               | Of course there are zero NFL capable women in that
               | system, do you think people just magically and
               | spontaneously arise from the aether fully developed to
               | such capacity?
        
               | nradov wrote:
               | How is it impossible? There are no rules barring women
               | from playing college football. They can try out for the
               | team like any other student, and if they're good enough
               | then they'll get playing time.
        
               | brodouevencode wrote:
               | It requires a physical and genetic predisposition to even
               | start to qualify for the NFL and most college teams -
               | which was my point.
        
               | burkaman wrote:
               | Kind of a complicated question, but not necessarily,
               | gender (or sex I guess) does impact ability in many
               | sports.
               | 
               | I say complicated because it's not just about the number
               | of people employed, but also how much they're paid,
               | whether or not there are separate leagues, what about the
               | coaching staff, etc.
               | 
               | It's fine to think of pro sports as one of the very few
               | professions where you're performing so close to the human
               | limit that biology actually becomes a factor. It's not
               | just gender, for example short people won't be equally
               | represented in many sports, which does not need to be
               | true for almost any other job.
        
               | reducesuffering wrote:
               | So you believe that in every industry where men have less
               | than 50% representation (also college admissions), they
               | are being discriminated against, because our goal should
               | be 50/50?
        
               | burkaman wrote:
               | Direct discrimination is not always the primary cause,
               | sometimes there is a self-selection issue caused by
               | broader societal or cultural issues. But yes, in nursing
               | for example, there is no inherent reason for the 90/10
               | women/men gender split in the US, and we should aim to
               | equalize that. I don't know what causes it, probably some
               | combination of discrimination by employers and patients,
               | and cultural norms that discourage men from pursuing
               | nursing.
               | 
               | Also, given that the split of working-age humans is quite
               | close to 50/50, if we successfully equalize male-
               | dominated industries, we would expect female-dominated
               | industries to also equalize just because of the available
               | employees. As in, we shouldn't just consider each
               | industry in isolation, they're all part of one big
               | society, and they all impact each other.
        
               | reducesuffering wrote:
               | You don't see any possibility that the 90/10 split is in
               | some part due to each genders' preferences, in general?
               | You don't think that, in general, women prefer more
               | social careers and less staring at a screen for 8 hours?
               | 
               | For example, men are well established to be physically
               | stronger in general, so fields requiring heavy manual
               | labor like parts of construction requiring a certain
               | level of strength, will naturally favor men. All else
               | equal, this pulls men from other fields so that the other
               | fields would be like 52/48 women/men. Of course things
               | aren't equal and we see an amalgamation of different
               | factors, some preferential, some physical, some
               | discriminatory, leading to imbalanced outcomes. But
               | remove the discriminatory and that doesn't mean you get
               | 50/50.
               | 
               | If not, then by a purely discriminatory worldview, men
               | are severely discriminated against in higher education by
               | their low college attendance rates.
        
               | burkaman wrote:
               | > You don't think that, in general, women prefer more
               | social careers and less staring at a screen for 8 hours?
               | 
               | I don't think there's any biological reason for that, and
               | if it's true I think it's due to mostly contrived
               | cultural factors that are themselves caused by historical
               | discrimination.
               | 
               | > If not, then by a purely discriminatory worldview, men
               | are severely discriminated against in higher education by
               | their low college attendance rates.
               | 
               | Yes, I'm not fighting you on this, I don't know who
               | you're arguing with. There used to be a male bias in
               | college admissions, now there is a female bias. There is
               | clearly no biological explanation, so it must be due to
               | the discrimination and cultural factors I described.
        
               | balls187 wrote:
               | Equal proportion? No.
               | 
               | Equal opportunity to participate, yes.
               | 
               | It starts with a basic belief--do you agree that US
               | Society is disadvantageous for certain racial
               | demographics?
        
               | falcolas wrote:
               | > is the end goal that every industry, workplace, and
               | residential are
               | 
               | Well, if we follow the meritocratic ideology that
               | everyone has the same opportunities available to them, it
               | would be a natural conclusion. There is nothing that
               | inherently causes a specific skin color or gender to have
               | the ability to capitalize on an opportunity.
               | 
               | But, not all things are equal, so IMO we need to give
               | folks help in ensuring that the same opportunities are
               | actually available to them. Provide help with ensuring
               | that everyone has the same tools available to them to
               | capitalize on those opportunities.
               | 
               | Now then, WRT disabilities, this gap in opportunities and
               | tools to capitalize on the opportunities is even greater.
               | However, given that the one constant in life is that "you
               | will become disabled, unless you die first", it makes no
               | sense to leave those with disabilities behind.
        
               | athenaRising wrote:
               | "Well, if we follow the meritocratic ideology that
               | everyone has the same opportunities available to them, it
               | would be a natural conclusion" - no, there's always
               | endogenous interactions. Protected class identity isn't
               | randomized.
               | 
               | "There is nothing that inherently causes a specific skin
               | color or gender to have the ability to capitalize on an
               | opportunity." The word "inherently" is doing all the work
               | here by making acknowledgement of endogeneity look
               | bigoted. But whether any of the thousands of factors that
               | produce an outcome are "inherent," whatever that means,
               | is irrelevant. You should always expect endogenous
               | interactions if you haven't used a methodology that
               | prevents it, like randomized blind experiments,
               | difference in difference, instrumental variables, etc.
        
               | parineum wrote:
               | > it would be a natural conclusion
               | 
               | The counterfactual to that claim is nursing. Nursing is a
               | very good job that has a relatively low barrier of entry
               | yet the field is 88% female. The reason for that might be
               | cultural but the reason is certainly self-selection, not
               | discrimination. However, the difference may, in fact, be
               | genetic (hormonal, more likely).
               | 
               | Nursing is the mirror image of programming. If the gender
               | compositions were reversed, the campaigns for STEM would,
               | instead, be for healthcare.
               | 
               | It may not be useful to look at outcomes to determine if
               | opportunities are equal. It may be harder, but looking at
               | opportunities to determine if opportunities are equal is
               | really the only option.
        
               | falcolas wrote:
               | Ironically, when it comes to nursing, no small part of
               | the gender difference is because of discrimination
               | against male nurses by doctors, nurses, and patients.
               | 
               | Until that's addressed, we can't even begin to assert
               | that Nursing is inherently a field dominated by a single
               | gender. Ditto teaching, writing, and so forth.
               | 
               | "discrimination of men in nursing" returns some great
               | resources for looking into this further.
        
               | klyrs wrote:
               | Likewise, there's discrimination against women doctors by
               | doctors, nurses and patients. These are two sides of the
               | same shitty coin.
        
               | balls187 wrote:
               | Nursing may be 88% female, but outcomes in nursing show a
               | disparity based solely on race.
               | 
               | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4799908/#:~:
               | tex....
        
               | prottog wrote:
               | > if we follow the meritocratic ideology that everyone
               | has the same opportunities available to them, it would be
               | a natural conclusion
               | 
               | It's a natural-sounding conclusion that has no
               | evidentiary basis in reality. Different cultural and
               | ethnic groups value and specialize in different things,
               | which over generations make for significant differences
               | in the average member of those groups.
               | 
               | This is one of the biggest fallacies when it comes to
               | policies that incorporate preferences based on racial,
               | gender, or whatever other demographic basis you can think
               | of: that absent biases (or "structures of oppression" or
               | what have you), each and every subsection of society will
               | reflect the composition of the whole more or less
               | perfectly.
               | 
               | Asians are 6.3% of the US population yet comprise only
               | 0.1% of the NFL (literally a handful of players among
               | 1500+ in the active roster). Is it because football
               | racially discriminates against Asians? No, it's because
               | Asians as a whole are not very interested in being
               | professional football players. There's nothing that stops
               | the odd individual of Asian descent from making it to the
               | NFL.
               | 
               | Women are roughly half of the population yet comprise
               | only 13% of taxicab drivers. Is there a taxicab union
               | that's preventing women from joining? No, on the whole
               | women aren't very interested in being taxicab drivers.
               | There's nothing that stops the odd woman from being one,
               | though.
               | 
               | So on and so forth for literally every slice of life you
               | can think of; you will never find anything that reflects
               | the demographics of the underlying society. Hell, even
               | the demographics of the 50 states don't reflect the
               | demographics of the country as a whole. Vermont is only
               | 1.5% black, whereas Alabama is nearly 30% black. By that
               | metric, Vermont would be 20x as discriminatory against
               | black people, wouldn't it?
        
               | worrycue wrote:
               | To have complete equality of outcome between ethnic
               | groups would surely involve homogenisation of their
               | cultures. That sounds totalitarian as hell if you ask me.
        
               | falcolas wrote:
               | > So on and so forth for literally every slice of life
               | you can think of; you will never find anything that
               | reflects the demographics of the underlying society.
               | 
               | Aside from discrimination built into the slices of life,
               | sure.
               | 
               | To use your NFL example, a pull quote from a 2022 Yahoo
               | article: "Those who did come faced virulent racism and
               | discrimination". There's a number of articles on Google
               | under the search "nfl discrimination against asians"
               | which show the same thing.
               | 
               | This can be repeated with similar results for all of the
               | other examples you've brought up as well.
               | 
               | And when there's discrimination happening in the
               | workforce, it can't be used to say "this is the natural
               | balance of [attribute] in the workforce".
        
               | naniwaduni wrote:
               | Can you take the smallest slice, "people who are
               | literally exactly you" and find no preferences that can't
               | be attributed to discriminatory experiences?
        
               | worrycue wrote:
               | > Well, if we follow the meritocratic ideology that
               | everyone has the same opportunities available to them, it
               | would be a natural conclusion. There is nothing that
               | inherently causes a specific skin color or gender to have
               | the ability to capitalize on an opportunity.
               | 
               | But why divide things along skin color? There are so many
               | ways to group people, income of parents, whether they are
               | from single parent homes, history of severe illness in
               | family line, ... etc. No one seems to care about equal
               | outcomes when it comes to such groupings though.
        
               | EatingWithForks wrote:
               | Additionally WRT disabilities we actually need disabled
               | people (i.e. pregnancy) in order for society to continue!
        
               | vxNsr wrote:
               | You're saying you want to encourage 85 year olds with
               | arthritis and glaucoma to keep working until they keel
               | over? Why put them through that?
        
               | falcolas wrote:
               | No, I'm not saying that - and it's rather disingenuous to
               | even infer that statement from my post.
               | 
               | However, if an 85 year old with arthritis and glaucoma
               | _wants_ or _needs_ to join the workforce, they should
               | have the opportunity and the tools available to them.
               | Many from the Baby Boomer generation are finding
               | themselves in the  "needs" category, for example.
        
             | brodouevencode wrote:
             | How are women absent from these discussions? And what
             | industries are you referring to?
        
               | falcolas wrote:
               | The SC canned AA due to racism, even though AA also
               | applied to gender and disability. So the value of AA for
               | women (and men) and disabled people was completely
               | disregarded.
               | 
               | One potential industry to consider, especially
               | considering the site we're on, is startup entrepreneurs -
               | especially those who are able to get VC and Angel
               | funding.
        
               | brodouevencode wrote:
               | My understanding is that they didn't can AA whole cloth -
               | but that race cannot used as a consideration in
               | admissions.
        
             | 1234letshaveatw wrote:
             | MIT's acceptance rate for women is more than double that of
             | male applicants (11% v 5%)?
        
               | falcolas wrote:
               | Those NBs are really making some inroads into MIT then,
               | aren't they?
        
             | BlueTemplar wrote:
             | Sure, but we're talking here specifically a policy based on
             | a racist concept, which goes on to normalize it, aren't we
             | ?
        
               | falcolas wrote:
               | The policy was based on several factors, of which race
               | was one.
               | 
               | And helping some groups of people - yes, sometimes the
               | grouping is determined by race - is not discriminating
               | against everyone else.
               | 
               | In other words, lifting Asians, Blacks, Hawaiians, and
               | Eskimos is not being racist towards "Whites" as is
               | asserted elsewhere in this discussion. I use quotes
               | because white is a pretty new categorization. It used to
               | be Germans, English, Italians, Irish, etc.
        
           | hospitalJail wrote:
           | >The fact that you have stellar academics and went to MIT
           | stands out well more than your name or whatever your skin
           | color is.
           | 
           | But his dad did use it to their advantage. OP then gets to
           | grow up in an upper-class city with a great school district.
           | 
           | Meanwhile some white or asian person gets bumped off, and
           | instead of their kids growing up in that area, they grow up
           | in a worse school district.
        
             | hondo77 wrote:
             | > Meanwhile some white or asian person gets bumped off, and
             | instead of their kids growing up in that area, they grow up
             | in a worse school district.
             | 
             | Because if someone can't go to MIT, they're doomed to a
             | life of abject poverty? Really?
        
               | hospitalJail wrote:
               | Depends on what they lost on.
               | 
               | A premed, biology grad just lost out on a 500k/yr job by
               | not getting into medical school.
               | 
               | OPs dad got into medical school with this discrimination,
               | so its not a leap to imagine OP would have grown up in a
               | lower middle class area if not for discrimination.
        
               | hondo77 wrote:
               | > A premed, biology grad just lost out on a 500k/yr job
               | by not getting into medical school.
               | 
               | Into _that_ medical school. There are others.
        
               | hospitalJail wrote:
               | pedantic
        
               | parineum wrote:
               | If that were always true, AA wouldn't be needed. OPs data
               | could have just gotten into a different school where they
               | don't discriminate.
        
             | brodouevencode wrote:
             | When his dad was coming through it was probably necessary.
             | His dad capitalized on it and made seemingly good use of it
             | by becoming a doctor.
        
         | xienze wrote:
         | > I know I've always wondered if being Hispanic helped me get
         | into college or into jobs, but the flip side is that other
         | people must wonder the same...
         | 
         | What I find amusing is that black college students tend to have
         | a MASSIVE chip on their shoulder about people assuming that
         | affirmative action helped them get in or get a job, but suggest
         | that affirmative action should be eliminated and here comes the
         | rhetoric about how black people will be banned from ever
         | attending college or getting a good job. Affirmative action
         | helps everyone else, but not me! No sir, I was 100% merit-
         | based!
        
         | mtklein wrote:
         | Hey dude, I was in your class, and I can say firsthand that you
         | deserved to be there like any of us.
         | 
         | Almost everyone at a place like MIT feels some impostor
         | syndrome, and I think maybe even for good bogus-mathematical-
         | theorem reasons: if a place like MIT tries to select from the
         | top few percent of a normal distribution, that new distribution
         | after selection will look bottom-heavy (and feel that way
         | around campus). We all knew those few incredible superstars who
         | could run laps around us, but that doesn't mean you're not a
         | star too.
        
           | DesiLurker wrote:
           | Hmm, I can definitely say I've seen a version of that at
           | Indian IITs. all great students but most feel like imposters
           | there. also the subtle thing is that the risk/reward calculus
           | gets f-ed up, meaning, for all the students who have been at
           | the top of their games wherever they came from now the
           | rewards for significant incremental efforts were minuscule.
           | So I have seen many disengage & get into 'enjoy life' mode.
        
           | SCAQTony wrote:
           | "It's simple: overspecialize, and you breed in weakness. It's
           | slow death." -- Major Motoko Kusanagi (Ghost in the Shell)
        
           | blagie wrote:
           | I had no impostor syndrome. Many of my peers didn't either;
           | it's certainly not the case that almost everyone feels it.
           | There seemed to be little correlation between ability and
           | impostor syndrome too, so it's not a question of ability. But
           | I digress.
           | 
           | Decades out, and understanding university admissions in-and-
           | out:
           | 
           | 1) At least an order of magnitude more people "belong" at MIT
           | than there's space for. Elitist universities manufacture
           | scarcity.
           | 
           | 2) It's a pretty random process if you get in or not. The
           | level of noise in admissions is huge.
           | 
           | 3) It's not a meritocracy otherwise. There isn't a single
           | axis of "quality," and if there were, it's not what
           | admissions selects for. A lot of this became public with the
           | Harvard lawsuit, where it turned out close to half of white
           | students at Harvard got in through back doors (alumni,
           | legacy, children of faculty, athletics, etc.). MIT is
           | different, but no better.
           | 
           | 4) Where you go matters a lot less than we make it out to. So
           | much of MIT (and other elite schools) is about building out
           | alumni as brand ambassadors. It's like the magic of Disney --
           | manufactured by PR departments to fool people. MIT builds
           | itself on being hyper-elite, but there's no difference in
           | quality of individuals at MIT, Georgia Tech, or many other
           | good schools.
           | 
           | 5) The elite school advantage is mostly in having a brand
           | stamp and a power network when you graduate, not educational.
           | That helps a lot of you're trying to be a CEO, faculty
           | member, or similar, but not so much for the jobs 90% of my
           | MIT-graduating peers are in. The educational outcomes are the
           | same.
           | 
           | Unfortunately, the "best-and-brightest" brand-building leads
           | to things like impostor syndrome. It may help if you know you
           | were manipulated, but it probably won't. It's pretty deeply
           | embedded in most graduates, and even if you know everything
           | in this post internally, most people take decades to
           | internalize it.
           | 
           | Breaking conditioning is hard.
        
             | kernal wrote:
             | >2) It's a pretty random process if you get in or not. The
             | level of noise in admissions is huge.
             | 
             | So the person that got into Stanford by writing
             | #BlackLivesMastter 100 times was just a coincidence?
        
             | sanderjd wrote:
             | > 1) At least an order of magnitude more people "belong" at
             | MIT than there's space for. Elitist universities
             | manufacture scarcity.
             | 
             | This is how I've always felt when I'm involved in hiring
             | (especially when I was at Google). I don't relate to the
             | whole "nobody can do fizzbuzz" thing at all. There are _so
             | many_ ridiculously smart and talented people out there, and
             | so many bottlenecks letting fewer of them through than
             | would actually be capable of succeeding. I think it ends up
             | being almost entirely luck who gets through these
             | bottlenecks and who doesn 't, because of this. I have found
             | it very dispiriting to see candidates who I felt were
             | definitely better than me be rejected by hiring processes
             | that I made it through, and realizing that I was just lucky
             | and they were just unlucky.
        
               | googhopeful000 wrote:
               | as someone who's going through the Google hiring pipeline
               | right now (as a candidate), I just wanted to say thanks
               | for these nice words of encouragement / rational thinking
               | about all of this.
               | 
               | the process (this isn't Google's fault) feels quite a bit
               | like a semi-objective judgement about my competency and
               | worth (both as a professional... and individual). sure, I
               | know I "shouldn't" think like that, but it's overall very
               | very tough.
               | 
               | thanks for a clear headed view on it all.
        
               | blagie wrote:
               | Hiring is a die roll. Here's a good model:
               | 
               | - You want to hire someone with a competency of 100 units
               | 
               | - A bad hire is expensive, and you definitely don't want
               | one slipping in.
               | 
               | - There is a noise floor in the interview process of 50
               | units
               | 
               | - This means you need to set the hiring bar at 150 units
               | to be sure no one below 100 units slips in
               | 
               | This means the vast majority of qualified people won't be
               | hired (which is okay; the cost of a lost hire is low),
               | but you're very unlikely to get the person who can't pass
               | fizzbuzz.
               | 
               | The flip side is that the job applications are saturated
               | with idiots. Consider this model:
               | 
               | - You have 100 people in a work force.
               | 
               | - 95 are qualified, and quickly find jobs after 1-6
               | interviews. They stay in those jobs until they get bored,
               | typically 3-10 years.
               | 
               | - Five can barely tie their shoelaces. They send out
               | hundreds of resumes until they get hired, and then stay
               | in jobs until they're found to be incompetent and fired,
               | typically 3-6 months.
               | 
               | Although there are O(20x) as many qualified people as
               | unqualified, they'll send out at most 100 resumes per
               | year, and so job applications are dominated by the
               | unqualified ones. This means hiring needs a very high
               | noise floor, indeed, and a few idiots will still sneak
               | in.
               | 
               | This is oversimplified in a millions ways, but it's why
               | you probably won't get a Google offer no matter how good
               | you are. Interviews have a huge noise floor, and to be
               | hired, you need to be qualified AND have a good day. How
               | good a day depends on how qualified you are, but that's
               | why you see twitter posts from world-famous developers
               | about not qualifying for this job or the other.
        
             | azinman2 wrote:
             | I would disagree with your larger point. While I didn't go
             | to GATech (although I did get in), I did go to MIT and a UC
             | as well as a state school and community college. I've also
             | worked for a couple of FAANGS, startups, etc. So I've seen
             | a diversity of environments and the people in them. MIT by
             | far had the highest concentration of top talent of anywhere
             | I've been. It also had _culturally_ the most ambition which
             | pushed people into excellence, even if they didn't know
             | they were capable of it. I was in an honors society at my
             | UC, and there were very bright people who went onto top
             | graduate schools, but overall the percentage of them was
             | lower in the school (which was already hard to get into),
             | and the ambition level was much less despite (for this
             | group) raw talent being similar.
             | 
             | Of course there are more people who deserve to be there
             | than there is room. But keeping it small allows it to
             | achieve something special that being bigger wouldn't allow.
             | Those that do make it in are by and large absolutely top
             | talent.
             | 
             | So it's not just education and network that matters. I'd
             | argue culture is one of the most important under-
             | appreciated aspects. And MIT culture is top notch.
        
         | mywittyname wrote:
         | My friend, you absolutely deserved to go to MIT. I'm sure the
         | person you "beat out" for your spot landed at a different, but
         | equally impressive college and had an experience that they
         | wouldn't trade for anything.
         | 
         | > Though I possibly have been discriminated "for", and
         | benefited tremendously from it.
         | 
         | So have a lot of people. You're probably surrounded by people
         | whose familial background benefited them in numerous ways. You
         | just happen to have some empathy about yours.
        
         | strikelaserclaw wrote:
         | Do "white" hispanics face the same issues as those of say
         | Indian heritage?
        
           | peruvian wrote:
           | I'm a white Latino and no, we don't. Maybe on paper if
           | someone assumes I'm mixed or Afrolatino, but I get all the
           | privilege of being white passing. Not only that, if I'm
           | hanging with brown Latinos they feel safer with me. I've
           | often seen my friends stopped by police or given looks when
           | alone but not with me.
           | 
           | The whole Hispanic thing is a mess in the US. Not only due to
           | color of skin but culture and class. I have friends in my
           | home country who are mixed and dark skinned but culturally
           | fit with a suburban white American more.
        
             | erickhill wrote:
             | I took a class in college that focused on Latino culture in
             | the US. It was taught by a professor originally from Puerto
             | Rico. For context, this class was taught in Los Angeles.
             | 
             | He said that even across central and south American
             | cultures skin tones affected how people were perceived and
             | treated as applied to class. The lighter the skin the
             | better in most cases but not all. He wasn't proud of it or
             | endorsing it, just stating it as a fact of life in many
             | countries. And he'd been on the other side of that
             | perception, too. He later intersected those prejudices with
             | the interesting pride many take (or appropriate) from the
             | art and symbols of indigenous and ancient civilizations
             | (Aztec, Mayan, etc.) even if there were no direct
             | biological ties. It's a very complicated topic with
             | countless caveats and anecdotal experiences.
             | 
             | But the biases we witness and experience in the US are not
             | unique by any means, that's for sure.
        
             | Der_Einzige wrote:
             | It also doesn't help that
             | 
             | 1. Latinos are extremely colorist in their own countries
             | and have serious racism from the "European" heritaged ones
             | vs the "indigenous" ones. This dynamic is a big deal in
             | latin america
             | 
             | 2. Latinos in the USA voted more heavily from Trump in 2020
             | than in 2016, and iirc trump got like 39% of the latino
             | vote in 2020. Latinos are extremely conservative and are
             | straight up abandoning catholocism and embracing
             | evangelical protestantism due to the "liberalisation" of
             | the catholic church.
        
         | 1024core wrote:
         | I grew up in India, where they have taken "affirmative action"
         | to the logical extreme: there are explicit quotas in
         | admissions, jobs, etc. You can have up to 50% (if not more)
         | seats in a college reserved for somebody or the other from some
         | historically marginalized/discriminated classes. As a result,
         | you have situations where somebody from a marginalize class
         | scores, say, 30 in the entrance exam and still gets in, whereas
         | somebody from the "general" class scores 90 and still doesn't
         | get in.
         | 
         | Where I'm going with this is: this remedy (affirmative action)
         | is a terrible one; because once it is in place, it is
         | impossible to get rid of (notwithstanding today's USSC
         | decision, which was caused by a unique confluence of factors
         | which resulted in a court dominated by conservatives). No
         | political party will want to touch it in the future, and if at
         | all, politicians will fall over each other trying to add more
         | and more reservation for their voting blocks.
         | 
         | IMHO, the solution to historical discrimination is not to lower
         | the standards of admission, but to raise the standards of
         | applicants. Inner city schools are terribly lacking in quality
         | teachers, resources, facilities, etc. and that's where the fix
         | should start. Make inner city schools so good that white
         | families will lie about their residential status to get their
         | kids into those schools. This, of course, requires hard work on
         | the part of politicians, so instead, they choose the easy way
         | out: let's just lower the standards.
        
           | OkayPhysicist wrote:
           | Inner city schools are terrible, not for a lack of resources,
           | but for a lack of familial support. I live in a state where
           | those inner-city schools receive substantially _more_ funding
           | (per student, and total) than ones in wealthy suburbs. Yet,
           | guess what, the wealthy suburbs still have wildly better
           | outcomes. Turns out the parents working several jobs to try
           | to make ends meet have less time to push their kid to succeed
           | than the stay-at-home moms. Why are poor neighborhoods
           | predominantly made up of groups that are minorities in the
           | American population? Because America, within the last few
           | generations by law, and up through today by social
           | convention, has given fewer opportunities to succeed to these
           | marginalized groups, including in education.
           | 
           | Left to its own devices it's a cycle of poverty: Better jobs
           | go to the better educated, better educations go to the people
           | with parents who had better jobs. When you had a legal system
           | actively applying a cap to the success of people in these
           | groups less than 3 generations ago, it should come as no
           | surprise that it takes active measures to unfuck the mess.
        
             | 1024core wrote:
             | > Inner city schools are terrible, not for a lack of
             | resources, but for a lack of familial support.
             | 
             | But we've known this for a long time, and still refuse to
             | deal with it. With some resources you can deal with this
             | issue.
        
         | Covzire wrote:
         | Here's a crazy idea, how about universities lower costs?
         | They're spending insane amounts of student Tuition on
         | Administrators that were never necessary in the 80's or 90's or
         | even most of the 00's. Why are colleges hiring so many
         | administrators, some even approaching 1 administrator per 1
         | student, how is that sustainable?
        
           | mips_r4300i wrote:
           | Every day just after 5pm, sitting in my college's Engineering
           | atrium, I would start to see a veritable army (dozens and
           | dozens) of youngish, well-dressed people walk out to the
           | parking lot and leave. They weren't faculty, because I knew
           | all of the faculty, and they weren't students. They had
           | little embossed metal nametags.
           | 
           | I suddenly realized that the classrooms and labs I knew were
           | only a tiny part of the actual building, and we were
           | outnumbered.
        
         | shultays wrote:
         | I was interviewing a person and in post interview meeting with
         | HR and managers, HR made a comment like "this would be the
         | first hire from country X"
         | 
         | After the meeting I noticed that I am the first person that was
         | hired from my country. I am still wondering if a similar
         | comment was made about me as well
        
         | whateveracct wrote:
         | Hah this mirrors my life & experience to a T! [1] I had other
         | "high-achieving" kids at my school be sour grape-y about the
         | MIT thing, saying I only got in because I was Mexican. On the
         | one hand, it probably helped. On the other, I was imo clearly a
         | cut above them academically.
         | 
         | I've never really had an identity crisis about it though. I'm
         | white, but I'm also Mexican. The majority of my extended family
         | is Mexican (I basically have no extended family on any maternal
         | branches). But I wasn't raised to speak Spanish and in general
         | had a pretty generic white American upper-middle-class
         | upbringing. Both are parts of who I am and neither deserves
         | shame or uplifting.
         | 
         | [1] Except while I got into MIT, I did not go (went to my very
         | good in-state school - whole other topic + I am very happy with
         | the outcome.)
        
           | prottog wrote:
           | > Both are parts of who I am and neither deserves shame or
           | uplifting.
           | 
           | This is a good point. I've always thought that my esteem of
           | anybody should not change based on immutable characteristics
           | of that person, or other factors that they had no material
           | choice in being.
        
         | [deleted]
        
         | balls187 wrote:
         | Do you think this ruling will help or hurt people who identify
         | as Hispanic?
        
         | surement wrote:
         | > I went to MIT, and to this day I wonder how much checking
         | "Hispanic" helped me there and if I "deserved" to go.
         | 
         | the problem with aa is not about people getting in that didn't
         | "deserve" it, it's people getting in who don't have the means
         | to succeed; elite colleges brag about their diverse admissions
         | but don't talk about people who go on to fail when they
         | could've succeeded at less prestigious schools
         | 
         | if you succeeded then you deserved to get in.
        
         | TheBigSalad wrote:
         | Take every advantage you can get. Don't be sorry.
        
         | tqi wrote:
         | I think the idea that anyone "deserves" to what they get is
         | misguided at best. None of us got to where we are on our own,
         | so I think all that we can really judge ourselves on is how we
         | use the opportunities that we are given.
         | 
         | For me the most hurtful revelation from the Harvard case was
         | their use of "personality scores" which were systematically
         | lower for Asian applicants[1]. I don't mind that students from
         | other backgrounds might be given a leg up in admissions. What I
         | do mind is the implication it is because who I am is somehow
         | less than - less interesting, less personable, less "deserving"
         | - rather than merely a mechanism to create diversity. The
         | latter is an attempt to rectify historical injustices, while
         | the former an attempt to fuck up someone's sense of self worth.
         | 
         | [1] https://www.nytimes.com/2018/06/15/us/harvard-asian-
         | enrollme...
         | 
         | Harvard consistently rated Asian-American applicants lower than
         | others on traits like "positive personality," likability,
         | courage, kindness and being "widely respected," according to an
         | analysis of more than 160,000 student records filed Friday by a
         | group representing Asian-American students in a lawsuit against
         | the university.
        
           | e40 wrote:
           | I completely agree. I think these scores were merely a made
           | up metric so they could discriminate against Asians.
        
         | az226 wrote:
         | Harvard has said that 85% of students who apply would do well
         | academically, but they only accept like 4%.
        
         | zapataband1 wrote:
         | If your family benefited from it and taking it away is now
         | 'good' then it sounds like you're saying you couldn't care less
         | about any future generations who could've used this ladder to
         | better their lives. As the immigrant, much like your father,
         | whose father is a construction worker, that's how it reads.
        
           | peruvian wrote:
           | This. "I got mine so no one else needs it". And sorry GP but
           | you absolutely got into MIT partly because of your ethnicity
           | - along with your grades of course. I benefited from that as
           | well and it was fairly clear.
        
             | catiopatio wrote:
             | The problem is that it's a zero sum game - if you've
             | benefited from it, then someone else was discriminated
             | against on the basis of their race for your benefit.
        
               | uoaei wrote:
               | That's simply not true, it is largely on colleges to
               | improve staffing and facilities to accommodate more
               | students. It is well-known that populations generally
               | increase so especially public schools should probably try
               | to understand and address that. Due diligence is
               | something we should ask of our publicly funded services.
               | 
               | It's not the role of students to delay or defer their own
               | education out of some sense of guilt.
        
               | zapataband1 wrote:
               | Someone else, who historically was a white person that
               | benefited from their race in every other aspect of
               | society
        
             | dmix wrote:
             | Everyone obsesse about Harvard/MIT but AA affects every
             | school and not all of them give you a fancy big name on a
             | resume.
             | 
             | And if we are talking high end schools I've also read it's
             | not simply a matter of getting admitted and that the rates
             | of affirmative action candidates drops outs at much higher
             | rates, which hurts/delays their chance to succeed in the
             | future because they would have been better off dominating
             | at a lower percentile school.
        
             | _gabe_ wrote:
             | >> I was valedictorian and had a perfect score on the SATs
             | 
             | Sounds like OP certainly deserved it to me. Instead we have
             | these perverse incentives to go to "elite" schools purely
             | because of the school's name (not because you're really
             | getting that much of a better education than you would in a
             | different top 100 university). These schools end up with
             | thousands of applicants who definitely deserve to get in,
             | but they need to cull the group of perfect candidates
             | somehow because of practical considerations like faculty to
             | student ratio. Whether they discriminate using race, or
             | implement a lottery system, there's plenty of candidates
             | that deserve the entry but don't get in because of
             | practical limitations.
             | 
             | I certainly didn't get perfect scores on the SAT and I
             | certainly wasn't valedictorian.
             | 
             | This mentality is very gross, and treats life like it's a
             | fair game with clear winners and losers. Life is messy, and
             | you can still do every single thing right and end up worse
             | off. Likewise, you can, and many people do, fail "up" into
             | extraordinary positions of power due to no merit of your
             | own.
        
         | kenjackson wrote:
         | Why do you think you didn't belong? I know a lot of white and
         | Asian MIT grads and only one had perfect SAT scores. And
         | several were valedictorian, but I'm not sure it was the
         | majority.
         | 
         | Curious how often you wonder if the white people you work with
         | had an advantage by not being historically discriminated
         | against? Probably never. And rightfully so. If people do wonder
         | then that's on them. There's a lot of dumb stuff people can
         | wonder about.
        
           | catiopatio wrote:
           | He wonders because there's been systemic sustained racial
           | discrimination for the benefit of people of his race.
           | 
           | It's one of the insidious and corrosive ways affirmative
           | action undermines the accomplishments of its potential
           | beneficiaries.
        
             | saddd wrote:
             | Hispanic isn't a race.
        
             | kenjackson wrote:
             | Do white people in general feel that way because of
             | systemic sustained racial discrimination for their benefit?
             | 
             | I get what you're saying, but racial discrimination has
             | worked against Latinos and Blacks for so long and in so
             | many facets of life -- you don't find it odd that this
             | singular event of college admissions trumps everything
             | else?
        
               | AuryGlenz wrote:
               | Most white/Asian people (especially men) living now
               | haven't really had any "systemic" advantages. It's been
               | the opposite for a while now.
               | 
               | If you want to argue non-systemic, then maybe. There will
               | always be some racist people out there, whether it's
               | white people favoring white people or black people
               | favoring black people.
        
               | kenjackson wrote:
               | This is an oft debated topic. Some possible examples of
               | system advantages include family wealth. Blacks
               | historically weren't allowed to have jobs that paid, or
               | were paid less than whites for the same work. Or weren't
               | allowed to own real estate. Or weren't given access to
               | the same loans (including federally subsidized loans).
               | Even as early as this year there have been cases of
               | discrimination relating to real estate and race.
               | 
               | So as a white male, when you inherit your parent's house,
               | that's system advantage built from advantages that most
               | blacks couldn't benefit from.
               | 
               | Additionally, where you live and proximity to better
               | schools. Blacks in many cases weren't allowed to move
               | into certain neighborhoods. Busing attemnpted (horribly)
               | to compensate, but even that now is largely no longer
               | done. Blacks simply tend to go to worse schools by almost
               | every metric (including total funding).
               | 
               | Health care is another example, where most research has
               | been done for white ethnicities. And there is still
               | discrimination in how health care is administered. And
               | health insurance coverage is still more difficult for
               | Blacks to get, and they often pay more for it.
               | 
               | These are a few examples of "systemic" discrimination
               | that benefits white people. There are literally books
               | written about this if you do want to research it
               | yourself.
        
               | prottog wrote:
               | > Or weren't given access to the same loans (including
               | federally subsidized loans)
               | 
               | I'm not sure which time period you're talking about, but
               | if it's the Boston Fed 1992 research on mortgage loans,
               | then it has had legitimate academic challenges to its
               | methodology.
               | 
               | > So as a white male, when you inherit your parent's
               | house
               | 
               | The same advantage goes to a black male who inherits his
               | parent's house, and the same disadvantage to anyone of
               | any color who did not inherit a house.
               | 
               | > where most research has been done for white ethnicities
               | 
               | The US was nearly 90% white as recently as 1960, and was
               | 75% white as of the 2000 census, so of course most
               | research that has been done in the past was done with
               | white research subjects.
               | 
               | Ultimately, nobody serious rejects the fact that there
               | was past de jure racial discrimination against blacks in
               | this country. What many people challenge is the notion
               | that present de jure discrimination is the only way to
               | remedy past de jure discrimination.
        
               | kenjackson wrote:
               | > I'm not sure which time period you're talking about,
               | but if it's the Boston Fed 1992 research on mortgage
               | loans, then it has had legitimate academic challenges to
               | its methodology.
               | 
               | I was referring to redlining. See
               | https://www.npr.org/2017/05/03/526655831/a-forgotten-
               | history...
               | 
               | > The same advantage goes to a black male who inherits
               | his parent's house, and the same disadvantage to anyone
               | of any color who did not inherit a house.
               | 
               | Of course, and any difference in equity associated with
               | the house. Around 75% of whites own a home versus 45% of
               | blacks. And as you know -- homeownership is the single
               | largest source of wealth for most people in the US.
               | 
               | > The US was nearly 90% white as recently as 1960, and
               | was 75% white as of the 2000 census, so of course most
               | research that has been done in the past was done with
               | white research subjects.
               | 
               | Of course. I'm talking about proportional representation.
               | See https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4670264/
               | 
               | > Ultimately, nobody serious rejects the fact that there
               | was past de jure racial discrimination against blacks in
               | this country. What many people challenge is the notion
               | that present de jure discrimination is the only way to
               | remedy past de jure discrimination.
               | 
               | The person I was responding to seemed to be making that
               | assertion. And I never said that discrimination was the
               | only way to remedy past discrimination.
               | 
               | The part that's disheartening is that so many people are
               | so up in arms about affirmative action -- and how its
               | discriminatory. But consider everything else we discussed
               | (and there's a lot more) as having no real impact. I
               | mean, why are we even talking about it...
        
               | mantas wrote:
               | What about people who come from families who immigrated
               | into US very recently? On both ends of affirmative
               | action. Why would sub-Saharan african immigrant get a
               | preferential treatment while eastern european one
               | wouldn't?
        
               | dumpsterlid wrote:
               | [dead]
        
             | uoaei wrote:
             | The opposite was true for the entire time affirmative
             | action was not in place. Hindsight doesn't make history
             | less relevant for our present for addressing
             | intergenerational inequities, just like foresight-blindness
             | doesn't make our present actions less relevant for our
             | future.
             | 
             | It's a hard problem.
        
           | nsfmc wrote:
           | i won't speak for gabe, but i (hispanic) had two distinct
           | (and memorable) instances at mit where a classmate told me,
           | to my face, that the only reason i was at mit was because i
           | was hispanic. one passed it off as common knowledge in a
           | group conversation, the other said it to me, unprompted,
           | while we were talking to each other. they were assholes, to
           | be sure, but it's not some hypothetical scenario.
        
         | chasil wrote:
         | Our world has foolish ideas with regard to class, and it is
         | best to set them aside.
         | 
         | Be the person that you are. That person is no more or less
         | worthy than any other.
         | 
         | The judgements of the world do seep into our subconscious, but
         | with a clean view, you can put them where they belong, which is
         | away.
        
         | ben7799 wrote:
         | You have standard high achiever imposter syndrome and probably
         | would if you were white/non-hispanic as well. You deserved to
         | be there...
        
       | max_ wrote:
       | Why don't they Just ban people from divulging what college thet
       | went to during Job applications?
       | 
       | Not everyone can go to an Ivy League College. Employers should
       | only be focusing on GPA or other performance metrics. If its
       | really about meritocracy.
        
       | duped wrote:
       | I admittedly skimmed the opinion, but is this the first case that
       | establishes a private entity like Harvard University is bound by
       | the Equal Protections Clause? I thought existing law and
       | precedent only had it applied to state/state actors (and a few
       | cases where private businesses acted like governments, eg company
       | towns).
        
         | [deleted]
        
         | jeffbee wrote:
         | The private nature of Harvard is debatable. The value of the
         | subsidy represented by the tax exemption of their endowment is
         | $50k per student per year.
        
           | duped wrote:
           | It's not debatable, Harvard is a private entity. The fact
           | they receive tax preference or federal funding and whether
           | they should if the government considers their acceptance
           | policy to be racist is a very different question than the one
           | in the opinion, as far as I can tell.
           | 
           | And whatever debate could be held seems to be absent in the
           | opinion, which is why I asked.
        
         | [deleted]
        
         | torstenvl wrote:
         | I was also confused by this, at first. However, it's explained
         | in footnote 2 of the majority opinion. Title VI of the Civil
         | Rights Act makes the analysis identical for public institutions
         | and private institutions subject to the Civil Rights Act.
        
           | leephillips wrote:
           | However, the text of the opinion only invokes the 14th
           | Amendment, not this Act or any other federal law. So I share
           | this confusion.
        
         | mindslight wrote:
         | Yeah, I do not understand this claimed basis of Equal
         | Protection either.
         | 
         | Taking into account _only_ equal protection, it would still be
         | acceptable for a private institution to say  "We want to limit
         | our association with $RACE". Such a policy does not rise to the
         | level of being law (notwithstanding that private institution
         | being considered a de facto arm of the government, which is an
         | argument I'm open to but doesn't seem to have been explored
         | here).
         | 
         | If the reasoning of this decision hinged upon interpretation of
         | the Civil Rights Act as banning "positive discrimination", that
         | would make sense independently (I think a concurring opinion
         | might be based on this?). If Harvard College maintained that it
         | didn't want to be discriminating based on race but was being
         | forced to by Title VI, I would see the link to Equal
         | Protection. But as presented the majority opinion seems like a
         | mismatch trying to somehow tie the issue directly to
         | constitutionality.
         | 
         | edit: I think they're getting there by this chain: Title VI has
         | provisions mandating equality. Due to the Equal Protection
         | clause, Title VI's provisions that prohibit discrimination must
         | also be construed to prohibit "positive" discrimination.
         | Therefore Harvard is bound by this new interpretation of Title
         | VI which prohibits it from engaging in "positive"
         | discrimination. (contrast with simply ruling parts of Title VI
         | unconstitutional and therefore null and void)
         | 
         | Ultimately this feels in line with the continued erosion of
         | separation of powers as every activity gradually comes under
         | the purview of the federal government.
        
         | stjohnswarts wrote:
         | Corporations are also private entities and they have to also
         | adhere to the Civil Rights Act and not discriminate based on
         | race/ethnicity, why wouldn't Harvard?
        
         | adolph wrote:
         | _The Equal Protection Clause operates on States. It does not
         | purport to regulate the conduct of private parties. By
         | contrast, Title VI applies to recipients of federal funds--
         | covering not just many state actors, but many private actors
         | too. In this way, Title VI reaches entities and organizations
         | that the Equal Protection Clause does not._
         | 
         | p 129 of
         | https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
        
         | ProllyInfamous wrote:
         | From majority opinion:
         | 
         | "The universities' main response to these criticisms is 'trust
         | us' ... Universities may define their missions as they see fit.
         | The Constitution defines ours."
        
       | alberth wrote:
       | DEI?
       | 
       | Does this impact internal corporate DEI programs?
        
       | HeavenFox wrote:
       | One thing I never understood is why colleges themselves fight so
       | hard for affirmative action? Wouldn't admitting the most
       | qualified students, regardless of race, be in their own interest?
       | If they are afraid of the political pushback for having too few
       | Black and Hispanics, doesn't this decision give them cover?
        
         | rendang wrote:
         | One explanation is that the officials involved are "true
         | believers", not acting out of fear of pushback but out of their
         | own values.
        
         | dahwolf wrote:
         | Thousands of very well paid administrators depend on this
         | problem persisting, hence it's not supposed to be ever solved.
        
       | shmde wrote:
       | Wow flagged within 30 mins before people could even start having
       | a discussion. HN audience is wild.
        
         | [deleted]
        
         | commandlinefan wrote:
         | > HN audience is wild
         | 
         | Predictable, too.
        
       | flowerlad wrote:
       | It is important to note that Harward's admission policy that is
       | the subject of this case was designed to favor White students
       | over Jewish ones [1]. Today it is being used to discriminate
       | against Asian Americans.
       | 
       | Colleges are already prepared for this ruling. Many, such as the
       | University of Washington have abandoned standardized tests
       | because such tests compell universities to admit the kinds of
       | students universities are trying to limit (Asian Americans).
       | 
       | [1] https://www.economist.com/united-
       | states/2018/06/23/a-lawsuit...
        
         | givemeethekeys wrote:
         | > White students over Jewish ones
         | 
         | Isn't Judaism a religion? Most Jews I know are very white.
        
           | rendang wrote:
           | Ashkenazi Jews are an ethnic group originating in the Near
           | East, but with some admixture from Europeans. At least the
           | plurality if not majority of American Jews are nonreligious,
           | see https://en.wikipedia.org/wiki/American_Jews#Religious_bel
           | ief...
        
           | flowerlad wrote:
           | Good question. There is no consensus on who is considered
           | white. Nazis considered Jews to be a separate and inferior
           | race. At one point in the US, Italians were not considered
           | white. Irish, Greeks and Poles were not considered white at
           | some point, and were discriminated against in the US. "No
           | Irish need apply" (NINA) signs were common at one point in
           | history.
        
         | hospitalJail wrote:
         | This ends up moving the burden onto individuals.
         | 
         | If you have an Asian Medical Doctor, they are AAA. If you have
         | a multiple minority Medical Doctor, they are not necessarily
         | AAA, they could be As.
         | 
         | Which one do you want to do brain surgery on you?
         | 
         | Without Affirmative action, you'd trust a multiple minority
         | doctor equally to an Asian doctor.
         | 
         | I wonder what the cost is on the healthcare system/US citizens
         | when we have worse performers in critical positions.
        
           | einszwei wrote:
           | > If you have an Asian Medical Doctor, they are AAA. If you
           | have a multiple minority Medical Doctor, they are not
           | necessarily AAA, they could be As.
           | 
           | > Which one do you want to do brain surgery on you?
           | 
           | I have no strong opinion on affirmative action but this is a
           | dishonest way to frame this topic.
           | 
           | Affirmative action doesn't mean an institution can produce
           | unqualified doctors. Both doctors should've gone through same
           | examinations at medical schools, studied same textbooks and
           | have similar training.
        
             | vxNsr wrote:
             | Look at grade averages for med schools over time.
             | 
             | Also if the school is willing to bend their standards on
             | admissions, who's to say they won't bend their standards on
             | grading? It's also almost impossible to get fired from a
             | residency program once you get in, graduation rates are
             | near 95%...
             | 
             | I already don't trust MD's compared to DO's because MD
             | schools nearly all got rid of grading and all classes are
             | pass/fail which encourages doing just well enough to pass.
             | DO schools meanwhile continue to grade students which
             | encourages excellence.
        
               | crackercrews wrote:
               | IIRC some med schools are getting rid of grades in favor
               | of pass/fail. This makes it hard to tell which students
               | are great and which ones barely passed.
        
               | cbm-vic-20 wrote:
               | > who's to say they won't bend their standards on
               | grading?
               | 
               | Schools that do this will lose their accreditation.
        
               | Exoristos wrote:
               | Schools that _don't_ do this will lose accreditation
               | soon.
        
               | hospitalJail wrote:
               | Wishful thinking. The Physician club is one of back
               | scratching, not critical evaluation.
               | 
               | The Physician->AMA->ACGME->Physician pipe benefits
               | everyone involved.
               | 
               | What's the worst thing that could happen? Malpractice
               | lawsuits have doctors win 50% of the time when there is
               | strong evidence, and 90% of the time when there is weak
               | evidence.
               | 
               | The rich created a cartel and the feedback loop is
               | already here.
        
             | ekam wrote:
             | Taking the same texts and having the same books mean
             | nothing since the point of tests is the grades so what
             | matters is if they had the same grades or not
        
           | ekam wrote:
           | I just saw the stats from a medical school-- I believe it was
           | UCSF but correct me if I'm wrong-- where the average Asian
           | reject had higher scores than the average Black/Hispanic
           | accepted applicant
        
             | elishah wrote:
             | > I just saw the stats from a medical school-- I believe it
             | was UCSF but correct me if I'm wrong--
             | 
             | Given that affirmative action was banned at UC schools in
             | 1996, I suspect that you're mistaken about at least the
             | school in question.
             | 
             | Which, it should be noted, means that we've accrued ~25
             | years of data about the results of such a ban. And the
             | answer is that it's bad: https://www.latimes.com/california
             | /story/2022-10-31/californ...
        
               | ekam wrote:
               | Affirmative action was banned across California and the
               | article you cited itself says that the problem is only
               | with UCs and not CSUs. The reasons proposed (distance,
               | costs, number of UCs vs CSUs) intuitively ring true to
               | me. Today's decision is obviously correct from a legal
               | standpoint (equal protection clause bans all race-based
               | discrimination) but the difference between CSUs and UCs
               | actually suggests a positive path forward for helping
               | boost Black and Latino enrollment in UCs- step one might
               | be building a lot more and making them cheaper.
        
               | [deleted]
        
             | ProllyInfamous wrote:
             | An asian applicant scoring 25 on the MCAT has a 6%
             | acceptance rate.
             | 
             | A black applicant scoring 25 on the MCAT has a 56%
             | acceptance rate.
             | 
             | As a medical school dropout, scoring 33S... I had a hard
             | time accepting this.
        
           | jeltz wrote:
           | The one who is the best surgeon which could be any of them
           | judging from my experience from other jobs. All the best
           | programmers I know did well in school and on tests, but
           | beyond a certain point test scores mean very little and other
           | factors not measured by tests matter more.
           | 
           | I would not want a doctor who did poorly on tests, but a
           | doctor who is great at tests vs one who is top in the country
           | probably does not matter.
        
           | crackercrews wrote:
           | UPenn Med School lets in minorities through a side door, no
           | MCAT required. [1]
           | 
           | This will increase discrimination against minority doctors.
           | It most hurts the ones who could have gotten in through the
           | front door but will be assumed not to have.
           | 
           | 1: https://dailycaller.com/2022/08/26/some-underrepresented-
           | stu...
        
           | jppittma wrote:
           | Do people who do better on standardized tests make better
           | doctors? I take the null hypothesis. One's grades and test
           | scores in high school are poor predictors of one's
           | professional efficacy after a certain point.
           | 
           | I say, eliminate obvious cases of students who aren't trying,
           | take the handful of obviously excellent students, and for
           | every applicant in between, have a lottery.
        
         | bouncing wrote:
         | America has long had most of the best universities in the
         | world. Getting rid of all standardized tests and instead
         | relying on (heavily inflated, or not) grades, combined with
         | bullshit essays, is going to significantly undermine that.
        
           | oluwie wrote:
           | Standardized tests have been known for years as an very
           | unfair way of judging students. People with resources to
           | prepare and study for those tests often end up with inflated
           | scores than for people who don't have the resource to prepare
           | for them. High school grades have been consistently found the
           | be #1 leading indicator of how well a student is going to do
           | in college.
        
             | pie_flavor wrote:
             | They have been _claimed_ for years; what is _known_ is that
             | they beat the hell out of every other way of judging
             | students, especially subjective ones. When standardized
             | testing was adopted in the first place it was rightly
             | heralded as a tremendous win for diversity.
        
             | graeme wrote:
             | Could you name a metric where rich people get _less_ of a
             | boost due to their wealth and status than standardized
             | tests?
             | 
             | To properly compare standardized tests vs. an alternative
             | you need the other half of the comparison.
        
             | flowerlad wrote:
             | So untrue. The best resource for preparing for standardized
             | tests is Khan Academy. It is free.
             | 
             | High school grades on the other hand are getting inflated
             | now, because of parental pressure, now that colleges are
             | abandoning standardized tests, and relying more on GPAs.
             | High schools don't even have a standardized curriculum.
             | Comparing GPAs across high schools make no sense. Within
             | the same school it may make sense though.
        
             | charlieyu1 wrote:
             | And the alternative is letting rich parents hire agencies
             | who will prepare their kids with a perfect portfolio of
             | extracurricular activities starting year 10 that poor kids
             | have no chance to match.
             | 
             | At least poor people have a chance when it comes to
             | standardised testing.
        
             | JamesBarney wrote:
             | The question is not "Does being rich help you with the
             | SAT?" The question is "Does being rich help you more on the
             | SATs the other possible criteria?" Because being rich and
             | having resources helps with everything.
             | 
             | And being rich benefits GPA, extracurriculars, and college
             | essays far more than it helps SATs where prep costs a
             | couple hundred dollars and a month of weekends.
        
             | MichaelDickens wrote:
             | So you're saying the SAT gives a _bigger_ advantage to
             | people with resources to prepare, compared to a GPA which
             | is the result of many assignments and tests across four
             | years? That does not sound remotely plausible to me.
             | 
             | SAT + grades is a stronger predictor of college performance
             | than grades alone. AFAIK this is a pretty uncontroversial
             | finding. For a review article, see Frey (2019), "What We
             | Know, Are Still Getting Wrong, and Have Yet to Learn about
             | the Relationships among the SAT, Intelligence and
             | Achievement."
             | 
             | [1] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6963451/
        
               | SV_BubbleTime wrote:
               | Are you discounting that the factors that go I to the GPA
               | are wildly different between schools?
               | 
               | I think the guy that got a 2.9 in a school that was
               | seriously focused on education is going to be better
               | prepared for the 4.1 from a peace and love participation
               | trophy school.
               | 
               | Are you missing "standardized" portion?
        
           | omginternets wrote:
           | >America has long had most of the best universities in the
           | world.
           | 
           | That's a very questionable claim.
        
             | DiogenesKynikos wrote:
             | In terms of research, it's been roughly true since WWII.
             | Persecution by the Nazis and the war drove the cream of the
             | European scientific establishment to the US, and the US
             | poured a large amount of government funding into science
             | funding after the war. Things are changing, first because
             | the European scientific community has recovered and also
             | because scientific research has been taking off in Asia.
        
             | 93po wrote:
             | In terms of reputation, name recognition, notable people
             | who come out of them, publishers of leading research, and
             | advancers of technology? If you looked at a list of the top
             | 20 I would bet more than half are in the US.
        
               | omginternets wrote:
               | Many of those people are imported from foreign
               | universities. If the claim had been "American
               | universities are better able to drain talent and fund
               | research", I'd agree. In terms of educational quality,
               | it's _questionable_.
        
               | JumpCrisscross wrote:
               | > _If the claim had been "American universities are
               | better able to drain talent and fund research", I'd
               | agree. In terms of educational quality, it's
               | questionable_
               | 
               | Education quality at most top universities is middling,
               | they're designed for smart people who will reach for
               | knowledge. Being around the best people drained from
               | around the world provides fertile ground for that.
        
               | Pigalowda wrote:
               | What do you know? You're claiming something else but
               | framing it as fact. You don't know anything!
        
               | seanmcdirmid wrote:
               | The ability to fund research and attract the best
               | researchers (not necessarily educators) is useful at
               | education's high-end, which is why many come to the USA
               | in the first place. It isn't so great for standard or
               | remedial education, however.
        
             | _jab wrote:
             | Care to elaborate? I know I'd been making the same
             | assumption about American universities - Harvard, MIT,
             | Berkeley, and Stanford do seem to represent a good share of
             | the world's best universities.
        
       | throwawayXX1X wrote:
       | India had a caste system for a long time. The lower castes were
       | relegated to menial jobs while upper classes enjoyed ruling.
       | After India got independence in 1947, a new legislation was
       | passed with 20% seats given to the lower castes. Soon, people
       | demanding more and more seats, A classic case of vocal minority.
       | 
       | Now, In 2022, almost 70% of all seats reserved for the "lower"
       | castes with a small population. The rest population competes for
       | 30% of seats.
       | 
       | If someone tries to reduce the amount of quota: Riots happens,
       | ministers are dethroned, shot etc. Nobody even touches this issue
       | anymore.
       | 
       | The result is that the top brass of the skilled population have
       | built up a deep resentment. The moment they start earning well,
       | they leave the country and surrender their citizenship without
       | hesitation.
       | 
       | This leads to a feedback loop where the general population is
       | taxed more and more to cover the revenue gap of HNI (High
       | Networth Individuals) leaving. And then more population with the
       | ability to leave , leaves.
       | 
       | 1. https://www.shiksha.com/engineering/articles/jee-main-
       | reserv...
       | 
       | 2. https://en.wikipedia.org/wiki/Reservation_in_India
       | 
       | 3.
       | https://www.forbesindia.com/media/images/2023/Jun/img_210405...
        
         | govg wrote:
         | The Mandal Commission in 1980 determined the fraction of OBCs
         | to be 50%, a later sample survey in 2006 showed it to be around
         | 40%, [0] current reservation policies for this category are
         | around 30%.
         | 
         | The Indian Census of 2011 shows that SC/ST category accounts
         | for roughly 25% of the population. [1]
         | 
         | I agree with people making the point that these designations
         | have now been used as a political tool, and that sometimes
         | cases arise where people fake credentials. But to claim that
         | they are a lower population is absurd, given that SC/ST/OBC
         | would account for more than 50% of the population.
         | 
         | [0] - https://en.m.wikipedia.org/wiki/Other_Backward_Class
         | 
         | [1] -
         | https://en.m.wikipedia.org/wiki/Scheduled_Castes_and_Schedul...
        
       | solardev wrote:
       | I often wished universities (and other organizations) would use a
       | scoresheet-like "matrix of oppression" to determine someone's
       | background difficulties.
       | 
       | Like okay, you get X points if you're this race, Y points for
       | that. Z points if your parents were poor. Or if you grew up in
       | these bad zip codes. Or if your dad was gone and mom was an
       | addict. Whatever.
       | 
       | As an Asian American of relatively privileged (middle class)
       | upbringing who went to a state college, I often found it unfair
       | that many of my desperately poor white peers worked their asses
       | off their whole lives, despite minimal support from their
       | parents, to get into college on merit alone. Meanwhile for me, my
       | admissions counselor handwaved away all the entrance requirements
       | (my GPA was low, I didn't have the pre reqs done, etc.) and
       | admitted me on the spot. Years later I'd find out that I was part
       | of their zip code based recruiting program designed to get non
       | whites into the school for the benefit of their diversity quotas.
       | In California they already weren't allowed to use affirmative
       | action due to Prop 209, so they just used a geographical proxy
       | for race (finding zip codes with high non white ratios to recruit
       | from).
       | 
       | I didn't deserve that spot at all. I never worked for it, I never
       | suffered for it, my parents didn't much either. I just happened
       | to benefit from policies meant to protect Black and Hispanic
       | people, at their expense, while simultaneously throwing white
       | people under the bus. It was pretty unfair all around.
       | 
       | I get that as a society we want to help give people a chance to
       | escape the circumstances of their birth. But skin color alone is
       | an awfully broad brush that paints only a vague picture of who
       | that person is and what kind of adversity they may or may not
       | have overcome. I wish we looked at it with more nuance is all I'm
       | saying.
        
         | Taylor_OD wrote:
         | The who is more privileged game is not a fun one to play.
         | 
         | Watched a white male friend and a white passing Hispanic female
         | friend get into this argument before. He grew up poor in a
         | rural area, only one parent worked a low paying job and the
         | other was the care giver. She grew up middle class in a city,
         | parents were college professors.
         | 
         | There are a ton of other factors but even at those basics it
         | got complicated. Is a male always more privileged than a non
         | male? How do you weight one point of privilege vs another? It
         | all started to feel very subjective. I wonder if a matrix like
         | that would even be legal.
        
           | dcsommer wrote:
           | > I wonder if a matrix like that would even be legal.
           | 
           | Probably not, but I heard from an acquaintance college
           | admissions official that systems like this exist, and they
           | are highly secretive. This is just one anecdote, so make of
           | that what you will.
        
           | Balgair wrote:
           | Even if it did happen, it would immediately become useless.
           | What's the old adage? Once a metric becomes a target, it
           | ceases to be a good metric.
           | 
           | Such a matrix would only become a goal for those wanting to
           | get their kids into schools. I have no doubt at all, you'd
           | get a cottage industry of counselors that would plan out how
           | to best maximize your kids' privileged scores to get in.
           | 
           | Sell your house to a relative at X months before admissions,
           | find an ancestor of Y race on our special website at Z months
           | before submission, claim a disability of ABC and take a
           | SAT/ACT/FGH test under that disability, etc. You'll have a
           | score of III with Stanford, a score of JJJ with Harvard, and
           | a score of LLL with your safety school. Yadda yadda yadda,
           | and here's the percent chances for each school.
           | 
           | Hell, with AI and all this jazz, this won't even cost all
           | that much and be the purview of the upper-middle class. You
           | could likely just buy that service for under $100 by 2040.
        
             | solardev wrote:
             | Yeah, that's a good point :/
        
             | ars wrote:
             | I read an article somewhere about parents "divorcing"
             | before their kids goes to school so that he gets extra
             | points on the admission sheet.
             | 
             | They also "move" to a worse zip code for the same reason.
        
           | solardev wrote:
           | For me, the goal wouldn't be to rank the oppressed against
           | each other, but to provide resources for all those who need
           | it.
           | 
           | I think of it less like a tournament and more like food
           | stamps: below a certain income, food becomes difficult to
           | afford, and aid is helpful (I was on food stamps for a short
           | bit and really appreciated it). It doesn't really matter WHY
           | their income is low, just that society can help them with
           | food.
           | 
           | College aid is similar, except that admission seats aren't as
           | easily fungible as tuition dollars. Same for job spots, I
           | suppose.
           | 
           | Let's say you have 100 openings of something. A candidate
           | would be scored across the board, mixing demographics with
           | performance. 10 points for an essay. -3 for bad GPA. +5 for a
           | bad zip code. +3 for being a woman. -6 for wealthy parents.
           | Whatever. In that way all those factors could be considered.
           | 
           | But yes, the exact numbers would be difficult to arrive at.
           | Maybe we could try to statistically model those based on
           | their impact to lifetime earnings, updated every census or
           | whatever. It wouldn't be easy. At all.
           | 
           | Is it legal? I don't know. But the law can change. More to
           | your point, I'm not even sure if this is a GOOD or ethical
           | idea. Just a thought for discussion.
        
         | DonsDiscountGas wrote:
         | That's what the University of Michigan used to do, it was ruled
         | unconstitutional in Gratz v. Bollinger in 2003.
         | 
         | It was never really clear (imho) how affirmative action (as
         | actually practiced) could be implemented; discrimination based
         | on race has been explicitly illegal since 1964 but somehow the
         | courts ruled that some discrimination was legal (in Bakke v.
         | California) but the courts can't actually provide a workable
         | solution, they can just shoot down what people try.
        
           | koolba wrote:
           | > ... but the courts can't actually provide a workable
           | solution, they can just shoot down what people try.
           | 
           | And they do it because reverse racism is just racism.
           | 
           | The way you truly eliminate racism from society is by
           | eliminating all its forms. And that includes "well
           | intentioned" racism.
           | 
           | If there's any metric outside of academic competence that
           | will be a deciding factor in an admittance process, the only
           | acceptable choices are wealth and income. Though even those
           | have their contrarian arguments.
        
         | AnimalMuppet wrote:
         | You're worried about skin color being used as a determining
         | factor, but you were admitted based on zip code. That's trying
         | to admit disadvantaged people, but _not_ doing so based on skin
         | color. So maybe in this specific case, they 're already looking
         | at it with more nuance? Or at least a different axis than skin
         | color?
        
           | solardev wrote:
           | While a charitable view, my impression is that was unlikely.
           | The school itself was already located in an impoverished
           | area. They didn't need to recruit from the other side of the
           | state to find disadvantaged students. And their materials
           | said nothing public about special admissions for
           | disadvantaged people.
           | 
           | It wasn't until I met face to face with a counselor that they
           | let me in. My guess -- it's only a guess, I can't prove this
           | -- is that the counselor had some leeway to determine whether
           | to admit me, and that there was an unwritten mandate to
           | prioritize candidates of color. I don't know if whites from
           | those same zip codes would've gotten the same treatment. It
           | seemed to me like the face time was a possible way for the
           | university to hide race quotas behind judgment calls. I don't
           | have the numbers for this though, just a hunch.
           | 
           | And to their credit, we did have poor white applicants who
           | did get in, obviously, or I wouldn't have gotten to know
           | them. It wasn't an especially selective school to begin with.
           | But it did seem like zip code recruiting was a proxy for race
           | based recruiting. If they wanted income based recruiting they
           | could've done that from anywhere without geography as a
           | constraint.
        
         | glonq wrote:
         | > _I often wished universities ... would use a scoresheet-like
         | "matrix of oppression"_
         | 
         | Be careful what you wish for. Like most well-intentioned ideas,
         | this would become terribly exploited/gamified.
        
         | everdrive wrote:
         | I don't think this is a bad idea conceptually, but I worry that
         | the implementation would be a race to the bottom. Who gets to
         | decide who's been the "most oppressed?" It seems like nearly
         | anyone could feel slighted by this.
        
           | solardev wrote:
           | It's not really about "who is the MOST oppressed" but rather
           | that there are many oppressed peoples who are right now
           | slipping through the cracks altogether.
           | 
           | Probably we need to support all of them, at the expense of
           | people who could afford it (the upper middle class and up),
           | not make them fight for scraps against each other.
           | 
           | I think the likely outcome of such a system (my hypothesis
           | only, untested in reality) is that we'll find that yes,
           | believe it or not, life is harder for Black people in
           | general, especially in some areas, but that there are also
           | rich Latinos, poor whites, cis men who've been abused, Asians
           | who grew up in the hood, whatever.
           | 
           | Our society is too heterogeneous to neatly segregate us by
           | any one line alone, whether that line is race or class or sex
           | oe whatever. Our backgrounds are a complex mix of variables
           | that each have an impact and shouldn't be ignored.
        
             | A4ET8a8uTh0 wrote:
             | I think the qualification of how to label the matrix parent
             | mentions is irrelevant. The chart clearly exists and has
             | been used. Whether we call it something like 'race
             | conscious equity generator' or 'oppressed totem pole' is
             | just a way to polarize each side of the spectrum ( and adds
             | to the point GP made about whether it is just a play for
             | making people fight over relatively stupid stuff ).
             | 
             | The point is that points for being $race and $class exists.
             | As a society, do we want to fine tune everything to ensure
             | that our individual mix of variables are accounted for or
             | do we want individual to adjust to societal mold?
             | 
             | It is a real question. For school, that clearly values
             | obedience to the mold and passivity ( for better or worse
             | ), I would assume the latter.
        
               | solardev wrote:
               | Are you talking about assimilation vs maintaining
               | cultural heterogeneity (like "melting pot" vs "salad
               | bowl" models)?
               | 
               | (Sorry, it's a bit hard to keep track of which post/point
               | is a parent or GP or such. Not sure if I understood your
               | point correctly.)
               | 
               | I think this is more about opportunities than conforming,
               | like whether we could have a system that provides
               | supplemental resources (whether it's tuition or teaching
               | aid or job opportunities or whatever) to people who have
               | the same drive and merit as anyone else, but for whatever
               | reason was given a significant handicap early on.
               | 
               | That just lets them get into an organization to begin
               | with. What they do with their participation, whether it's
               | to conform or rebel or something else, is a separate (but
               | still fascinating) question, I think?
               | 
               | There is this idea that diversity will automatically lead
               | to change. Sometimes it does, but yeah, sometimes people
               | just choose to assimilate and stay quiet instead.
        
             | everdrive wrote:
             | One thing I've heard people suggest is move away from
             | oppression whatsoever, and move towards a purely economic
             | consideration. I would definitely be in favor of this, but
             | I'm sure this approach would have its own detractors.
             | 
             | I don't disagree with any of the considerations you've laid
             | out here, but again, I worry about how well we could really
             | rate people like this in a large scale and fair way.
        
         | Bo0kerDeWitt wrote:
         | This idea of a "matrix" often occurs to me when such topics are
         | discussed. What attributes would you add to the matrix? You've
         | suggested race, family wealth, zip code, whether a parent was
         | an addict. You could also have height, physical beauty, IQ,
         | degree of disability, sporting aptitude. Perhaps even degree of
         | neuroticism or autism. The problem is, the matrix quickly gets
         | bigger and bigger. The number of unique matrices starts to
         | increase exponentially. What you end up with is a unique matrix
         | for each individual. So why not do away with the matrix
         | altogether, and just treat people as individuals, without
         | fetishizing one or a couple of the attributes?
         | 
         | Also the weight you assign each attribute is a subjective
         | judgement. Who do you trust to make such a judgement? For
         | example, what bestows more "privilege", having a pretty face,
         | or being from the middle class? And by how much? I don't know.
        
           | solardev wrote:
           | I think there are two questions here, both of which are
           | totally valid, difficult, and important.
           | 
           | One, how do you quantify "oppression" or "deservedness". My
           | honest answer to that is I don't know. I wonder if a
           | statistical model of demographics vs lifetime earnings can
           | help, at a first estimation, by it wouldn't be simple at all
           | and would probably be even more controversial than
           | gerrymandering.
           | 
           | But the other side of the question: the "why" should we do
           | this at all, I think there is a clearer answer for that.
           | Because if we don't, power and wealth quickly entrenches and
           | polarizes society. Those with existing privileges share them
           | with their offspring, and in so doing create dynasties of
           | power that are counterproductive to the dream of an equitable
           | democracy (which isn't a dream everyone shares). Those
           | dynasties can arise from race, but also class, family name,
           | legacy admissions, etc. People aren't just blank slate
           | individuals but also very much the product of their
           | environments. I think the goal isn't to wash away individual
           | performance but to give people the chance to actually
           | discover, express, and utilize their individual ability
           | despite handicaps of circumstance -- at its core, the basic
           | idea is that there are people who are richly deserving of aid
           | and recognition because they could be great, "if only"
           | something. It's the "if only what" that isn't easy to agree
           | on.
           | 
           | We don't want to exclude someone just because they had poor
           | parents. Or because they're neurodivergent. Or white. In an
           | ideal society there would just be ample opportunities for
           | everyone. We don't live in such a society, so as long as
           | there are limited resources and opportunities, we have to
           | either fight over them or try to share them. I prefer the
           | sharing model, but not everyone does.
        
         | zmgsabst wrote:
         | Institutional racism is highly corrosive to society.
         | 
         | All we've done is create new grievances among poor whites to
         | justify the guilt of upper class whites about things their
         | grandparents did. Those people are rightly upset that the
         | government has been openly racist to them their entire lives.
         | 
         | How did that help? -- I mean, besides soothing the feelings of
         | elites that they're not bigots, even though they made 1950s
         | style racist policies about "too many" Jews and Asians in their
         | universities. (Which is what triggered this lawsuit...)
        
           | solardev wrote:
           | Yeah. There's nobody really fighting for poor white men,
           | except maybe Bernie? But it's all too easy to capitalize on
           | their grief and anger and redirect it into cultural wars
           | instead. That anger is politically more potent left unchecked
           | and weaponized than actually addressed.
           | 
           | Some of the most down to earth, hardworking people I knew
           | were poor white men with a dream: teachers, farmers,
           | builders, activists, lawyers. They weren't interested in
           | going into tech or finance or getting rich and retiring early
           | or whatever, just to pursue their dreams and some semblance
           | of happiness. Reminds me of old homesteaders.
           | 
           | Same with the Black and Hispanic folks I knew at the same
           | time, many of whom got support or scholarships of one kind or
           | the other. On the ground, we were all just peers and friends
           | and supported each other however we could. But officially the
           | poor whites had no formal support network at all, while
           | diversity programs had special buildings, funding, time, and
           | labor devoted to the rest of us. My white peers never held
           | that against me, as far as I know, but they did comment about
           | how unfair it was to them to be punished for the sins of
           | their (great grand) fathers. And I can't say they're wrong...
        
             | zmgsabst wrote:
             | I find it interesting that certain people seem unable to
             | comprehend that Donald Trump is the result of that racism
             | by Democrats:
             | 
             | Not because his supporters are racists, but because they're
             | done with an establishment openly bigoted towards them --
             | and pathologically unwilling to address their needs.
        
               | dahwolf wrote:
               | It is goes further back, and is way more international.
               | 
               | In Western Europe, somewhere around the early 90s most
               | social democratic parties abandoned their blue collar
               | base. They used to fight for them. For reasonable hours,
               | minimum wage, social benefits.
               | 
               | I guess they were not cool or interesting anymore, as
               | they shifted focus almost exclusively to minorities as
               | well as various forms of elitist salon socialism.
               | 
               | On top of being abandoned politically, blue collar got
               | destroyed economically by manufacturing moving overseas.
               | And if that wasn't enough still, they were next
               | culturally destroyed and labeled bigots or privileged, on
               | the basis of their skin or what is between their legs.
               | 
               | This class, which is very large and makes sure shit works
               | in society, is why you have Trump but also various other
               | right-wing rises in Europe.
        
               | solardev wrote:
               | Our politics are really, really ugly these days, with no
               | room for this sort of nuance anymore. It's really sad.
               | 
               | Talking one on one with people though, it's easier to
               | find common ground. And sometimes make a new friend. But
               | it's hard for sure when the elites are so insistent on a
               | divide and conquer strategy.
        
               | [deleted]
        
       | hnburnsy wrote:
       | Can't Harvad et al just stop taking Pell Grants and all other
       | Federal funding and mostly admit who ever they want? If so would
       | they do this or do they value that funding too much?
        
       | poorbutdebtfree wrote:
       | This is good. When life and death is on the line I don't want
       | some guy/girl/thing with a lower SAT/IQ score than me doing the
       | differential diagnosis.
        
       | mikece wrote:
       | The SCOTUS opinion here:
       | https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
        
       | Footnote7341 wrote:
       | The most elite colleges already pre-empted this ruling by rapidly
       | moving towards non-merit based admissions
       | 
       | they will just make it so you can't really tell if they are using
       | affirmative action or not instead of having it be explicit.
        
         | stjohnswarts wrote:
         | Won't people be able to prove statistically that they are
         | obviously still using affirmative action policies via GPAs/SAT
         | scores/racial mix? I'm not that great at statistics but that
         | doesn't seem like a very hard task even using basic figures of
         | merit like ratio of applicants to population of accepted
         | students. Seems like something easy to bring a class action
         | suit against a University after a few years of data is
         | available.
        
       | twobitshifter wrote:
       | The elite schools are cartels of opportunity that feed themselves
       | a self-affirming diet of the smartest people to maintain their
       | place. It's a diversion to look at your race versus somebody
       | else's race. That's only a small fraction of the admission. A
       | fraction of the best and brightest across races will gain
       | admission, but the rest are usually the elites. These people pay
       | for college out-of-pocket but the colleges themselves don't
       | actually need tuition to function, their endowments are well-
       | funded by the same families ahead of time to maintain the
       | business talent conduit.
       | 
       | So what does the elite institution actually do? It largely feeds
       | the smartest to lower business ranks to allow elites to better
       | their portfolios. You are smart when you get out to Harvard and
       | you'll still be smart when you leave. A great school would change
       | low performers into high performers, but that's not what Harvard
       | does, it looks for those who will already do well after Harvard.
       | Note that with the business focus on DEI, elites need DEI in
       | their portfolio, but nepotism comes first. DEI is a worthy cause
       | to address structural inequities, but it's now also a business
       | scorecard.
       | 
       | A meritocracy would eliminate the legacy admissions and make
       | admissions not only need-blind but also PII blind. Some elite
       | universities have done need-blind, but this is only sustained by
       | their endowment which is predicated on admitting the less
       | qualified legacies. A meritocracy like this is only possible if
       | the endowment is self sustaining or the college is a public
       | institution. But is meritocracy what we want? Should we focus the
       | most energy on advantaging the already gifted?
       | 
       | It's notable that in other areas of the world, public
       | institutions provide the best education. Here society is less
       | stratified and college is for learning more than networking. What
       | is needed for the same in the US is a change in perception about
       | our elite schools.
        
         | thegjp210 wrote:
         | These are good points. I think a compelling argument can be
         | made towards the admixture of the best and brightest with the
         | daughters and sons of the rich and famous. Net net, I think
         | that the opportunities provided to the best and brightest from
         | exposure to, and friendship with the offspring of the
         | spectacularly rich is why schools and network spun out of
         | Harvard have generated such an effective flywheel effect over
         | the generations. Granting access and pedigree to society's
         | elite by a school isn't purely a vocational exercise - and the
         | social element is why the Ivies and Oxbridge have thrived so
         | spectacularly.
        
       | aliljet wrote:
       | [flagged]
        
       | paulvnickerson wrote:
       | Relevant summary from the decision:
       | 
       | > Because Harvard's and UNC's admissions programs lack suffi-
       | ciently focused and measurable objectives warranting the use of
       | race, unavoidably employ race in a negative manner, involve
       | racial stereo- typing, and lack meaningful end points, those
       | admissions programs cannot be reconciled with the guarantees of
       | the Equal Protection Clause. At the same time, nothing prohibits
       | universities from consid- ering an applicant's discussion of how
       | race affected the applicant's life, so long as that discussion is
       | concretely tied to a quality of character or unique ability that
       | the particular applicant can contribute to the uni- versity. Many
       | universities have for too long wrongly concluded that the
       | touchstone of an individual's identity is not challenges bested,
       | skills built, or lessons learned, but the color of their skin.
       | This Nation's constitutional history does not tolerate that
       | choice.
        
         | NoRelToEmber wrote:
         | > Many universities have for too long wrongly concluded that
         | the touchstone of an individual's identity is not challenges
         | bested, skills built, or lessons learned, but the color of
         | their skin.
         | 
         | This conflates whether racial discrimination is legal, with how
         | much people base their identity on race. Because on the latter
         | question, the universities have concluded correctly - 74% of
         | Blacks, 59% of Hispanics, and 56% of Asians (but only 15% of
         | Whites) say their race is extremely or very important to their
         | identity:
         | 
         | https://www.pewresearch.org/social-trends/2019/04/09/race-in...
        
       | skrebbel wrote:
       | The concept of affirmative action is foreign to me (quite
       | literally so). I only know it from American media, and I've come
       | understand it to mean "positively discriminate based on race, so
       | long as it's a minority race" - please correct me of I'm wrong.
       | 
       | But anyway, my question for the Americans here who grok this
       | stuff: I assume the intent is to help disadvantaged people have
       | opportunities that more priviledged people have already. Right? I
       | mean, I can get behind that. But then why the entire detour with
       | race? Why not just.. well, let poor people come first? Would the
       | goal suddenly not be met if poor smart white kids get into good
       | schools, too? Who loses in this case?
       | 
       | I don't mean this as a hihi actually sneaky anti-affirmative-
       | action post, I don't understand the subject matter well enough
       | (nor America in general). I genuinely don't get why the race
       | thing is part of the equation. Shouldn't this just be run-of-the-
       | mill social democratic "lets hand out some extra
       | opportunities/benefits to the poor" program?
        
         | naveen99 wrote:
         | math needs to work out. if you have a 100 people and 50 defined
         | to be poor, but can only admit 5 people. How do you decide
         | which of the 50 poor come first ? The top 5, and you are back
         | to square 1. The bottom 5, and you have the devil's problems.
         | Remember the poorest people, the people with billions in
         | negative wealth, are in jail or worse. You do not want to bring
         | them back to the top !
        
           | arcticbull wrote:
           | Lottery? Seems to be the foundation of the immigration
           | system.
        
             | naveen99 wrote:
             | Why stop at the students, choose the professors by lottery
             | too, Nih grants by lottery... May as well just burn limited
             | resources. Lottery math doesn't work. Someone has to fund
             | the lotteries. And lotteries funding lotteries ain't going
             | to do it. Someone has to actually produce something of
             | value for there to be value to allocate.
        
               | arcticbull wrote:
               | I think the argument here is that once you've already
               | filtered down to qualified candidates by primary
               | criteria, then you can lottery off the rest instead of
               | performing a secondary sort.
        
               | naveen99 wrote:
               | I guess the secondary sort is reserved for university,
               | with a tertiary sort waiting at the corporate level. the
               | heavy lifting is being done by the sorting, not the
               | lottery at each level.
        
         | rawgabbit wrote:
         | _I genuinely don 't get why the race thing is part of the
         | equation._
         | 
         | In the words of Chief Justice John Roberts, the US fought a
         | civil war to end racial discrimination. In his opinion, he
         | argued that affirmative action which is a race based policy is
         | logically incompatible with the Equal Protection clause.
         | 
         | Affirmative Action was always about race. The US historically
         | and systematically discriminated, disenfranchised, and
         | disadvantaged slaves and children of slaves. The problem with
         | race based policies like Affirmative Action is (a) like Roberts
         | argues it is illogical to fix historical racial discrimination
         | with modern racial affirmation (b) you have unintended
         | consequences like discrimination against Asians (c) how do you
         | even define race in today's hyper connected world? e.g., Is
         | Elon Musk, who was born in South Africa, an African-American?
         | Are recent immigrants from West Africa also African-American?
         | Race conscious policies are generally distasteful because you
         | then dwell into how many generations of your ancestors were
         | from X continent and what percentage you are of Y race.
        
           | ZeroGravitas wrote:
           | > In the words of Chief Justice John Roberts, the US fought a
           | civil war to end racial discrimination.
           | 
           | That is so ahistorical, it makes me wince. A war to end
           | slavery, yes (though you could argue even that). To end
           | racial discrimination? That is a ludicrous thing for a
           | supposedly educated person to say.
           | 
           | Abraham Lincoln didn't think the freed slaves should get the
           | vote.
        
             | rawgabbit wrote:
             | It was during oral arguments with Waxman. Below is the full
             | quote from https://www.cnn.com/2022/11/01/politics/john-
             | roberts-affirma....
             | 
             |  _The controversy animated Roberts, himself a graduate of
             | Harvard College and Law School.
             | 
             | "Take two African American applicants," he said to lawyer
             | Seth Waxman, representing Harvard. "They both can get a
             | tip, right, based on their race? And yet they may have
             | entirely different views. Some of their views may
             | contribute to diversity from the perspective of Asians or
             | Whites. Some of them may not. And yet it's true that
             | they're eligible for the same increase in the opportunities
             | for admission based solely on their skin color?" Waxman
             | acknowledged that being an African American or being a
             | Hispanic could give the applicant a boost and may even be
             | determinative of who gets a coveted place in the freshman
             | class.
             | 
             | "Race, for some highly qualified applicants can be the
             | determinative factor, just as being, you know, an oboe
             | player in a year in which the Harvard-Radcliffe orchestra
             | needs an oboe player will be the tip," Waxman said,
             | offering an example that Roberts immediately skewered.
             | 
             | "We did not fight a Civil War about oboe players," he
             | rejoined. "We did fight a Civil War to eliminate racial
             | discrimination, and that's why it's a matter of
             | considerable concern."_
        
           | MisterBastahrd wrote:
           | > In the words of Chief Justice John Roberts, the US fought a
           | civil war to end racial discrimination
           | 
           | The US Civil War wasn't even fought to end slavery. That's a
           | jingoistic talking point that "patriots" like to tell
           | themselves that has absolutely no basis in reality. But
           | "discrimination?" That's pure, unadulterated idiocy.
           | 
           | The war was fought to put down a rebellion by Southern states
           | who refused to modernize because they used slavery to
           | maintain their representational numbers in Congress. The
           | Emancipation Proclamation wasn't even enacted until year
           | three of the US Civil War, but the Southern states saw the
           | writing on the wall and decided to act while they believed
           | they still had time to do so.
           | 
           | The rebellion was the important thing to the North.
        
             | rawgabbit wrote:
             | How do you define modernize?
        
         | chris_wot wrote:
         | The problem is, according to my reading of SCOTUS, that you can
         | have affirmative action on anything _but_ race. It occurs to me
         | that it would have been far more effective if Harvard based
         | their selection criteria on socio-economic considerations
         | rather than race.
         | 
         | It seems like a well-intentioned but badly thought through
         | process designed to ensure disadvantaged groups gain access
         | they might not have gotten to their system.
         | 
         | The general idea seems to be - if you are of a particular race,
         | you are automatically disadvantaged over ever other race. There
         | is probably some truth to this. However, perhaps they now need
         | to look at how people of a certain race are disadvantaged
         | (other than because of their race itself) and use this as their
         | selection criteria. This might actually also raise all groups -
         | there are plenty of people in other racial groupings who also
         | are disadvantaged for reasons other than their race.
         | 
         | FWIW, I am not American and I realise this is a sensitive area,
         | so if I am out of line for whatever reason I can just say this
         | is an observation which may not be accurate.
        
         | gghffguhvc wrote:
         | As a non-American, I think watching season 4 of The Wire, which
         | has an education and politics focus, was both eye opening and
         | profound. Highlighted the profound gap between US and where I
         | grew up on a number of issues.
        
         | rrauenza wrote:
         | > I've come understand it to mean "positively discriminate
         | based on race, so long as it's a minority race" - please
         | correct me of I'm wrong.
         | 
         | In theory, but in practice it often includes "unless you are
         | Asian."
         | 
         | https://www.wsj.com/articles/asian-american-fight-school-dis...
        
         | whatgoodisaroad wrote:
         | To preface: I don't really have an opinion on affirmative
         | action per se:
         | 
         | That said, the elephant in the room is that institutions like
         | Harvard and UNC aren't really about education. They're "ivy
         | leagues" for preserving class inequality having been marketed
         | as schools.
         | 
         | To the extent that race is a distraction from class, the fact
         | that counteracting racial bias in admissions has failed to
         | uplift the poor just puts too fine a point on this arrangement.
        
           | stu2b50 wrote:
           | I'm not sure I'd lump UNC in there. It's a fairly elite
           | public school, but still a public school, with 20k students
           | and a 20% admission rate.
        
         | prossercj wrote:
         | For many in America, the race issue is more about who we are as
         | a nation than it is about practical results. We want to
         | identify as abolitionists, who defeated the slaveholders and
         | moved toward "a more perfect union" (a line from the
         | Constitution which Lincoln echoed in relation to the war).
         | 
         | The disagreement is essentially about the best way to achieve
         | equality, which though a nebulous term is accepted as a goal
         | without debate, even though the definition of the term can be
         | widely different, as in this case. The conversatives argue that
         | we can only achieve equality by being colorblind. The
         | progressives argue that we can only achieve equality by
         | consciously addressing inequality.
         | 
         | I see some merit on both sides. I tend to lean toward the
         | conservative view, but I recognize moments in our history where
         | active intervention was both noble and necessary (desegregating
         | schools, for example). The question is whether those actions
         | were special cases or are examples for us to follow going
         | forward.
        
           | mcpackieh wrote:
           | Equality has fallen out of vogue, the new hot term is equity.
        
             | goatlover wrote:
             | Because the focused has shifted to outcome over equal
             | opportunity or treatment in the present. Some of us think
             | that's misguided and the equal opportunity approach was
             | working.
        
               | hedora wrote:
               | The equity approach is so blatantly racist / classist
               | that I can't believe it has taken root in left leaning
               | states like California.
               | 
               | Equality based: Fund the schools, and use evidence based
               | educational reforms, with the result that California
               | schools were top ten in the US.
               | 
               | Equity based: Not everyone can do math and stem, so
               | defund science and art programs (already done) and try to
               | discontinue funding for calculus (almost happened this
               | year). Schools are now 43rd in country, but rich
               | districts can have parents fund the missing programs via
               | donations, and are some of the best in the country.
               | Further fuck with things by forcing UC admissions to be
               | based on standing within each school's graduating class,
               | so illiterate minority kids end up being admitted to the
               | top schools, and need to be weeded out.
        
         | BobbyJo wrote:
         | The intent is to factor in some unknown "racism" value. Poor
         | White and Asian kids still beat out poor Black and Hispanic
         | kids academically on average, so if you naively stratified by
         | income, you'd still wind up with a mostly white and Asian
         | student population.
         | 
         | There are a lot of reasons Black and Hispanic kids
         | underperform, and it's just easier for the school to short
         | circuit all that and choose based on race rather than
         | incorporate all those other factors. It might not even be
         | viable to incorporate all those other factors.
         | 
         | We really only have two choices:
         | 
         | 1) Wait out the effects of racism, historic and contemporary,
         | which will take hundreds of years.
         | 
         | 2) Sacrifice some of our "individual determination above all
         | else" principles to reach some palpable level of racial
         | equality.
         | 
         | I think both are flawed in their own ways, but the world is
         | always imperfect, so pick your side.
        
           | spacephysics wrote:
           | The underlying important question is what do you define as
           | equality?
           | 
           | Equality of outcomes, or equality of opportunity?
           | 
           | This is a very slippery slope when some definitions are not
           | equal, or stated, as we've come into a recent crisis of
           | definitions being rewritten unnaturally (I understand the
           | meaning of words change over time, but there have been recent
           | inorganic changes, I'd argue)
           | 
           | The classic opportunity of outcome is proven to be doomed,
           | and is not aligned with your imperfect world assertion.
           | 
           | I can get behind equality of opportunity, which I'd argue
           | affirmative action's impact was antithetical to this vision.
           | 
           | We've come to a point where the new generation is being held
           | accountable for something they had no hand in.
           | 
           | We shouldn't be trying to treat these diversity reports as a
           | checkbook that needs to be balanced.
           | 
           | I heard something that resonated with me, and will probably
           | get me downvoted to oblivion (if it hasn't already happened):
           | 
           | those that want to look for racism, will find it.
           | 
           | Once a certain area is solved so to speak, some groups tend
           | to look even harder, and we get to a point now where we have
           | this ever-widening definition of what racism is, the goal
           | posts ever expanding, and this endless loop is our culture
           | eating itself alive.
           | 
           | I shouldn't have to say this, but this doesn't imply racism
           | doesn't exist. But it does imply that our definitions of it
           | have radically evolved, and perhaps is being used for
           | ulterior motives outside of "equality"
        
             | BobbyJo wrote:
             | >The underlying important question is what do you define as
             | equality? Equality of outcomes, or equality of opportunity?
             | 
             | On an individual level, the obvious answer is opportunity,
             | but how do you measure that? Generally via outcomes. If two
             | groups are equally capable and have equal opportunity, you
             | would expect similar outcomes.
        
               | dcow wrote:
               | [flagged]
        
               | BobbyJo wrote:
               | > At a most naive level, yes. But the post-modern left's
               | big assumption is that evolutionary, biological, and
               | other factors can't play a roll in those outcomes.
               | 
               | Democracy's big assumption too btw.
               | 
               | > At some level we have to be okay allowing for
               | inequality of outcomes because we cant even identify let
               | alone control all the social and biological variables of
               | being human.
               | 
               | We are. MIT isn't admitting people with IQs in 60s due to
               | genetic defects are they? It's a matter of degree, and
               | managing that requires measuring. We can't measure
               | people's inborn abilities, so we have to make palatable
               | assumptions measure what we can, and act accordingly. The
               | "to discriminate or not to discriminate" choice is purely
               | one of lesser evil. There is no good answer here.
        
               | dcow wrote:
               | I'm not sure I understand your MIT point. So what are the
               | numbers today? Where's the gap?
               | 
               | In my example Native Americans are expected to thrive in
               | a college environment that promotes binge drinking
               | despite having equal distribution of IQs. That's arguably
               | unfair to them and isn't solved by tweaking the input
               | distribution by identifiable racial characteristics.
               | Rather, it's an unfortunate adversity that needs to be
               | overcome (ideally with awareness, empathy, and support of
               | other people even those who do not have to face that
               | adversity).
        
               | BobbyJo wrote:
               | > Rather, it's an unfortunate adversity that needs to be
               | overcome.
               | 
               | Well yeah, but again
               | 
               | > ideally with awareness, empathy, and support of other
               | people even those who do not have to face that adversity
               | 
               | the question here is _how much_ support and what kinds.
               | Any amount based on race is still a form of affirmative
               | action, it 's just not happening in a college admissions
               | office.
        
               | dcow wrote:
               | In the context here I think people take affirmative
               | action to mean "official race-based consideration in the
               | college admissions process". While helping others out
               | when they demonstrate need is action, it's usually just
               | called being a decent person and you don't have to limit
               | it to artificial racial boundaries.
        
               | BobbyJo wrote:
               | > While helping others out when they demonstrate need is
               | action, it's usually just called being a decent person
               | and you don't have to limit it to artificial racial
               | boundaries.
               | 
               | 100% But back to the context: controlling for racial
               | disparity. If your answer is "just be nice" then you're
               | choosing the "wait it out for 100's of years" option.
               | That's totally your prerogative, and I personally flip
               | flop between the two in terms of which I think is better
               | for society.
        
               | naasking wrote:
               | > If two groups are equally capable and have equal
               | opportunity, you would expect similar outcomes.
               | 
               | No, because this assumes that different groups have
               | equivalent values. This is plainly false. There are some
               | broad similarities for sure, but each gender, ethnicity
               | and culture values different things which will inevitably
               | produce different outcomes.
               | 
               | This is why obsessing over outcome equity is doomed from
               | the start. It implicitly relies on either enforcing
               | homogeneity, thus erasing cultural uniqueness, or
               | outright discrimination in preferring some groups over
               | others to overcome any cultural values that might impact
               | outcomes so the final numbers look pretty.
        
               | calf wrote:
               | But what empirical historical example of "outcome equity"
               | has proven as harmful in scale and magnitude as slavery
               | or other oppressive, authoritarian social orders? How
               | much of this concern is founded in actual history? Even
               | one example would help ground such a hypothetical
               | concern.
        
               | BobbyJo wrote:
               | > No, because this assumes that different groups have
               | equivalent values.
               | 
               | Values are not intrinsically tied to your race, they just
               | correlate to some degree like income and geography.
               | Saying we shouldn't compensate for your parents values is
               | like saying we shouldn't compensate for your parents
               | income or zip code. That's fine, and it's not immoral to
               | believe that, but just make sure you're being logically
               | consistent in the things you believe we should and
               | shouldn't control for.
        
             | TechBro8615 wrote:
             | In favor of affirmative action, one argument that doesn't
             | even require comparing "equality of outcome/opportunity"
             | between individuals, is that the university should have
             | some say in the makeup of its incoming class, and should
             | have a right to minimize its homogeneity. You might argue
             | that race is not an attribute upon which homogeneity can
             | legally be measured, but that won't change the fact that
             | it's a proxy for life experience. All else being equal, two
             | people of the same skin color will have more in common with
             | each other than two people of differing skin colors, by
             | definition of "all else being equal." So if you're an
             | admissions office building a freshman class with the goal
             | of optimizing the learning experience for each member of it
             | - which includes the learning experience from interacting
             | with classmates - then which would be the better outcome:
             | (a) one where everybody looks the same and has a large
             | degree of overlapping life experience simply due to shared
             | skin color, or (b) one where each student has a chance to
             | meet another student with a completely different upbringing
             | from their own?
             | 
             | Now, I'm personally against race-based affirmative action,
             | but I also recognize that a freshman class composed
             | entirely of students of the same skin color is not an ideal
             | outcome. The fact of the matter is that everyone in that
             | class would have some degree of similarity in their life
             | experience, because their skin color is unavoidably
             | something upon which people notice and discriminate (e.g.
             | dating preferences, subconscious stereotyping, etc.).
             | 
             | I think the ruling also understands this, and it emphasizes
             | that university admissions offices are allowed to consider
             | upbringing in their evaluations of applicants. So if they
             | want a class with some poor kids and some rich kids, and
             | some musical geniuses and some athletes, and some boys and
             | some girls and some gay people and straight people, then
             | they should be allowed to consider all those factors. And
             | perhaps naturally this will result in a class with a
             | heterogenous racial makeup. But what they can't do is work
             | backwards from that, and assume the racial composition of
             | their class must be a proxy for all the other axes along
             | which they want to minimize its homogeneity.
             | 
             | I'm not sure about the underlying logic, and I think it's
             | possible it just shifts the problem - because there is
             | always some human element in admissions, and I'm not sure
             | it's possible to minimize group homogeneity along an axis
             | without discriminating along that axis when evaluating an
             | individual - but I do feel that explicitly discriminating
             | evaluations of individual applicants based on race is
             | clearly wrong.
             | 
             | As a final point: It's also worth considering that even
             | when discriminating on race, the universities were still
             | discriminating along other axes arguably not "in the
             | spirit" of affirmative action - for example, a black person
             | from a boarding school would receive more "benefit of the
             | doubt" than a black person from a public school. And isn't
             | that institutionalizing whatever biases led one applicant
             | to a boarding school but kept another at home? Maybe a
             | positive outcome of this ruling is that it will force
             | universities - who rightfully strive to minimize
             | homogeneity of their incoming classes - to actively seek
             | metrics for measuring diversity instead of lazily depending
             | on skin color while ironically institutionalizing the same
             | biases that affirmative action sought to eliminate.
        
               | wonderwonder wrote:
               | "the university should have some say in the makeup of its
               | incoming class, and should have a right to minimize its
               | homogeneity." If they don't take federal funding, I could
               | understand that. Both Universities involved in this case
               | do, so are subject to the Constitution of the United
               | States.
        
               | dragonwriter wrote:
               | > Both Universities involved in this case do, so are
               | subject to the Constitution of the United States.
               | 
               | No, accepting federal funds doesn't make them government
               | actors, nor does it subject them, particularly, to the
               | Constitutional provision here (which binds neither
               | private parties _nor_ the federal government, but only
               | the states.)
               | 
               | They are bound by Title VI of the Civil Rights Act of
               | 1964, though, and the Court has a history of interpreting
               | the language of that statute through the lens of its 14th
               | Amendment jurisprudence regarding similar language, which
               | it followed (while altering the guiding jurisprudence) in
               | this case.
        
               | wonderwonder wrote:
               | I agree with you; however, the federal government is of
               | course a government actor and cannot continue to give
               | funding to these schools if they continue to use
               | affirmative action. Without the funding, the school
               | essentially closes its doors or offers severely curtailed
               | services.
        
               | dragonwriter wrote:
               | > I agree with you; however, the federal government is of
               | course a government actor
               | 
               | Not one affected by the restriction on _state_ action in
               | the 14th Amendment.
               | 
               | > and cannot continue to give funding to these schools if
               | they continue to use affirmative action.
               | 
               | Yes, it can (this is obvious, since the decision itself
               | explicitly allows the federal government _itself_ use
               | race-based criteria in its own admissions at the schools
               | it runs, notably, the military academies) and it can
               | change the terms of the Civil Rights Act of 1964 so that
               | the interpretation of the 14th Amendment limits on state
               | action that the Supreme Court imported to it due to
               | textual similarity are not imposed on recipients of
               | federal funding.
        
               | wonderwonder wrote:
               | I'll consider myself outplayed as I am not going to take
               | the time to research a response that may just end with me
               | saying "I'm wrong" :)
               | 
               | Either way I'm happy with today's ruling and look forward
               | to everyone getting a little more equal treatment under
               | the admissions process.
        
               | TechBro8615 wrote:
               | But race discrimination should (in theory) be illegal
               | regardless of federal funding status. So if it's already
               | illegal, and the assertion is that universities don't
               | have the right to minimize homogeneity in their classes
               | (presumably along legal, non-racial axes), then taking
               | that logic to the extreme, why should admissions offices
               | have any discretion at all? Should every university that
               | accepts federal funding be required to follow a
               | standardized rubric when evaluating applicants?
               | 
               | Standardized metrics are one of the constraints that made
               | affirmative action a problem in the first place, because
               | when evaluations are limited to standardized metrics like
               | test scores and GPA, the top universities have enough
               | applicants to fill their class a dozen times. So they
               | need to discriminate on some attributes. Maybe one
               | alternative is a standardized baseline and a lottery
               | system for the remaining spots. But when you're at the
               | point of removing discretion from the process, and
               | imposing government designed rubrics on every school, the
               | process starts to look a bit Soviet...
        
               | wonderwonder wrote:
               | Is it soviet or is it meritocratic? I think the Soviet
               | Union was inherently corrupt and would wager that more
               | discretionary decisions were made there than in the US
               | today. I would be fully on board with your suggestion of
               | a baseline and companion lottery system. I think all
               | discretion should be removed. Let the most qualified
               | people in based on high school grades and standardized
               | test results. Everyone should have the chance to succeed
               | based on that.
               | 
               | I understand completely that life is harder for some than
               | others, whether due to race, religion, financial history,
               | etc. but to allow for a selection process to use any
               | combination of that and intentionally exclude people due
               | to their race is wrong. This is America, some people have
               | it easy and are born with golden parachutes, but those
               | people are actually few and far between and everyone has
               | the chance to work hard here and succeed. Again the
               | effort involved will vary but the opportunity is always
               | there.
        
             | dcow wrote:
             | This is fundamentally the _only_ thing that bothers me
             | about the entire post-modern left narrative. If the goal
             | posts were "equality of opportunity" (as they historically
             | have been) then I'd have no problem continuing to fight
             | until opportunity is provably equal. But if you move the
             | goal posts to "equality of outcome" (what people mean when
             | they say "racial equity") and say "look we're still a
             | racist society" I just can't get behind that definition and
             | framework.
             | 
             | The hard reality is that we have made a lot of progress and
             | it's almost impossible to argue that we're missing equality
             | of opportunity anymore. We've been legally equal for at
             | least 3 generations. Yes, there are still some poor and
             | intensely disparaged communities of predominately minority
             | populations. I have no problems with people coming together
             | to help those communities. But we can't let racial equity
             | seep into our legal framework or we'll literally be
             | discriminating based on race all over again and all the way
             | down. No horrors of the past justify that level of
             | wrongness. It's hopeless and fruitless to try and design a
             | "racially equitable" society, and you're going to always
             | just be an angry person if you set out on that path.
             | 
             | All that said, as always with these situations, I ask "what
             | is the end goal and how can I help get there". 9 times out
             | of 10, there is no end goal and that's where I draw the
             | line in lending my valuable time, my money, my vote, and/or
             | any mental space for stress and concern to a proposed
             | cause. If you came to me and said every white person has to
             | pay e.g. $5000 this generation, 4k the next, then 3k, and
             | so on to balance out slavery and then we're done talking
             | about race and we can move on I would pay up immediately
             | _even though_ I disagree with the idea of reparations and
             | holding future generations accountable for the sins of
             | their fathers. I would do it because there's a clear goal
             | (correct for the past) and path to achieve it (pay money).
             | 
             | What I can't get behind is being perpetually discriminated
             | against as a white person under a framework of ever-
             | evolving goalposts chasing racial equity of outcomes into
             | the sunset.
        
               | EatingWithForks wrote:
               | I'm more than happy to forgive white people for the sins
               | of their parents once white people no longer inherit from
               | their parents any assets gained during segregation, any
               | houses bought with new deal mortgages (black people were
               | barred from these), any building in an HOA that has
               | historically banned renting to blacks, any legacy
               | admissions preferences which originated when black people
               | couldn't attend colleges, any businesses started with any
               | new deal era loans (again, barred black people), any
               | benefits from degrees or education fostered from
               | segregated schooling etc.
        
               | carefulobserver wrote:
               | Under what moral philosophy is it acceptable to hold
               | people responsible for things they had no part in? Other
               | than your abstract idea that "history should be fair," do
               | you have any justification for this idea?
        
               | greedo wrote:
               | I had no part in interning Americans of Japanese descent
               | during WW2. But I believe that the country I live in is
               | responsible for addressing that wrong. And I feel the
               | same about addressing the wrongs of slavery and racism
               | that continue to this day.
        
               | HideousKojima wrote:
               | I'm more than happy to forgive black people for the sins
               | of their parents once they no longer inherit from their
               | parents businesses that get preferential treatment in
               | government contract bids, any houses bought with special
               | mortgages designed to subsidize minorities, etc. etc.
               | etc.
               | 
               | Or you could realize that civil society is impossible if
               | you insist on punishing people of the present for the
               | sins of the past.
        
               | cma wrote:
               | > if you insist on punishing people of the present for
               | the sins of the past.
               | 
               | I think Germany's reparations for the Holocaust make
               | sense, for instance.
        
               | dcow wrote:
               | Did German jews get a tax break? Or was the burden
               | carried by all?
               | 
               | Generally, I think the nuanced take is that nobody is
               | saying they don't want to help right past wrongs if the
               | effects are still present today. They're saying that
               | doing so on an artificial boundary of a protected class
               | is toxic and backwards and does not positively contribute
               | to the solution.
               | 
               | What if we just invested more in poor and disparaged
               | communities and added a 10% federal poor and disparaged
               | communities tax. I don't see anything rhetorically sour
               | about that (the number isn't the point). A burden shared
               | by all to work towards a better world given to those
               | communities with clear needs...
        
               | dcow wrote:
               | I have inherited nothing from my parents except financial
               | help with my college education. My dad is utterly in debt
               | from funding his 7 children's college educations because
               | he believes (correct or not) that _that_ is how you set
               | your kids up for success. He will likely die barely out
               | of debt. I am white. I have worked for everything I have.
               | I bought an auction property in the low income
               | neighborhood in my city and have invested blood swear and
               | tears and financially to the point where I am in debt for
               | years to come to turn it into a nice property for the
               | neighborhood. I do not take my privileges for granted. Do
               | I deserve your scorn?
        
               | polygamous_bat wrote:
               | > I have inherited nothing from my parents except
               | financial help with my college education. My dad is
               | utterly in debt from funding his 7 children's college
               | educations...
               | 
               | Contradicting yourself much? The whole point of the
               | previous comment was if your father was black he would be
               | much less likely to get the loan in the first place,
               | which would result in, at the very least, crippling
               | college debt for yourself, which would in turn lead to
               | renting until you're ready to pass the ghost.
        
               | orangepurple wrote:
               | He didn't get a loan. His father paid out of pocket,
               | massively harming his own finances to help his children.
        
               | dcow wrote:
               | No, the point is I have no traceable lineage to a hoard
               | of wealth amassed by slave owners 6 generations ago that
               | is filling the family coffers as people seem to be
               | implying is true of all white Americans. My family
               | immigrated over here 3 generations ago from shit
               | conditions in a war torn Europe.
               | 
               | Furthermore you have no idea my family's situation and
               | whether my father would or would not have been actually
               | more likely than a black man in a similar situation to
               | "get a loan" (he didn't even get loans like you suggest).
               | And generally your comment doesn't even apply to my
               | situation it's cant be reduced in the way you're trying
               | to argue it can. Also student loans ensure that there
               | isn't discrimination in who can take out a loan for
               | college. Arguably my dad paid a tax because he didn't
               | have use take out loans and help pay that way.
        
               | MisterBastahrd wrote:
               | > My family immigrated over here 3 generations ago from
               | shit conditions in a war torn Europe.
               | 
               | And? How's that even matter in this conversation? The
               | United States of America as an entity benefitted greatly
               | from wealth generated through slavery. Doesn't matter
               | whether your ancestors were slave owners. They came over
               | to this country and immediately had more rights than any
               | black person walking down the street.
               | 
               | > Furthermore you have no idea my family's situation and
               | whether my father would or would not have been actually
               | more likely than a black man in a similar situation to
               | "get a loan" (he didn't even get loans like you suggest).
               | 
               | We know for a fact that this is the case.
               | 
               | > Also student loans ensure that there isn't
               | discrimination in who can take out a loan for college.
               | 
               | Student loans also conveniently are non-dischargable
               | except by death. Almost like being enslaved.
               | 
               | > Arguably my dad paid a tax because he didn't have use
               | take out loans and help pay that way.
               | 
               | What's your father's poor planning have to do with the
               | plight of other people?
        
               | wonderwonder wrote:
               | With all due respect, white people don't need your
               | forgiveness. When will the black Africans who's ancestors
               | sold people into slavery earn your forgiveness? They
               | don't need it either.
               | 
               | No one alive in the US has legally owned slaves. The more
               | we focus on this insane rhetoric of "sins of the father"
               | the longer it will take for everyone to just see each
               | other as humans. I'm a jew from a tiny family, most of
               | them died in the holocaust and Russia. I don't expect
               | reparations from the current Germans or Russians, they
               | had nothing to do with it. I came to this country in my
               | early teens with my parents who had literally a few k to
               | their names after selling all their possessions in our
               | home country.
               | 
               | My dad died essentially a pauper. My brother and I each
               | are by all measures financially and socially successful
               | now. People should stop spending so much effort blaming
               | the past for their present, just get on with it. Its your
               | life, do or do not.
        
               | tourmalinetaco wrote:
               | I'd never pay that. Because the money would go into
               | someone's pockets, sure, but not the disadvantaged. Just
               | some fat cats of the "right" color running the group
               | collecting the money. I mean look at what happened with
               | Black Lives Matter.
               | 
               | > Yes, there are still some poor and intensely disparaged
               | communities of predominately minority populations.
               | 
               | And there are poor, intensely disparaged communities in
               | majority populations. A great example is "American
               | Hollow", a 1999 documentary by Rory Kennedy about an
               | Appalachian family, their life with poverty, and making
               | ends meet in the mountains.
               | 
               | Generational wealth exists, and Blacks are certainly
               | affected, but I'm not convinced that trying to "shift"
               | wealth so unnaturally (and especially in such racist
               | ways) really helps anything.
        
               | dcow wrote:
               | I mean yeah it was a rhetorical device. You're paying for
               | people to stop making everything about race, was the
               | point.
        
               | camgunz wrote:
               | LBJ gave the commencement speech at Howard more than 50
               | years ago and said:
               | 
               | That beginning is freedom; and the barriers to that
               | freedom are tumbling down. Freedom is the right to share,
               | share fully and equally, in American society--to vote, to
               | hold a job, to enter a public place, to go to school. It
               | is the right to be treated in every part of our national
               | life as a person equal in dignity and promise to all
               | others.
               | 
               | But freedom is not enough. You do not wipe away the scars
               | of centuries by saying: Now you are free to go where you
               | want, and do as you desire, and choose the leaders you
               | please.
               | 
               | You do not take a person who, for years, has been hobbled
               | by chains and liberate him, bring him up to the starting
               | line of a race and then say, "you are free to compete
               | with all the others," and still justly believe that you
               | have been completely fair.
               | 
               | Thus it is not enough just to open the gates of
               | opportunity. All our citizens must have the ability to
               | walk through those gates.
               | 
               | ---
               | 
               | It's gonna take a very long time. Reparations are valued
               | in the trillions. Truly insane violence has been
               | perpetuated on racial minorities in America. It's gonna
               | take more than ~60 years of Jim Crow-free America to make
               | things right.
        
               | itsoktocry wrote:
               | > _It 's gonna take more than ~60 years of Jim Crow-free
               | America to make things right._
               | 
               | How does this work, in practice? Look at the comments
               | here; do you think one half of the population is going to
               | vote for politicians who want to implement a special tax
               | that sees money from their pay check going to their
               | neighbors, based on race? That will never happen.
        
               | carefulobserver wrote:
               | I would challenge you to cite any government program in
               | history in any country that has successfully achieved
               | "equalization of outcome for racial groups." For those
               | advocating extreme measures and philosophies, the burden
               | of proof should be very high.
        
               | dcow wrote:
               | Then why have the goal posts moved? That's my only
               | challenge to the status quo. Presumably they've moved
               | _because_ moving them is the only way (or at least the
               | only cheap /easy way) to maintain a narrative of
               | injustice. Shouldn't we be able to pursue this vision
               | without frivolously chasing a metric we have absolutely
               | no understand of let alone control over?
               | 
               | It's subtle but the motives are very different: if you
               | want to maintain a narrative of injustice, then you will
               | find ways to do that. OTOH, if you want to build a
               | narrative of equality, success, and support, then you
               | need to be open to the outcome that racial undertones and
               | the victim status of minorities will fade into history.
               | Thats the entire goal, right?
        
               | camgunz wrote:
               | The goal posts never moved. They were always:
               | 
               | - People of color don't experience special violence
               | 
               | - People of color don't experience special rates of
               | poverty
               | 
               | - People of color aren't specially diverted from the
               | pursuit of happiness
               | 
               | We're so far away from this goal that we can only hazily
               | imagine achieving it. For example, white high school
               | dropouts have higher home ownership rates than Black
               | college graduates [0]. Either you think Black people are
               | just bad with credit cards (which would be racist) or you
               | think there's some structural cause.
               | 
               | I think people want a number, like a number of years or
               | an amount of money so we can finally say, "we did it, we
               | made things right." It's even in this opinion. I don't
               | think that's a useful way of looking at it, because no
               | metrics really capture what it's like to be in a
               | marginalized group. Hell we can't even agree on metrics
               | for software engineers; we definitely can't get it right
               | for this.
               | 
               | What we should do instead is create race conscious
               | policies that address inequalities when we find them. We
               | should do this for everyone btw: white people who have
               | been victimized by the opioid epidemic, women who've
               | experienced violence, etc. etc. Race-conscious admissions
               | programs were doing this work for college admissions, but
               | sadly not anymore.
               | 
               | [0]: https://socialequity.duke.edu/wp-
               | content/uploads/2019/10/Umb...
        
               | amluto wrote:
               | I think you jumped to a poorly argued conclusion with:
               | 
               | > What we should do instead is create race conscious
               | policies
               | 
               | Of course, the goalposts you mentioned are good goals.
               | But it's far from clear that face conscious policies are
               | appropriate or effective.
               | 
               | Appropriateness is, of course, a matter of opinion, but
               | the Supreme Court has decided that the policies in
               | question are unconstitutional. But effectiveness is an
               | empirical matter. For example, in 1996, California banned
               | most affirmative action in public universities. (To be
               | clear, a lot of very well intentioned people at the
               | universities supported affirmative action. Source:
               | personal knowledge.). It took a few years for the
               | situation to settle down, but the results of removing
               | affirmative action seem to have been a pretty clear
               | _benefit_ to black students at the University of
               | California campuses.
               | 
               | It turns out that, just because a policy is well
               | intentioned, it does not follow that it is effective at
               | achieving its good intentions. I could rattle off quite a
               | few examples of policies that fail in this regard.
               | 
               | https://archive.is/bjv8J
        
               | camgunz wrote:
               | > the results of removing affirmative action seem to have
               | been a pretty clear benefit to black students at the
               | University of California campuses
               | 
               | This is incorrect; removing affirmative action was real
               | bad for Black students [0]. The article you cite
               | references the discredited "mismatch" theory also pushed
               | by Justice Thomas. Mismatch theory was never supported by
               | data, and the studies that do seem to support it have
               | huge problems [1]. No serious person thinks it's real.
               | 
               | Race-conscious admissions were an unqualified good for
               | millions of minority students. They're probably only
               | second to Social Security as a US anti-poverty policy.
               | There's no amount of weirdo reasoning or fact twisting
               | that can obscure that.
               | 
               | [0]: https://academic.oup.com/qje/article/137/1/115/63609
               | 82?guest...
               | 
               | [1]: https://www.abajournal.com/web/article/studies-
               | supporting-mi...
        
               | EatingWithForks wrote:
               | I think the problem is obviously a racial hierarchy is
               | motivated to pretend that minority status is already
               | faded into history, especially if it isn't faded right
               | now. Similar to how my boss says that his kneecapping my
               | career is in the past now, there's a new peer review
               | quarter and I have new opportunities so why should I be
               | mad? Maybe sure 10 years from now it'll be whatever, but
               | he just sabotaged me last quarter. Of course to him it's
               | water under a boat, he has every motivation to pretend it
               | to be so, and to say my pointing out that I'm still a
               | harmed party to be goalpost moving or whatever nonsense
               | he wants to come up with to say it doesn't exist anymore
               | and therefore he doesn't even have to lift a finger to
               | make it up to me.
        
               | dcow wrote:
               | It's important for me to be very precise and clear here:
               | I am not arguing that speaking up and pointing out that
               | you were actively wronged is moving the goalposts. It's
               | literally not and I'm not trying to silence you or
               | discourage the royal your initiative to do so! I think
               | your boss should probably be fired and you should get a
               | bonus.
               | 
               | There _are_ , however, people making the argument that we
               | need to focus on equality of outcome as the solution (vs
               | firing your boss and paying you damages). And followers
               | of this idealogical doctrine have made political inroads
               | in schooling and government. It's this behavior
               | specifically that I'm criticizing.
               | 
               | Yes, part of the problem is that we're such a binary
               | society so these nuances get bucketed into larger issues
               | and it's all really hard to sort out.
        
               | dlivingston wrote:
               | > It's gonna take more than ~60 years of Jim Crow-free
               | America to make things right.
               | 
               | Agreed, but as the parent comment said, what's the end-
               | goal? What are the metric(s) whereby we can say "things
               | are now right", or even, "things are approaching the
               | direction of right-ness"?
        
               | howinteresting wrote:
               | p25, p50, p75 wealth among Black and white families for
               | starters.
        
               | strstr wrote:
               | Is attending a prestigious college an outcome or an
               | opportunity?
        
               | kajecounterhack wrote:
               | > 9 times out of 10, there is no end goal and that's
               | where I draw the line in lending my valuable time, my
               | money, my vote, and/or any mental space for stress and
               | concern to a proposed cause
               | 
               | Is ending systemic injustice that hard to grok? Certain
               | races in the United States face discrimination on a daily
               | basis, and in addition to the social effects of this they
               | are also significantly disadvantaged on education and
               | family income. You can measure things like "how many
               | people in your family went to college," as well as family
               | AGI and do breakdowns by race. You can draw a direct line
               | to racist social policies, even ones less extreme than
               | slavery or Jim Crow. Ones that come to mind include
               | redlining, the historically rough medical treatment of
               | black folks, and, I don't know, the frequent shooting of
               | unarmed colored people by police?
               | 
               | > If you came to me and said every white person has to
               | pay e.g. $5000 this generation, 4k the next, then 3k, and
               | so on to balance out slavery and then we're done talking
               | about race and we can move on I would pay up immediately
               | even though I disagree with the idea of reparations and
               | holding future generations accountable for the sins of
               | their fathers.
               | 
               | The problem is you want a "clear goal" a.k.a simple
               | solution when there just isn't one. This is a multi-
               | faceted issue that requires thoughtfulness. Yours is the
               | same mentality missionaries bring to Africa -- "just give
               | them clothes, food, and shoes" with no regard to the more
               | important things like building an economic engine that
               | lets people self-sustain, contribute, and compete.
               | 
               | There are a _lot_ of kinds of reparations that could
               | happen beyond affirmative action (e.g. better investment
               | in black-majority communities via schools, favorable
               | loans, etc) and they don't have to come out of just white
               | folks' pockets (just spend taxpayer money so we all share
               | the burden).
               | 
               | > The hard reality is that we have made a lot of progress
               | and it's almost impossible to argue that we're missing
               | equality of opportunity anymore.
               | 
               | Opportunity is a function of preparation and people
               | taking chances on you.
               | 
               | - Preparation costs time and money and racial minorities
               | have measurably less time and money on average.
               | 
               | - People taking chances on you requires network. Folks
               | from historically disadvantaged races don't have the
               | benefit of legacy, or even role models (consider being a
               | mexican high schooler visiting Google campus -- would you
               | think becoming a software engineer there is attainable
               | for you?) The psychological impact of stuff like this is
               | profound.
               | 
               | A black friend I met in college went through high school
               | assuming that would be the end of his education because
               | that was just how it was in his mostly-black neighborhood
               | -- is that something you can internalize at all? Is that
               | not evidence against "equality of opportunity" ??? The
               | year was 2010 for pete's sake. This is a frequent thing.
               | 
               | > What I can't get behind is being perpetually
               | discriminated against as a white person under a framework
               | of ever-evolving goalposts chasing racial equity of
               | outcomes into the sunset.
               | 
               | As a white person, your individual chances of going to
               | Harvard are not meaningfully affected by the presence of
               | affirmative action. Consider their admission rate of
               | 0.04, then consider affirmative action affects 10% of
               | applicants. Your chance of admission is now 0.036, which
               | at the end of the day is basically the same. You have a
               | 96.4% chance of not being admitted vs 96% chance.
               | 
               | More importantly, as a white person _you started with a
               | better dice roll_ so you should compete against folks who
               | started with similar dice rolls. Affirmative action
               | doesn't mean black folks get guaranteed admission to
               | harvard; they still have to compete against other high-
               | achieving people of the same race.
               | 
               | I'm Asian -- affirmative action is technically worse for
               | me than you because Asian-american immigrants
               | historically have optimized against college admission
               | metrics very well. But I fully support it, because the
               | continuing legacy of slavery and race-based
               | discrimination in this country is too egregious to do
               | nothing about. Equality of opportunity is the long term
               | goal, but to get there you need to create less-unequal
               | outcomes to prime to pump. It's just too lopsided as it
               | is. My child will do fine at a solid state school if
               | their 0.036% chance at Harvard doesn't pan out.
               | 
               | Take yourself out of it for a second: consider whether
               | your child will be more or less discriminated against
               | than an average black person's child. They have some
               | solid advantages: they won't get killed for calling the
               | police, they have you as their parent (you're posting
               | multiple paragraphs on hacker news about paying $5k+ in
               | reparations, so you're probably doing fine), they
               | probably won't have problems booking an AirBnB or with a
               | doctor treating them like they're 5 years older, and they
               | probably won't do jail time for smoking marijuana or even
               | doing coke if we're being honest.
        
               | amluto wrote:
               | > As a white person, your individual chances of going to
               | Harvard are not meaningfully affected by the presence of
               | affirmative action. Consider their admission rate of
               | 0.04, then consider affirmative action affects 10% of
               | applicants. Your chance of admission is now 0.036, which
               | at the end of the day is basically the same. You have a
               | 96.4% chance of not being admitted vs 96% chance.
               | 
               | I can't follow your math at all.
               | 
               | Something like 30% of the student body, per the opinion,
               | is black or Hispanic. If you assume that all of those
               | people were admitted solely as a result of affirmative
               | action (which is obviously not the case), that creates a
               | 30% reduction in available slots, which will reduce the
               | admission rate of everyone else (assuming the same people
               | apply) by 30%.
               | 
               | This is made up, but I don't see where your 10% comes
               | from.
        
               | dcow wrote:
               | > You can measure things like "how many people in your
               | family went to college," as well as family AGI and do
               | breakdowns by race. You can draw a direct line to racist
               | social policies, even ones less extreme than slavery or
               | Jim Crow. Ones that come to mind include redlining, the
               | historically rough medical treatment of black folks, and,
               | I don't know, the frequent shooting of unarmed colored
               | people by police?
               | 
               | Of course you can measure this stuff, that's the point!
               | 
               | > The problem is you want a "clear goal" a.k.a simple
               | solution when there just isn't one. This is a multi-
               | faceted issue that requires thoughtfulness. Yours is the
               | same mentality missionaries bring to Africa -- "just give
               | them clothes, food, and shoes" with no regard to the more
               | important things like building an economic engine that
               | lets people self-sustain, contribute, and compete.
               | 
               | I presented that hypothetical solution rhetorically. I
               | actually don't think that paying money is a real
               | solution. But I want to get to the point where someone
               | advocating for the cause can say "these are the
               | acceptable end conditions".
               | 
               | > In college one of my black friends went through high
               | school assuming that would be the end of his education
               | because that was just how it was in his mostly-black
               | neighborhood -- is that something you can internalize at
               | all? Is that not evidence against "equality of
               | opportunity" ??? The year was 2010 for pete's sake. This
               | is a frequent thing.
               | 
               | I had white and black and brown and yellow friends in
               | college from low income neighborhoods who all experienced
               | this. Yes, it's something I'm able to consider
               | compassionately.
               | 
               | > I'm Asian -- affirmative action is technically worse
               | for me than you because Asian-american immigrants
               | historically have optimized against college admission
               | metrics very well. But I fully support it, because the
               | continuing legacy of slavery and race-based
               | discrimination in this country is too egregious to do
               | nothing about. Equality of opportunity is the long term
               | goal, but to get there you need to create less-unequal
               | outcomes to prime to pump. It's just too lopsided as it
               | is. My child will do fine at a solid state school if
               | their 0.036% chance at Harvard doesn't pan out.
               | 
               | I am well aware of the dynamics of AA.
               | 
               | > Take yourself out of it for a second: consider whether
               | your child will be more or less discriminated against
               | than an average black person's child.
               | 
               | Where's the framework for evaluating as much? Where's the
               | audits to confirm that any temporary cheap discrimination
               | is actually priming the pump and not causing more harm
               | (and yes there _is_ evidence that affirmative action isn
               | 't all that you're cracking it up to be). All I'm asking
               | for is to be objective and calculated about these things
               | and not emotional and sloppy.
               | 
               | ---
               | 
               | Look, you and I are different people with different
               | tolerances for discrimination.
               | 
               | I am hypothetically okay being discriminated against in
               | the short term (as you are) if it provably corrects a
               | clear issue and we have an agreement in place to evaluate
               | the program as it's happening, make sure it's
               | contributing to the desired outcome, and to stop the
               | discrimination once clear end conditions are met.
               | 
               | Of course I'd _rather_ not be discriminated against
               | explicitly since I think that 's a sloppy proxy solution
               | and instead I'd rather address the actual problems even
               | if they're more expensive and more difficult programs to
               | execute--everyone should share the load of building the
               | society we want to live in.
               | 
               | In general, you're okay hearing about the atrocities of
               | the past and allowing yourself to be discriminated
               | against on the loose grounds that any discrimination
               | serves to correct the atrocities. You feel guilt about
               | the wrongs of the past and are thus able to justify
               | discrimination as a form of atonement.
               | 
               | On the other hand, I am not okay allowing myself to be
               | discriminated against because of past events I had no
               | control over or participated in, despite arguably
               | indirectly benefitting from them loosely based on the
               | color of my skin. I do not feel guilt or the need to
               | atone for those previous wrongs. I do feel responsibility
               | to contribute to correcting any outstanding issues that
               | still exist today.
               | 
               | Therefore I am not phased by an argument that lists all
               | the bad things that happened and concludes "oh you must
               | still atone". And it is not justification outright for
               | introducing discrimination to me or my children today.
               | 
               | I am swayed by logical assessments of the _current_
               | situation and well thought out proposals on how to
               | address remaining problems. I want equality of
               | opportunity and I very much disagree we 'll achieve it by
               | focusing on equality of outcome. I don't think that's the
               | right path. AA has primed the pump as you say of the
               | opportunity engine for generations now. Let's assess the
               | situation and move on.
               | 
               | We share a desire for the same goal, but we are different
               | in our approaches. If that makes me an asshole and you
               | not, well that's outside of either of our control. I can
               | assure you my stance isn't some cheap sensational
               | response to this headline or something. I have spent more
               | time than I'd wager most have considering these issues
               | and determining how I wish to engage.
        
               | kajecounterhack wrote:
               | > I am hypothetically okay being discriminated against in
               | the short term (as you are) if it provably corrects a
               | clear issue and we have an agreement in place to evaluate
               | the program as it's happening, make sure it's
               | contributing to the desired outcome, and to stop the
               | discrimination once clear end conditions are met.
               | 
               | Do you consider it discrimination that disabled folks get
               | to park in special spots? I don't consider
               | discrimination. Some people just need more help to get
               | where they're going, and some of us will be just fine
               | using the legs we were born to walk with. In the same
               | vein, I don't feel like I'm being discriminated against
               | by affirmative action. And I'm not worried about my kid
               | even if those policies remained in place.
               | 
               | Nobody thinks affirmative action is perfect. For example
               | if I could make a change myself I'd focus on the economic
               | part of socioeconomic more so that it's not mainly
               | privileged people of color getting priority. But you have
               | to start somewhere. With systems governing people it's
               | just not that realistic to ask that everything be
               | perfectly measurable or that there is a neat objective
               | function to optimize.
               | 
               | > Therefore I am not phased by an argument that lists all
               | the bad things that happened and concludes "oh you must
               | still atone". And it is not justification outright for
               | introducing discrimination to me or my children today.
               | 
               | You're very focused on yourself. Nobody is asking you as
               | an individual to "atone" for anything because you didn't
               | do anything. What we are discussing is _systemic changes_
               | designed to help folks who are disadvantaged _also
               | without having done anything_. Broad, high-level changes
               | like affirmative action just don't have the impact on
               | individuals in the majority that you are making them out
               | to have. They do however have outsized impact on folks in
               | the minority.
               | 
               | In general I find it gross to be so focused on what
               | you're calling your own discrimination when it totally
               | pales in comparison to the experiences of folks who face
               | actual discrimination. You say you're able to consider
               | others' experiences compassionately, but that's clearly
               | just lip service, otherwise you wouldn't be calling
               | affirmative action "discrimination."
        
               | f154hfds wrote:
               | > Some people just need more help to get where they're
               | going, and some of us will be just fine using the legs we
               | were born to walk with.
               | 
               | This is exactly the issue at play. There's a fundamental
               | difference between _unending_ affirmative action and
               | temporary 'help'. If you believe in equality of outcome
               | then you will never be satisfied and we will always be
               | 'helping' the disadvantaged group achieve various metrics
               | forever. Eventually people deserve the dignity of a level
               | playing field, otherwise you seem to be saying they're
               | incapable of handling a level playing field which would
               | be.. racist (by definition).
               | 
               | Your example of handicaps is disturbing, I know you
               | didn't intend it in a racist way, but read what you wrote
               | from the perspective of an African immigrant. Just
               | because a person is black does not mean they're
               | 'handicapped'!
        
               | kajecounterhack wrote:
               | > Your example of handicaps is disturbing
               | 
               | Being born a certain race is a disadvantage in the same
               | way being born with physical disability is a
               | disadvantage. They're not the same but that was the point
               | I was trying to make: we look out for disadvantaged folks
               | in some societal contexts. Why are y'all complaining
               | about systemically disadvantaged people getting some
               | help? Is it because you can't trace the taxpayer dollars
               | we spend on things like Section 8 housing back to your
               | wallet, but you can trace back your rejection letter from
               | Harvard to accursed affirmative action?
               | 
               | > If you believe in equality of outcome then you will
               | never be satisfied
               | 
               | If you re-read what I wrote earlier, I said equality of
               | opportunity is the north star. But just because you
               | believe in that north star doesn't mean you can't see the
               | value in skewing the current state by other means until
               | you're there.
               | 
               | > you seem to be saying they're incapable of handling a
               | level playing field which would be.. racist
               | 
               | No, I'm saying colored folks _are_ capable of achieving
               | the same things as white folks if given the same
               | advantages and privileges. But they don't get those
               | advantages and privileges because society is broken.
               | Affirmative action is one tool we can use to help put
               | more colored folks in places of power in society. Without
               | this, we will never sniff equal opportunity. Having
               | people who look like you in places of power is important
               | because they can advocate for you.
        
               | calf wrote:
               | White fragility is demanding that minorities provide a
               | well thought out, objectively quantified solution or else
               | nothing is worth trying. We see this over and over again.
        
               | suresk wrote:
               | I agree that the goals and means to get to them are fuzzy
               | and it feels frustrating at times, and things like
               | affirmative action felt like trying to make two wrongs
               | equal a right. But it also feels shitty and callous to
               | say "Sorry about the whole segregation thing, hopefully
               | everything evens out in a few hundred years or so.."
               | 
               | I think the hard part is that "Equality of Opportunity"
               | is either so strictly defined that it is pointless, or it
               | very quickly becomes really squishy and feels like
               | "Equality of Outcome".
               | 
               | Most college applicants today are going to be something
               | like 2 - 4 generations removed from official, legally
               | sanctioned segregation (a situation I think most people
               | would agree doesn't count as equality of opportunity).
               | Would you argue that the average white student and
               | average black student have equality of opportunity today?
        
             | djur wrote:
             | How exactly has equality of outcome been "proven to be
             | doomed"? At the aggregate level, at least?
        
               | akomtu wrote:
               | If the outcome doesn't depend on your actions, there's no
               | point in doing anything. Such a lethargic society cannot
               | function, so to push it into motion the ruler has to use
               | force and cruelty. The people will do the work, not
               | because they hope to get something, for the outcome is
               | always the same - cheap food and 4 hours of sleep - but
               | because they want to avoid punishment.
        
               | wizofaus wrote:
               | I don't think anyone seriously suggests "equality of
               | outcome" should mean "regardless of any actions/decisions
               | you take in life". I would treat it as meaning "given two
               | different large subsets of society that differ
               | markedly/measurably on key indicators, there shouldn't be
               | a difference in average outcomes between those born into
               | one subset vs the other". Depending on the
               | indicators/subsets in question that may well be a
               | worthwhile & achievable goal. Particularly if the
               | "outcomes" being measured go beyond just material wealth
               | (e.g. health/wellbeing outcomes).
        
               | dcow wrote:
               | Equality of outcome can only be enforced currently by a
               | tyrannical government. It's wholly doomed unless we can
               | identify and correct for every hidden variable affecting
               | outcomes.
        
               | f154hfds wrote:
               | One issue is there's infinite metrics to measure outcome,
               | and any measurement you choose will have certain groups
               | excel in compared to others. Once we achieve equality in
               | a certain metric we will always have new ones to work on
               | essentially forever. This may be a good goal for
               | people/institutions but it can't contribute to
               | discrimination being indefinite in scope.
               | 
               | Another issue is we're talking about group level outcomes
               | here - which means we're already accepting that there
               | will be biases in measurements, otherwise the group
               | wouldn't be a 'group' (unless it's literally just skin
               | color which is - a pretty arbitrary/racist way to group
               | people all else being equal).
        
               | kneebonian wrote:
               | Equality of outcome is just a fancy way of saying
               | tyranny. Freedom can only exist and only be freedom if
               | you have the right to fail or succeed, if no one can fail
               | or succeed because everyone is made the same there is no
               | freedom, there is no choice.
               | 
               | Those that advocate for equality of outcome desire to
               | make again a slave state, where they as "superior
               | educated white people" can ensure that black people are
               | "taken care of" by ensuring they all have jobs, they all
               | have housing, they all have healthcare, they all have
               | food, and that they have no freedom.
        
               | [deleted]
        
             | cdmcmahon wrote:
             | Equality of opportunity after centuries of slavery and then
             | legal discrimination in a society that allows (and even
             | outright promotes) inherited wealth and opportunity is not
             | possible.
             | 
             | Imagine my ancestors stole all of your ancestors stuff and
             | I still get to keep it all and anything I've built using
             | it. We've stopped stealing your stuff now, though, so we
             | have "equality of opportunity."
        
               | [deleted]
        
               | ryandrake wrote:
               | That's a very good way of framing it: Opportunity is
               | largely inherited, therefore there cannot be real
               | equality of opportunity.
        
               | f154hfds wrote:
               | You're changing the definition of opportunity here to
               | still mean outcome I think.
               | 
               | > <Outcome> is somewhat inherited, therefore there cannot
               | be real equality of <outcome>.
               | 
               | The US used to be a land of 'opportunity' for poor
               | immigrants. They came to the US and worked hard to
               | overcome their circumstances and make a better life for
               | themselves and their children.
               | 
               | It would be insulting and demoralizing to them to say
               | that opportunity is impossible because they're poor,
               | because their uncle doesn't own the bank down the street.
               | The point of opportunity is that it's _possible_ to
               | succeed, the scales are not unfairly weighed against you
               | by law or societal prejudice.
               | 
               | Many things make achieving outcomes hard - poverty,
               | mental health, bad luck - these are sometimes affected by
               | the past too, but they don't necessarily take away
               | opportunity in that the hope in success is still
               | possible. This hope is important to the soul is it not?
               | This is why opportunity is so important, it's essentially
               | hope.
        
               | ryandrake wrote:
               | Opportunity is not a boolean "have" vs "don't have". It's
               | a probability distribution, and much of that probability
               | is inherited.
               | 
               | The son of an investment banking executive has much
               | greater opportunity to also become an investment banker
               | than some rando dude from the street, even if it is
               | remotely possible. That opportunity delta is real, and
               | it's largely, almost entirely, due to family ties.
               | 
               | I would not say that I have the opportunity to become a
               | billionaire, even though it is technically possible, but
               | astronomically unlikely.
        
               | f154hfds wrote:
               | I agree that opportunity is a spectrum but I disagree
               | that it's inherited in our country because I disagree
               | with your definition of opportunity. It's a spectrum in
               | the sense that people can succeed regardless of societal
               | prejudice or discriminatory laws, even though they'd have
               | more opportunity if that prejudice didn't exist. Equal
               | opportunity does not necessitate an equal outcome, nor
               | does it imply it.
               | 
               | Immigrants don't have the opportunity to become president
               | of the US because of US law, but any natural-born citizen
               | of the country does have that opportunity regardless of
               | the likelihood. The US has always had immigrants achieve
               | boundless success here which is why it was considered the
               | land of opportunity, not because everyone did - or
               | because it was 'fair', but because it was possible.
        
               | onos wrote:
               | It's reasonable but then you learn that poor Asians do
               | well. They inherit nothing, go to poor schools, but then
               | do well.
        
               | kajecounterhack wrote:
               | Asians are not a homogenous group. For example, Filipino
               | and Vietnamese outcomes did not do as well as Taiwanese,
               | Korean, and Japanese immigrants in the wave from the 60s.
               | 
               | There are lots of factors that contribute to an ethnic
               | group's relative success in playing the economic game,
               | some of which are unique to that cohort and not the
               | ethnicity itself. Past results do not guarantee future
               | performance.
               | 
               | One example: the communist revolution expelled professors
               | and academics from China, thus many Chinese and
               | Taiwanese-american immigrants from that generation had
               | scholarly backgrounds which obviously translates well.
               | Compare to a history where your people were enslaved and
               | your cultural background entirely erased.
               | 
               | Another example: getting an H1B as an Indian person today
               | is super competitive / hard, but much easier if you're
               | another ethnicity. What does that mean for future
               | generations of Indian-Americans? There's going to be a
               | selection bias.
        
               | Manuel_D wrote:
               | > Asians are not a homogenous group. For example,
               | Filipino and Vietnamese outcomes did not do as well as
               | Taiwanese, Korean, and Japanese immigrants in the wave
               | from the 60s.
               | 
               | There's some variation, but even so they still perform
               | better than "white" people with the same socioeconomic
               | status - even among Filipino and Southeast Asians:
               | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4060715/
        
               | itsoktocry wrote:
               | > _Imagine my ancestors stole all of your ancestors stuff
               | and I still get to keep it all and anything I 've built
               | using it._
               | 
               | Yes, I agree!
               | 
               | But what if _my_ ancestors did not steal your ancestors
               | stuff? Am I still responsible, because I have the same
               | skin color as the folks who harmed you?
        
               | nameless_prole wrote:
               | [dead]
        
               | akomtu wrote:
               | This example is about generosity. In this case you don't
               | owe anything to your less fortunate peer, but not sharing
               | it is greed and when greed is the driving force of our
               | society, it's not surprising nobody wants to share his
               | wealth. In a society of a far future that will run on
               | generosity, being obsessed about possessions will be seen
               | as a weakness. It seems that some proponents of the
               | "affirmative action" sense that future society, and try
               | to implement it here, but since they poorly understand
               | human nature, and since their own nature is imperfect,
               | they pervert the high ideal.
        
           | ahtihn wrote:
           | > Poor White and Asian kids still beat out poor Black and
           | Hispanic kids academically on average
           | 
           | Why is that the case?
           | 
           | For Asians, I don't see what systemic privilege they could
           | have that would need to be compensated away?
        
             | crackercrews wrote:
             | Asians spend much more time than others on homework. [1]
             | 
             | 1: https://journals.sagepub.com/doi/full/10.1177/0731121422
             | 1101...
        
               | Izikiel43 wrote:
               | So, because they study more, and their family places more
               | importance in studying, they should be brought down
               | because they are not the right race?
        
               | HDThoreaun wrote:
               | I think it's more that admissions aren't actually
               | optimizing for academic success. They're optimizing for
               | career success. If you just look at academic signals
               | you'll accept the most academically successful students
               | but that's not the point. It's not unreasonable to punish
               | applicants for spending more time studying because
               | studying skews the metric they're using to predict career
               | success.
        
               | Izikiel43 wrote:
               | > studying skews the metric they're using to predict
               | career success
               | 
               | Which is what? Studying is hard, getting academic success
               | is hard, and there is a positive correlation for both of
               | those and career success, as academic success requires
               | discipline, grit, and hard work, which are all useful for
               | career success.
        
               | HDThoreaun wrote:
               | They've been using academic success to predict career
               | success. I agree it's a good predictor. It's not
               | foolproof though. The issue is that it can be skewed by
               | devoting more resources to academic success instead of
               | for example starting a business or political action or
               | sports. Is someone less likely to have a successful
               | career because they started a business instead of
               | studying an extra hour every day? This is why the most
               | elite schools switched to extracurricular and interview
               | heavy admission criteria which ended up disfavoring
               | asians who tend to spend more time on academic success.
               | 
               | The goal was to actually do a better job of finding the
               | applicants with discipline and grit, not just the ones
               | who have it in an academic context.
        
               | crackercrews wrote:
               | Where did you see that in my comment? I don't think that
               | at all.
        
               | adventured wrote:
               | They're not concerned with the angle used - any angle
               | that works is acceptable - just that more successful
               | groups are brought down, and they're concerned with the
               | levers used to bring them down (as a matter of cultural
               | control). The idea is to be able to dominate politically
               | through manipulation. For some political machines that's
               | viewed as a critical tool: intentionally segment people
               | into conflict groups (forever subdividing as you go),
               | spur endless conflict and cultural control through the
               | conflict (hate speech controls = end of free speech, and
               | so on).
        
               | charlieyu1 wrote:
               | So hard work should be punished?
        
               | crackercrews wrote:
               | I definitely did not say that! I was just answering GP's
               | question with a simple fact and link.
        
               | koolba wrote:
               | No of course not. We'll just ban it to level the playing
               | field.
        
               | nirav72 wrote:
               | Lot of schools no longer put emphasis on SAT/ACT scores.
               | So yeah that's basically what they did.
        
               | nfw2 wrote:
               | The ironic thing is that standardized tests are the most
               | objective metric we have. Things like extracurriculars
               | reflect more on the parents and community than the kids.
        
               | mcphage wrote:
               | > So yeah that's basically what they did.
               | 
               | You think you need to work hard to get a high SAT score?
        
               | orangepurple wrote:
               | I needed to work hard to get a very high SAT score
               | because I'm a dummy. But I did it.
        
             | tbihl wrote:
             | The 'systemic privilege' you're looking for is _culture_.
             | 
             | Unfortunately, the treatment is even more complicated than
             | the diagnosis is simple.
        
             | rd wrote:
             | It's a zero-sum game. There's no such thing as taking
             | privilege "away" from Asian kids. If you increase the
             | acceptance rate of some race, it has to be decreased from
             | somewhere. There's literally nothing else that can be done.
        
           | tester756 wrote:
           | Why would it take hundreds of years instead of e.g 80?
        
             | ix-ix wrote:
             | Generational wealth.
        
           | nfw2 wrote:
           | All else equal, poor white kids probably get a leg up as well
           | if they can articulate it in some way in their application.
           | 
           | For example, my (white) dad got into Yale and Princeton, and
           | it probably helped that he was from a podunk town in Wyoming.
           | 
           | For a lot of poor white kids though, their situation isn't
           | obvious from their application.
        
             | klyrs wrote:
             | Yep, I got some scholarships for being the first in my
             | family to go to college, and also from the Dante Alighieri
             | Society for my Italian heritage. They really didn't put
             | much of a dent into tuition, and I worked full-time or took
             | on loans for the rest. I wouldn't describe myself as "poor"
             | but my parents were lower-middle class.
        
           | purpleblue wrote:
           | Except it's not mostly poor, hardworking ADOS (African
           | descendents of slavery) students that benefit. It's rich,
           | Black students that are benefiting, especially those from
           | outside the US and no lineage from slavery. The problem with
           | affirmative action is that everyone is only looking literally
           | at skin color, which is the opposite of what we should be
           | doing.
        
             | rd wrote:
             | Anyone who's attended an Ivy League school can attest to
             | the truth of this, and I've been vehemently disagreeing
             | with every anti-AA comment in this thread, so that says
             | something.
             | 
             | Pretty much every Black student I see at school is African
             | (immigrant)-American, not ADOS.
        
             | pessimizer wrote:
             | Rich ADOS should still benefit, though. We should be
             | looking at lineage instead of skin color, because thinking
             | all black people are the same is a handicap of both
             | 
             | the left: who think that all "people of color" should be
             | compensated for slavery, and
             | 
             | the right: who love to say that US blacks were sold by
             | "their own people." That's like claiming innocence for
             | molesting a child because their parents sold it to you.
             | 
             | (I know you know this:))
        
               | Izikiel43 wrote:
               | The rest of the developed world: why do you care so much
               | about race? Just decide on household income
        
               | BobbyJo wrote:
               | > Just decide on household income
               | 
               | Why not just decide on a test scores? Or just grades? Or
               | just sports? Because there is no silver bullet
               | measurement for "how deserving is this kid?"
               | 
               | I'd venture to guess that if you asked 50 people how to
               | measure someone's worth with regard to some goal you'd
               | get 50 different answers.
        
               | Izikiel43 wrote:
               | Test scores and income are enough, as they are objective
               | measurements. Grades, as mentioned in another comment,
               | are not consistent across different high schools, and
               | they favor people with more resources. Sports, as in play
               | in the university team, which demands high performance,
               | is also fair, and probably doesn't demand a lot of
               | places, as you can't have a sports team with hundreds of
               | people.
        
               | BobbyJo wrote:
               | Are test score objective? If your school doesn't prepare
               | you for the test doesn't that skew things just as much as
               | schools inflating grades?
        
               | Izikiel43 wrote:
               | If you don't put any independent effort, then the tests
               | would match whatever the school taught. However, you do
               | have the opportunity to apply yourself and put all the
               | extra effort you need to get a higher grade, independent
               | of your school. The things that would matter there are
               | family support, not in economical sense, but in moral
               | support that your extra effort is right.
        
               | tester756 wrote:
               | Good thing that you don't have to rely on school and
               | start putting effort yourself
               | 
               | Skew the odds
        
               | bobthepanda wrote:
               | The issue is that also, generally speaking, anyone who
               | was legally discriminated against probably lives in a
               | jurisdiction performing poorly in test scores, since all
               | schooling in the US are based on geographic districts
               | funded by local property tax, and due to historic
               | discrimination the formerly discriminated groups also
               | live in areas with lower housing wealth. (A lot of people
               | also moved out of districts with large minority
               | populations when integration was mandated, taking their
               | taxes and wealth with them.)
               | 
               | Want to make a bunch of people very angry? Propose a
               | metropolitan-area wide school district.
        
               | Izikiel43 wrote:
               | > areas with lower housing wealth.
               | 
               | So, in other words, lower income.
        
               | marcosdumay wrote:
               | > Want to make a bunch of people very angry? Propose a
               | metropolitan-area wide school district.
               | 
               | By that you mean that kids can not choose their school on
               | the US?
        
               | sib wrote:
               | Correct. If you live in [poor high-percentage African-
               | American town in Alabama] you cannot choose to go to high
               | school in [wealthy mostly-white town in Massachusetts].
               | 
               | (Setting aside private schools...)
        
               | purpleblue wrote:
               | No they can't. That's why Republicans are a big proponent
               | of school vouchers so that parents can choose which
               | school a child can go to, but Democrats say that is
               | racist.
        
               | SAI_Peregrinus wrote:
               | That would run the risk of helping the poor. We don't
               | like doing that here in the USA.
        
             | prepend wrote:
             | I think ADOS stands for "American Descendants of Slavery"
             | [0] as it is used in terms of US populations and, by
             | definition, Americans aren't African.
             | 
             | [0] https://en.wikipedia.org/wiki/American_Descendants_of_S
             | laver...
        
             | earthboundkid wrote:
             | Yeah, the point should always have been explicitly to be
             | reparations for slavery/Jim Crow and the Native American
             | genocide. But that was never really explicit, and there was
             | a lot of mission drift over the last fifty years.
        
               | tbihl wrote:
               | It's probably a reliable collective action problem. For
               | example, the point of the 1965 Civil Rights Act was to
               | help black men so their families could stay intact, but
               | Howard Smith poison-pilled the whole thing by diverting
               | it to women.
               | 
               | For people who are in the military, I point this out in
               | its internship form. The Skillbridge program was designed
               | to facilitate internships for departing servicemen to
               | address difficulties with veteran unemployment, but the
               | spoils mostly go to officers with highly marketable
               | skills, like submarine and cryptography officers. After
               | all, those officers have each been practicing the art of
               | finding and utilizing beneficial programs to their
               | advantage for decades by that point in their lives; why
               | wouldn't they use this one too?
        
               | giardini wrote:
               | Yes, and generations have passed, so that train has left
               | the station, so to speak. Reparations are no longer an
               | acceptable solution.
        
               | mrguyorama wrote:
               | And yet the grandkids of those slave owners sure as hell
               | still profit from their ill gotten gains
        
               | BobbyJo wrote:
               | > And yet the grandkids of those slave owners sure as
               | hell still profit from their ill gotten gains.
               | 
               | Source? I'd venture to guess most have reverted back to
               | mean wealth given downward mobility rates [0] and the
               | time since slavery ended.
               | 
               | [0] https://www.chicagofed.org/research/mobility/intergen
               | eration...
        
               | prpl wrote:
               | and redlining, and other formal, informal, intentional
               | and unintentional institutional (particularly
               | governmental and financial) policies that limited
               | people's access to success based on their race.
        
               | pessimizer wrote:
               | Anything explicitly discriminatory that the government
               | could have done something about and chose not to. We need
               | to forget about "microaggressions" and deal with the
               | macroaggressions. It's typical that white liberals have
               | embarked on the project of detecting subtle clues to the
               | slightest slights and condemning people for them, when
               | they should just treat historical race-based abuse claims
               | like any other compensation claim.
               | 
               | If you look at black people's family trees enough, you'll
               | find plenty with specific inheritance claims against
               | their _white, slaver_ ancestors. Black people in America
               | are the descendants of white rapists as well as imported
               | slaves.
        
               | earthboundkid wrote:
               | Yes. I was sort of lumping redlining in with Jim Crow,
               | although I guess it's technically a distinct thing.
        
         | pjc50 wrote:
         | > I assume the intent is to help disadvantaged people have
         | opportunities that more priviledged people have already. Right?
         | I mean, I can get behind that. But then why the entire detour
         | with race?
         | 
         | Up until about 1971 (possibly later, but that's the date of
         | _Loving vs Virginia_ ), the US had formal, legal discrimination
         | against black people. On finally removing that, there was at
         | various times discussion of whether people who had been legally
         | discriminated against all their lives should be compensated, as
         | if they had been wronged in a tort sense. This would obviously
         | be extremely expensive, and anyway impossible to quantify, so
         | it never happened.
         | 
         | Harvard, and many other colleges, has a big base of "legacy"
         | admissions, as well as a certain amount of generational
         | knowledge and connections - you're more likely to get into
         | Harvard if your parents went to Harvard, over and above mere
         | class status. Since black people were under-represented in this
         | category, people came up with the idea of putting a thumb on
         | the other side of the scale and artificially increasing their
         | rate of admission. Can it balance exactly against the
         | disadvantages of discrimination? No.
         | 
         | > I genuinely don't get why the race thing is part of the
         | equation. Shouldn't this just be run-of-the-mill social
         | democratic "lets hand out some extra opportunities/benefits to
         | the poor" program?
         | 
         | America is not in the least social-democratic, but racism and
         | anti-racism have been there since the beginning and will
         | probably dominate US politics until the last person who
         | remembers the KKK is dead.
         | 
         | (It could be worse: Haitians who had freed themselves from
         | slavery by the mass murder of their oppressors were made to pay
         | a huge amount of compensation to them!)
        
           | JackFr wrote:
           | > Up until about 1971 (possibly later, but that's the date of
           | Loving vs Virginia)
           | 
           | Minor nitpick, _Loving_ was 1967.
        
           | seanmcdirmid wrote:
           | > Harvard, and many other colleges, has a big base of
           | "legacy" admissions, as well as a certain amount of
           | generational knowledge and connections - you're more likely
           | to get into Harvard if your parents went to Harvard, over and
           | above mere class status.
           | 
           | Harvard also gets lots of Asians (well, Chinese) who are
           | obviously not legacy admits, and there is/was active
           | discrimination against them at Harvard (they don't want the
           | student body to be too white and asian?). The decision
           | specifically calls this out:
           | 
           | > The high court found that Harvard and the University of
           | North Carolina discriminated against white and Asian American
           | applicants by using race-conscious admissions policies.
           | 
           | Also see:
           | 
           | https://www.nytimes.com/2018/06/15/us/harvard-asian-
           | enrollme...
           | 
           | Using merit alone, it is totally possible that Harvard would
           | be mostly Asian very quickly. However, it doesn't fit the
           | narrative that the system is biased towards white legacy
           | admits.
        
             | SV_BubbleTime wrote:
             | This decision was a big win for Asians. Who right now are
             | being discriminated against.
             | 
             | Before race based admission was used "as a positive" for
             | minorities, it was being used to keep ivy leagues from
             | being "too Jewish".
             | 
             | It doesn't take very long to see what this is, but the
             | topic is always about removing the benefit, not preventing
             | the abuse.
        
               | seanmcdirmid wrote:
               | Asians do have a general leg up in terms of family income
               | (which correlates to education success), so if we were
               | discriminating based on income, then we could come up
               | with something fair that gives poorer people (which can
               | act as a proxy for disadvantaged minorities) more
               | opportunity, but at the expense of rich people since we
               | don't have unlimited resources. The problem being that
               | now you are denied getting into Harvard because your mom
               | and dad are too rich...and I don't think many people
               | would think that is fair either.
        
           | skrebbel wrote:
           | Appreciate the context, thanks. It doesn't feel less weird to
           | me yet but maybe I gotta let things sink in a bit first.
        
           | adventured wrote:
           | > but racism and anti-racism have been there since the
           | beginning and will probably dominate US politics until the
           | last person who remembers the KKK is dead.
           | 
           | The KKK has nothing to do with it fundamentally. Matters of
           | racism and similar (it doesn't just have to be about race,
           | this is a problem of collectivism, of which racism is a
           | subset) will dominate the politics of any highly diverse
           | nation (diverse not necessarily pertaining only to race of
           | course), and without exception.
           | 
           | See: what has been going on in Sweden the past decade (it has
           | gotten worse as Sweden has gotten more diverse). Or see: the
           | forever riots in France by the poor minorities there that
           | have never integrated into French culture.
        
           | Georgelemental wrote:
           | Many beneficiaries of "affirmative action" are not
           | generational African Americans whose ancestors experienced
           | slavery and Jim Crow, but immigrants or children of
           | immigrants from Africa:
           | https://www.msnbc.com/podcast/harvard-s-complicated-
           | relation...
        
           | NoRelToEmber wrote:
           | > Harvard, and many other colleges, has a big base of
           | "legacy" admissions, as well as a certain amount of
           | generational knowledge and connections - you're more likely
           | to get into Harvard if your parents went to Harvard, over and
           | above mere class status.
           | 
           | Let's explicitly look at how this affected race (instead of
           | leaving it to readers imaginations), since that was the issue
           | the court was asked to consider. The student body of the US
           | Ivy League looked as follows, circa 2019 (international
           | students excluded):
           | Ivy League   US      Ratio  Mean nationwide SAT score [1]
           | Jewish                  17.2%         2.4%    7.16
           | Asian                   19.6%         5.3%    3.71  1216
           | White (incl. Jewish)    50.3%        61.5%    0.82  1148
           | Hispanic                11.4%        17.6%    0.65  1043
           | Black                    7.8%        12.7%    0.61   966
           | White (non-Jewish)      33.1%        59.1%    0.56 ~1141
           | (lower bound estimate)
           | 
           | SAT score seems to offer no benefit, up until the magic
           | cutoff somewhere between 1142 and 1216.
           | 
           | The numbers don't sum to 100% because multi-ethnic students,
           | a few minor ethnicities (American-Indian, Pacific
           | Islander..), and students categorized as "unknown" or "other"
           | by the universities were excluded from analysis. Data on
           | university undergraduate demographics was taken from the
           | universities own diversity reports. Jewish representation was
           | gathered from http://hillel.org/college-guide/list/,
           | https://forward.com/jewish-college-guide/, and
           | https://ejewishphilanthropy.com/how-many-jewish-
           | undergraduat..., taking the _lowest_ estimate when sources
           | conflicted. ejewishphilanthropy.com (eJP) points out flaws in
           | Hillel 's data gathering (e.g. showing Harvard as 30% Jewish,
           | when eJP found it only 16%) Hillel seems to have since fixed
           | these flaws, as the estimates they now give are in-line with
           | those of eJP.
           | 
           | No correction has been made to look at only the college-age
           | population of the US, or only at the Northeastern US where
           | all the Ivy League universities are located, so that may be a
           | source of some bias.
           | 
           | [1] https://www.ednc.org/eraceing-inequities-the-influence-
           | of-ra...
           | 
           | Edit: Clarified that the SAT scores are nationwide, and not
           | just of the Ivy League students. Thank you to stanford_labrat
           | for bringing it up.
        
             | Melchizedek wrote:
             | So clearly non-Jewish whites are by far the _most_
             | discriminated against considering their share of the
             | population and SAT scores. Why is this fact never mentioned
             | in the media?
        
               | gmarx wrote:
               | You'd need to know the percentage and scores for ivy
               | league applicants to say such a thing a clear. It's
               | likely true but not from these numbers
        
             | stanford_labrat wrote:
             | If anyone was confused at first glance as I was, these are
             | the mean SAT scores nationwide and not at the ivy league
             | institutions. I was very surprised for a moment to think
             | the average SAT score at these colleges was in the 1200s...
        
           | makomk wrote:
           | Legacy admissionss are part of the problem with Harvard's
           | affirmative action scheme that made it really blatantly
           | discriminatory - basically, they kept those legacy admissions
           | and balanced them out by putting a thumb on the scale against
           | other groups that didn't benefit from legacy admissions
           | either, primarily Asian candidates.
        
           | 8ytecoder wrote:
           | To me - very simply put - merit doesn't make much sense when
           | one set of people didn't get any of the opportunities the
           | other set did. It's like comparing height with one person
           | standing atop a stool. The nuance here is to find the lost
           | potential in marks and tests due to a lack of opportunity.
           | Race is a crude proxy and it really doesn't have to be based
           | on just race. But it'd mean admins spend more time
           | interviewing and verifying people's background and make
           | subjective decisions based on that.
        
             | [deleted]
        
           | az226 wrote:
           | Legacy is always brought up in these discussions. The amount
           | of students who get into Harvard because of the boost from
           | their race outnumbers the number of legacy students who get
           | boosted from their status 20 to 1. Basically a race and
           | legacy blind policy would reject 20 times more minorities
           | than legacy applicants and then if the policy is race and
           | legacy discriminatory.
        
           | jenenfnfnfnf wrote:
           | > Harvard, and many other colleges, has a big base of
           | "legacy" admissions, as well as a certain amount of
           | generational knowledge and connections
           | 
           | Had?
        
           | akiselev wrote:
           | Pasadena, a decent sized city in Los Angeles County that
           | houses _Caltech_ of all places, was forced to officially
           | desegregate in the 1970s but they 've still got tons of
           | policies left over that discriminate in housing [1]. South
           | Pasadena real estate agents unofficial redlined the
           | neighborhoods well into the 1980s and possibly even the
           | 1990s. Schools, especially in Altadena, were still highly
           | segregated when I went to elementary school there _in the
           | 2000s._ In the 21st century, for f**k 's sake.
           | 
           | And that's in a city adjacent to _Los Angeles_. We don 't see
           | many rebel flags in Southern California but the segregation
           | is just staggering.
           | 
           | IME it's even worse in the East coast cities, especially with
           | the way roads, highways, and mass transit are built. I'll
           | admit I had no idea what true segregation looked like until I
           | lived in Ft Lauderdale/Hollywood in Florida (in the
           | mid-2010s).
           | 
           | [1] https://makinghousinghappen.net/2020/06/23/pasadenas-
           | raciali...
        
             | greedo wrote:
             | Oh the racism spread to the West very early in those states
             | histories. Look up sundown towns, and Portland's history.
        
             | selimthegrim wrote:
             | Caltech itself famously had more black students in the
             | 1970s than it did in the following three decades
        
             | kbelder wrote:
             | From that article, I don't see any racially discriminatory
             | laws still in place in Pasadena. Plenty of laws
             | discriminating against the poor, though.
        
           | thegaulofthem wrote:
           | > (It could be worse: Haitians who had freed themselves from
           | slavery by the mass murder of their oppressors were made to
           | pay a huge amount of compensation to them!)
           | 
           | At risk of starting a fun flame war, it's more complicated
           | than that.
           | 
           | Outside of a contingent of Polish mercenaries, whom were
           | deemed something to the effect of honorary blacks, the new
           | former slave regime effectively genocided the whites of the
           | island. Men, women, children, the works. Not only that, but
           | they threw in the mixed as well. Then went about taking all
           | of everyone's property.
           | 
           | I don't know where the exact reasonable line is for revenge
           | when you've been enslaved, but I'm certain they went well and
           | unquestionably over it.
           | 
           | To that end, I don't know where the reasonable counter-
           | balance is for France to make claim against the former slave
           | colony for its crimes against humanity but the idea that they
           | have clean hands and or are owed something is an appalling
           | revisionist history of the country.
        
             | tourmalinetaco wrote:
             | > appalling revisionist history
             | 
             | And this is where most of the problems lie. It's like a
             | game of telephone, someone says one thing and its passes
             | along until its an extremely toned down propagandist
             | version of what it was before.
        
           | tomp wrote:
           | _> Harvard, and many other colleges, has a big base of
           | "legacy" admissions, [...] Since black people were under-
           | represented in this category, people came up with the idea of
           | putting a thumb on the other side of the scale and
           | artificially increasing their rate of admission._
           | 
           | This is a nice story, but actually not true.
           | 
           | If it were true, Harvard etc wouldn't also discriminate
           | _against_ Asians. Maybe they weren't as oppressed as blacks
           | in the US, but they should thus get at least equivalent
           | treatment as whites and hispanics, not _worse_.
        
             | jensensbutton wrote:
             | > If it were true, Harvard etc wouldn't also discriminate
             | against Asians.
             | 
             | This logic makes absolutely no sense. Why can't they have a
             | legacy admits AND discriminate against Asians? Are you
             | seriously trying to claim Ivy League schools don't have
             | legacy admits?
        
           | mistrial9 wrote:
           | > the US had formal, legal discrimination against black
           | people
           | 
           | this is misinformation; State laws had complete jurisdiction
           | over certain matters, by design. "The US" is calling
           | Washington State the same as Alabama. So, no.
        
             | amluto wrote:
             | I think you're missing the point. The US had _state, local
             | and private laws, regulations, and institutions_ that
             | discriminated against black people with varying degrees of
             | formality. The discrimination in question existed and was
             | widespread in the US.
        
           | mcv wrote:
           | Yeah, every time the discussion comes up about, for example,
           | reparations for the descendants of slaves, I start out
           | thinking: it's been 150 years! Some of those descendants are
           | very successful now and some descendants of slave owners are
           | probably very poor now. And some people are descendants of
           | both.
           | 
           | And then I learn about the Jim Crow period, and then you hear
           | that even the GI bill explicitly excluded black people, and
           | lynchings into the 1950s, and the extremely hard fight the
           | civil rights movement had, and even legal discrimination up
           | to 1971, not to mention tons of possibly illegal but still
           | very real discrimination after that. And then I think: you
           | can't just stop doing a bad thing and pretend it didn't
           | happen. You've got to try to make things right.
           | 
           | Have things been made right by now? I have no idea. I do know
           | plenty of black people still live in fear of the police, and
           | that when black people call the police, there's the non-zero
           | chance that they're the ones who end up getting shot.
           | 
           | Not to mention that many universities also have affirmative
           | action for children of alumni, who are still predominantly
           | white and rich, partially because of the legal discrimination
           | uo to 1971, and partially because universities are
           | ridiculously expensive. Has that affirmative action also been
           | struck down?
           | 
           | > America is not in the least social-democratic,
           | 
           | It used to be, though. The New Deal and many of the social
           | policies of the 1940s and 1950s were very social democratic.
           | Well, except that they tended to exclude black people.
        
             | naasking wrote:
             | > And then I think: you can't just stop doing a bad thing
             | and pretend it didn't happen. You've got to try to make
             | things right.
             | 
             | You're implicitly assuming it can be made right. That seems
             | doubtful. The people who had been harmed by those policies
             | are not the ones seeking admission to Harvard. Everyone
             | seeking admission to Harvard has been born into
             | circumstances through no fault of their own, so just help
             | the financially less fortunate to provide more equal
             | opportunities across the board. Black people are
             | disproportionately represented among the poor, so this
             | would disproportionately help them anyway.
        
               | RajT88 wrote:
               | > You're implicitly assuming it can be made right. That
               | seems doubtful.
               | 
               | I would agree with this. The best you can hope for is to
               | try and engineer society such that the progress enjoyed
               | by white people historically in this nation is enjoyed by
               | other ethnic/social groups as well. There will never be a
               | consensus on what is "made right" and "fair". And there
               | is good reason to focus on black folks instead of all
               | poor people - black folks are disproportionately poor,
               | and they are because our systems of governance tried to
               | keep them that way.
               | 
               | Affirmative action in college admissions was an OK way to
               | start - but doesn't address other underlying issues. For
               | example: Redlined districts still are majority black and
               | poor, and the way public schools are funded means their
               | K-12 schools generally suck. Education is of course one
               | of the major ways to improve generational wealth,
               | especially in today's information economy. Another way to
               | improve generational wealth is enabling home ownership.
               | This was another thing which prevented black folks from
               | attaining generational wealth - people wouldn't give them
               | loans to buy homes, sometimes even if they were buying in
               | redlined districts. There are still property titles in
               | the US which contain "racial covenants" which basically
               | say "you can't sell or rent this property to a black
               | person", although this is not enforceable any more.
               | 
               | I think we'll get there. It may take another few hundred
               | years. I had a surprisingly frank discussion with a
               | Burundian cab driver in Amsterdam about it once (we were
               | stuck in traffic and just shooting the bull). Over time,
               | people just mix and the past is dulled, lines are blurred
               | and it's all sort of whatever. He drove cabs all over
               | Europe and people don't care about the color of his skin
               | or where he came from. It's... A bit different in the US
               | he's found.
               | 
               | Coming back to poor people - we can and should help all
               | of them too. We can do more than one thing at a time.
        
               | mensetmanusman wrote:
               | "And there is good reason to focus on black folks instead
               | of all poor people - black folks are disproportionately
               | poor, and they are because our systems of governance
               | tried to keep them that way."
               | 
               | I have family who recently immigrated from Liberia, and
               | their general sense is that the black slave descendants
               | had their family structures so incredibly destroyed that
               | it makes sense to focus on those descendants instead of
               | all Black people.
               | 
               | In their communities with strong family networks and more
               | fathers in the home, they don't see nearly the same
               | issues as the mostly fatherless slave descendent
               | families.
        
               | cloverich wrote:
               | But the question is whether those wrongs will right
               | themselves and over what time period and at what cost.
               | (Black) Affirmative action seems like a reasonable way to
               | speed that process up, given the strength of network
               | effects (ie who you know) on progress and wealth.
               | 
               | IMO compared to helping the poor, its something that
               | should have a stopping point, presumably at least several
               | generations out.
               | 
               | Lastly its also about atonement and making amends, also
               | distinct from poor and even other races / genders with a
               | history of oppression. IE when i lived in austin tx I
               | often walked by a statue near the capitol building,
               | erected after the civil war, whose inscription rejects
               | the outcome entirely. Its bananas that thing exists, or
               | that replacing it would be contentious. Yet here we are.
        
               | scarmig wrote:
               | [flagged]
        
               | HideousKojima wrote:
               | And the moment you allow for wrongs that far back,
               | there's no reasonable stopping point. People of Norman
               | descent in the UK have measurably greater wealth than
               | those of Anglo Saxon descent. Should those of Anglo Saxon
               | descent be able to get reparations from those of Norman
               | descent because of William the Conqueror's invasion? And
               | then what about the Welsh, can they get reparations from
               | the Anglo Saxons? My own ancestry is primarily Scottish,
               | French Canadian, and Irish, can I get triple reparations
               | from the English?
               | 
               | https://www.spectator.com.au/2019/07/anglo-saxons-
               | deserve-re...
        
               | lifeformed wrote:
               | It's not about ancient wrongs, the wrongs being talked
               | about were happening as AA was implemented. We're talking
               | about things happening in 1971, not just the 1850's.
        
               | mech987987 wrote:
               | I figure that there is no binary distinction between what
               | is ancient and what is modern enough to matter.
               | 
               | Would you agree that older wrongs are only different from
               | newer wrongs as a matter of degree, rather than a matter
               | of kind?
        
               | malkia wrote:
               | Yes, that's true, and yet generations and generations
               | have suffered from this and this affected their children
               | 
               | for example it took so many years to get to this:
               | 
               | https://www.santamonica.gov/blog/statement-apologizing-
               | to-sa...
        
               | caeril wrote:
               | How are the children and grandchildren of Japanese-
               | Americans living through the 1940s doing
               | socioeconomically? Arguably, they were subject to worse
               | racism, harassment, and violence than African-Americans
               | for about two full decades, _and we literally put them
               | into camps_.
               | 
               | Chinese-Americans worked largely as indentured labor on
               | railroads and various other large projects both before
               | and after the Civil War. How are their descendants faring
               | today?
               | 
               | Howabout Ashkenazi Jews, who have suffered probably the
               | worst through all of recorded history? We're talking TWO
               | MILLENIA of oppression, not a measly two centuries or so.
               | Where are all the Jewish kids killing each other and
               | flunking out of school for all of their historical
               | oppression?
               | 
               | The generational racism trope/excuse is played out, has
               | been massively contradicted by every model minority you
               | can think of, and needs to die. It has no basis in
               | reality.
               | 
               | Do people who regurgitate this insane idea just think
               | Asians and Jews don't exist? The only way one could
               | possibly entertain an obviously incorrect hypothesis is
               | if you intentionally blind yourself to the voluminous
               | countervailing evidence.
        
               | UncleMeat wrote:
               | Japanese Americans who were interred were paid
               | reparations after a hard-fought battle. Maybe we should
               | do the same for other oppression?
        
               | llbeansandrice wrote:
               | There are kids applying to college very literally right
               | now whose parents were legally discriminated against by
               | the Federal government in the 1970s.
        
               | scarmig wrote:
               | How _exactly_ does present-day affirmative action
               | recompense the victims of racist policies from half a
               | century ago?
               | 
               | Are their children materially worse off statistically?
               | Yes, and that should be remedied, by the same methods
               | that everyone who's materially worse off should be
               | uplifted. What racism exists now against their children
               | should be remedied. But victimhood is concrete and not
               | something that's passed on from generation to generation.
        
               | llbeansandrice wrote:
               | You cannot have a world that has generational wealth and
               | privilege while not having generational disadvantages.
               | Your definition of victimhood is incredibly narrow here,
               | and wrong.
               | 
               | Using the Federal policies is simply a stark example of
               | how recently racism was aggressively state-sanctioned.
               | The purpose of affirmative action is to help directly
               | break the racist biases in a complex process to being
               | able to attend college.
               | 
               | It is not a singular solution, nor is it a perfect one. I
               | feel like you are attempting to topple AA since it's not
               | a magic bullet to the complex problem of racism in the
               | US. It is an imperfect effort in part with many others to
               | try and tackle the various inequalities in the US.
               | 
               | Even if the US was able to have a truly holistic effort
               | to solve racism and the wrongs minorities have
               | experienced, what good does funding k-12 schools,
               | scholarships, etc. do to help disadvantaged college
               | applicants right now? Nothing. The common dissent is that
               | if they are poor or otherwise disadvantaged then they
               | should receive benefit from programs targeting those
               | disadvantages. But those still are unable to directly
               | address the various unique ways in which a black person
               | with some set of disadvantages is different than a white
               | person with the same checklist. The problem is simply too
               | complex and the breadth of experiences of minorities in
               | the US far too broad to be tackled any way but directly
               | imo, which is what AA attempts to do.
        
               | scarmig wrote:
               | We agree that there are still racial biases in the
               | present day that disproportionately affect Black
               | applicants. But that's not the only disadvantage, and as
               | AA is set up, a Black kid whose parents are doctors who
               | goes to a ritzy boarding school is considered
               | "disadvantaged" compared to a poor Viet kid in a crappy
               | public school who has to spend all his evenings doing
               | deliveries for his parents' restaurant. That is, frankly,
               | ridiculous.
        
               | ilovetux wrote:
               | > How exactly does present-day affirmative action
               | recompense the victims of racist policies from half a
               | century ago?
               | 
               | Referring to five decades in relation to a century makes
               | it sound like a lot more time has passed than has
               | actually passed.
               | 
               | > What racism exists now against their children should be
               | remedied. But victimhood is concrete and not something
               | that's passed on from generation to generation.
               | 
               | How can it not be? If a parent is traumatized how can
               | that not affect their child? Do you think that the black
               | children from the 50's were not affected by their parents
               | showing up beaten, bruised and bloodied or by seeing
               | their parents hanging from a tree after they didn't come
               | home the night before?
               | 
               | Entire generations of people were victimized in ways that
               | are hard to explain to someone who has not lived through
               | it, and acting like everything needs to be calculated as
               | a 1:1 transaction if it is even to be considered is not a
               | constructive way to enter the discussion.
        
               | [deleted]
        
               | adbachman wrote:
               | > How exactly does present-day affirmative action
               | recompense the victims of racist policies from half a
               | century ago?
               | 
               | Near the top of this thread one specific "how" was
               | discussed.
               | 
               | Legacy admissions are affirmative action which offers
               | preferential access based on ancestry. If your parents,
               | your grandparents, or anyone of their race was (legally
               | at the time) forbidden from attending, how else would you
               | have representation in that process?
               | 
               | Affirmative action is an artificially generated
               | membership in the "belongs at this institution" club for
               | people who may otherwise be excluded.
        
               | scarmig wrote:
               | That's missing the point: how does giving person A
               | preferential access to college recompense person B who is
               | distinct from person A?
               | 
               | As far as legacy admissions go, they're noxious, but
               | you're not accounting for the ~99% of people who don't
               | have that privilege.
        
               | mcphage wrote:
               | > the ~99% of people who don't have that privilege
               | 
               | What percentage of _accepted_ students have that
               | privilege? It 's pretty high.
        
               | jcranmer wrote:
               | A quick search suggests that for Harvard (one of the
               | institutions specifically sued here), it's 36% of the
               | class of 2022.
        
               | scarmig wrote:
               | That's irrelevant, though, when you're talking about the
               | vast majority of people who apply who don't get accepted
               | _because_ of those factors. Telling someone  "you're
               | privileged because a child of a Kennedy gets a leg up in
               | going to Harvard and shares your skin color, even though
               | you don't get that same leg up" is ridiculous, to say
               | nothing of Asians who are discriminated against despite
               | having relatively few legacies.
        
               | diputsmonro wrote:
               | Victimhood can be passed through generations if the
               | parents' harm was not remedied. Merely ending harm does
               | not remedy it. If someone is prevented from getting a
               | home loan, job, raise, education, etc. because of racist
               | policies, that absolutely affects the kind of life and
               | opportunities that their children will have.
               | 
               | As an analogy, if I have stolen money from you for years,
               | stopping me from stealing further money doesn't repair
               | the damage I've done. You would rightly expect your money
               | back, or something of comparable value.
               | 
               | Affirmative action programs are specifically designed to
               | seek out and uplift people who have been generationally
               | affected in that way. It recompenses them by giving them
               | job/education opportunities that they would likely have
               | had if their parents (and _their_ parents, etc.) weren 't
               | artificially held back.
        
               | scarmig wrote:
               | How? By having the kid get a smaller inheritance? Or by
               | having the kid not having the privilege of having college
               | educated parents?
               | 
               | If those are the metrics we're using, then use them
               | directly: prioritize first gen college applicants,
               | applicants whose parents rent, applicants whose parents
               | don't have professional jobs. Otherwise, why should a
               | poor Asian immigrant going to a crappy public school be
               | considered "more privileged" than a rich Black kid who
               | goes to Andover?
               | 
               | > if I have stolen money from you for years, stopping me
               | from stealing further money doesn't repair the damage
               | I've done. You would rightly expect your money back, or
               | something of comparable value.
               | 
               | The comparison here would be more something like "your
               | grandfather killed my grandfather, therefore I should get
               | privileges over you."
        
               | ilovetux wrote:
               | > It's impossible for someone born in 2000 to have been
               | wronged by something done in 1800. Crimes committed
               | during their lifetime? Absolutely, and fix those.
               | 
               | That is disingenuous, Slavery didn't end until the 13th
               | amendment was ratified in 1865 which is 65 years later
               | than you said, but really, slavery was not even a crime.
               | 
               | Systemic abuses continued long after that and even into
               | today. Those are not crimes either...they are written
               | into law like how property taxes are used to fund public
               | education which ensures that people of means get a good
               | education and those that struggle will continue to
               | struggle.
               | 
               | Lynchings, murders, beatings, being forced by gunpoint to
               | not vote...those are crimes and (while they do happen
               | even today) they happened a LOT in the 50's and into the
               | 60's. The people who committed those crimes are
               | grandparents/great-grandparents and a lot of whom are
               | alive today.
               | 
               | Wrongs against minorities are not some long-ago, almost
               | mythical events that we need to just move on from. They
               | are still happening, and they are indicative of a society
               | that values sameness and predictability over the
               | individual rights and freedoms of the people.
               | 
               | That being said, giving a leg-up to a minority applicant
               | over someone else is, in fact, one way to decrease the
               | effects of the abuses that were experienced.
        
               | gmarx wrote:
               | When Sandra Day O'Connor cast the deciding vote in favor
               | of keeping AA back in 2003 even though she was against
               | it, she suggested it might be done away with after
               | another 25 years. We have had affirmative action in
               | college admissions for 50 plus years now. Seems we would
               | have some data to judge its effectiveness by now. More
               | than 20 years ago I recall some top Harvard people
               | lamenting that at Harvard it was mostly helping people
               | who were black but not descended from American slaves.
               | Also, from what I read it is much heavier than a thumb on
               | the scale
        
               | naasking wrote:
               | > But the question is whether those wrongs will right
               | themselves and over what time period and at what cost.
               | 
               | How can the Holocaust be made right? How can the genocide
               | of the Native Amercians be made right? I think these
               | questions are a distraction at best, probably because
               | they are unanswerable at this time (maybe unanswerable
               | period).
               | 
               | If you want to live in a world where people are treated
               | as individuals and where individuals have equal
               | opportunities, then you have to normalize language and
               | behaviours and create systems that treat people as
               | individuals. I agree there will be lingering
               | discriminatory effects, which is why every system should
               | take precautions and have feedback loops for self-
               | correction, like blinding, regular audits, etc. This last
               | part is where most of the failures occur, mostly because
               | they're missing entirely.
        
               | dayvid wrote:
               | The real answer is you have to get anything you want ASAP
               | before people stop caring or it becomes more difficult to
               | achieve. This is why certain groups have received
               | reparations and others haven't.
               | 
               | Saying how can we or what can we do is an honest answer
               | at best and a stalling tactic at worst.
        
               | kenjackson wrote:
               | > If you want to live in a world where people are treated
               | as individuals and where individuals have equal
               | opportunities, then you have to normalize language and
               | behaviours and create systems that treat people as
               | individuals.
               | 
               | I'd love this world. How do we get poor kids access to
               | the same healthcare as a child (and prenatal) and the
               | same schooling prior to college. It seems like for many
               | Americans this philosophy first applies during college
               | admissions. The first 17 years of everyone's life is
               | apparently equal enough.
        
               | Clubber wrote:
               | >How do we get poor kids access to the same healthcare
               | 
               | Medicaid attempts to accomplish this. I'm not sure how
               | well. Careful when you say "same," the solution might end
               | up being equally bad for everybody.
               | 
               | >same schooling prior to college.
               | 
               | Stop funding by zip code, that's the cause of it. Fund by
               | either voting district or entire state.
        
               | haberman wrote:
               | > Stop funding by zip code, that's the cause of it.
               | 
               | What is your basis for saying this?
               | 
               | Info I have come across suggests the opposite:
               | https://freddiedeboer.substack.com/p/is-the-conventional-
               | wis...
        
               | thworp wrote:
               | I will recommend Thomas Sowell's writing on this topic,
               | he has some very poignant (and somewhat depressing)
               | points on AA and the wider black cultural landscape that
               | surrounds it.
        
               | naasking wrote:
               | > How do we get poor kids access to the same healthcare
               | as a child (and prenatal)
               | 
               | Universal healthcare, like everywhere else in the world.
               | 
               | > and the same schooling prior to college
               | 
               | This one is tougher with wealth disparities, because the
               | wealthy will always have more opportunities and programs
               | available to them. Public funding for after school
               | programs and camps.
               | 
               | > The first 17 years of everyone's life is apparently
               | equal enough.
               | 
               | Democrats did a good thing with the child tax credit that
               | lifted millions of kids out of poverty. They of course
               | botched it, per usual, by placing a time limit on it, and
               | now it's expired.
        
               | nightski wrote:
               | Universal healthcare sets a base standard which is
               | fantastic but it in no way equalizes healthcare across
               | the economic spectrum.
        
               | naasking wrote:
               | I'm frankly not concerned about the 0.1% that can afford
               | to fly to another country for experimental treatments.
               | The US is the primary place for this anyway, so if the US
               | went universal healthcare route, that shrinks the pool
               | even further.
        
               | cycomanic wrote:
               | While that would very much be the the rational decision
               | to make it goes against one of the core principles of
               | much of the discourse in the US, which is that poor
               | people are poor because of some character flaw or being
               | financially irresponsible if you would have just tried
               | hard enough you would not be poor, so why should the
               | state help you.
               | 
               | Rutger Bregman talks about this quite a bit in his book.
        
               | pkulak wrote:
               | But poor white people are poor for a reason other than
               | the color of the skin of themselves and their ancestors.
               | And black folks who are doing fine, but not great, might
               | be doing great right now if not for the color of their
               | skin. Sure, affirmative action based on income will
               | accidentally sweep up some of the right people, but we
               | know how to exactly target these programs, even if we're
               | no longer allowed to.
        
               | naasking wrote:
               | > But poor white people are poor for a reason other than
               | the color of the skin of themselves and their ancestors.
               | 
               | Maybe they were discriminated against because they were
               | Irish 100 years ago, or Italian 70 years ago, neither of
               | which were considered "white" at the time either. I'm
               | sure we can play this grievance game back to the first
               | humans, but I'm not sure what that would accomplish.
               | 
               | The question you have to ask yourself is: is it more
               | important to help people who are suffering right now,
               | regardless of their race or ethnicity, or is it more
               | important to try and fail to solve some nebulous, poorly
               | understood "inherited grievance" problem.
        
               | vkou wrote:
               | Very few people in the US piss on the Irish today, but
               | plenty of people and institutions continue to piss on
               | African Americans, Native Americans, Hispanics, etc.
               | Sundown towns, and the same sick mentality that produces
               | them hadn't gone away, even if some of them have mellowed
               | out on the edges, or are too afraid to be brazen about
               | it.
               | 
               | There's a large difference of degree between the problems
               | faced by those groups.
        
               | NeverFade wrote:
               | The social justice movement presumes to "make things
               | right", but often it's hard or impossible to do so, and
               | trying can have the opposite effect.
               | 
               | Case in point: a black family whose great-great-
               | grandparents 200 years ago were slaves, versus an Asian
               | family that immigrated from a nation impoverished by
               | colonialism last year. The child of the former will
               | heavily benefit from Affirmative Action, while the child
               | of the latter will be heavily penalized.
               | 
               | Why?
               | 
               | Who is to say that the child whose ancestors lived in a
               | rich country for the past 200 years, is more
               | "disadvantaged" then the child whose entire ancestry as
               | far back as the records go always lived in a dirt-poor
               | nation, further impoverished by colonialism?
        
               | wizofaus wrote:
               | Except those even able to immigrate out of such recently
               | "impoverished" nations are a small self-selected subset
               | of that population, that are likely considerably better
               | off than those who stay behind and and certainly likely
               | to be those with a strong determination to succeed.
               | Perhaps you could argue the same of slave-descended
               | native born Americans who then apply for college, but the
               | former group are making the same decision, and at any
               | rate, applying for college is rather easier than deciding
               | to move your entire family half-way across the world.
               | FWIW I'm generally skeptical of whether AA is actually a
               | good thing for various reasons but I assume it's felt
               | "something" has to be done to address underrepresentation
               | of particular races in college admissions. Recent Asian
               | immigrants if anything seem to be slightly
               | overrepresented so for AA policies to have their desired
               | effect, yes, they will by design discriminate against
               | such a group.
        
               | thworp wrote:
               | The first and second generation descendants of dirt poor
               | immigrants from Latin America are doing very well in the
               | US (or at least better than African Americans). Some of
               | the recent Caribbean and African immigrants even decry
               | the toxic culture embedded in the "Black" community.
               | 
               | As an outside it seems to me that the issue is much
               | deeper than economic calculus and I'd recommend you
               | read/watch some of Thomas Sowell's thoughts on the
               | matter.
        
             | parineum wrote:
             | > Not to mention that many universities also have
             | affirmative action for children of alumni, who are still
             | predominantly white and rich, partially because of the
             | legal discrimination uo to 1971, and partially because
             | universities are ridiculously expensive. Has that
             | affirmative action also been struck down?
             | 
             | It hasn't but it should be. One thing I know for sure is
             | that the first step to ending that discrimination shouldn't
             | be to add more. Why not start by removing that?
        
             | EatingWithForks wrote:
             | Additionally we had issues where banks were being
             | prosecuted for not giving housing support to primarily
             | black neighboorhoods all the way still to STILL IN 2023!
             | https://apnews.com/article/city-national-bank-redlining-
             | sett...
        
             | ThatGeoGuy wrote:
             | > Yeah, every time the discussion comes up about, for
             | example, reparations for the descendants of slaves, I start
             | out thinking: it's been 150 years!
             | 
             | Well, that might be a bit disingenuous. The "last chattel
             | slave" was only freed around September 1942. I've seen this
             | reference in several places, but the most direct one is a
             | footnote on a wikipedia page [0].
             | 
             | Regardless, it is probably not worth putting a time limit
             | on suffering. The children and grandchildren of enslaved
             | black people are still alive today! Waving it away with
             | "time has passed" seems more an attempt to bury the issue
             | than to approach it with some semblance of acknowledging
             | the wrong done.
             | 
             | [0] https://en.wikipedia.org/wiki/Beeville,_Texas#/media/Fi
             | le:Be...
        
               | Y_Y wrote:
               | Historically, many slaves were not permitted or able to
               | reproduce, this is one thing that distinguishes the slave
               | trade in the United States. Trying to make amends for
               | those slaves whose line ended with them is probably
               | impossible.
               | 
               | On the other hand, a great many people today all around
               | the world, and of many skin colours are descended from
               | slaves. I am mostly familiar with this history in Europe
               | and Africa, though I have no doubt it went on to a
               | greater and lesser extent elsewhere. Supposing that the
               | average reader here, who does not consider themselves to
               | be "minority", is a "white" American, how confident are
               | you that your ancestors do not include many slaves?
               | Slavery in Europe still exists, but in the traditional
               | sense with open buying and selling and large-scale
               | enslavement it was openly and widely practiced in England
               | and Germany and Poland and wherever you trace your
               | ancestry no more than a thousand years ago.
               | 
               | You may consider it inappropriate to put a time limit on
               | suffering, but in practice it's implicitly done all the
               | time. The US is exceptional in having so many people who
               | bear clear marks of historically nearby enslavement.
               | Other parts of the world have been more successful in
               | forgetting.
               | 
               | If I proposed to some Ivy League admissions panel that
               | the descendants of biblical Jews should be favoured over
               | those of Egyptians on account of enslavement would anyone
               | listen?
        
               | mensetmanusman wrote:
               | Population wise there are more slaves today than 100
               | years ago, so the world has not quite moved on.
        
               | javajosh wrote:
               | _> it is probably not worth putting a time limit on
               | suffering_
               | 
               | I'm not a historian, but if you believe this, how do you
               | propose to make things right for all the suffering of the
               | past? You would need to examine history for winners and
               | losers, every battle and atrocity and societal structure,
               | and then assign blame to modern people who look like the
               | bad guys, and victimhood to modern people who look like
               | the victims. How do you deal with the (probably very
               | common) case when a group of people that looks one way
               | has been both oppressor and victim? How do you deal with
               | issues like pedophilia, incest, or domestic violence, or
               | torture, all of which have had very different moral
               | weight historically?
               | 
               | To me, that's the tragedy of this ideology. The problem
               | isn't the desire for making past wrongs right - that's a
               | very good urge, and one I share. It's that the method for
               | making past wrongs right is based on a very simplistic
               | reading of history and a simplistic, and deeply unfair,
               | idea that you can assign blame and victimhood based on
               | similarity of appearance. There ARE cases when you can
               | address great wrongs, but there is a kind of natural
               | "statute of limitations" where it becomes actually
               | impossible to do anything. Should the Jews still be angry
               | with Egyptians? Or does the Israeli treatment of
               | Palestinians wipe that debt out? What about the Jews who
               | weren't involved? What about the blood libel, the
               | assertion that Jews killed Jesus (nevermind that he was a
               | Jew), and so it is right to hold all modern Jews
               | responsible? What about all the tribal massacres in
               | Africa, where the victims and oppressors a) look exactly
               | the same, and b) would do exactly the same thing if their
               | positions were reversed? How do you deal with the Aztecs,
               | who were slaughtered by Europeans, but who themselves did
               | human sacrafice and slavery, and who eventually interbred
               | with the Europeans? Same for the Russians and Mongolians.
               | (There are probably a hundred other examples of this -
               | Vikings and the Anglo Saxons? The French and the Celts?
               | Etc).
               | 
               | What we can do, we should do. Japanese internment at
               | Manzinar was wrong, and they deserved all the reparations
               | and apologies they (eventually) got, and more. Harvey
               | Weinstien's female victims deserved to see him in prison
               | (at least). Black neighborhoods deserve to have freeways
               | rerouted to not split them and make them terrible, and
               | money to rebuild. But do all white people deserve to be
               | hated, and to hate themselves, because they look like a
               | group of wrongdoers? No. Heck, some of them are recent
               | immigrants. Ditto for black people. And the whole idea we
               | can assign blame based on a person's appearance is a CORE
               | racist belief, and yet now the zeitgeist holds that if
               | you don't do it, you're the racist. The world is upside
               | down, and this ideology is utterly unjust. In my view,
               | it's not anti-racist, it's a new racism that doesn't seek
               | to end racism, but rather to turn the tables and swap the
               | roles of victim and oppressor. This will not, cannot, end
               | well, and it's not the world I want for myself or my
               | children, and I don't think it's the world any right-
               | thinking person wants.
        
               | specialist wrote:
               | > _...how do you propose to make things right for all the
               | suffering of the past?_
               | 
               | Yes and: What is justice?
               | 
               | > _You would need to examine history for winners and
               | losers..._
               | 
               | That'd be a good start.
               | 
               | Until something better comes along, I support the "truth
               | & reconciliation" strategy. With a splash of sociology.
               | https://en.wikipedia.org/wiki/Truth_commission
               | https://en.wikipedia.org/wiki/Critical_theory
               | 
               | Another good step would be to enfranchise people. Like
               | giving the all the people impacted by a new freeway some
               | say in the planning process.
        
               | prottog wrote:
               | Your society would be doomed to forever look back at
               | historical grievances and never make progress.
               | 
               | As Ibram X. Kendi says: "The only remedy to past
               | discrimination is present discrimination. The only remedy
               | to present discrimination is future discrimination."
               | Under your and his vision, there will never come a day
               | when people aren't discriminated for things they had no
               | control over.
        
               | specialist wrote:
               | > _Under your and his vision,_
               | 
               | You know me so well.
               | 
               | > _...there will never come a day when people aren 't
               | discriminated for things they had no control over._
               | 
               | Um, what?
               | 
               | While I'm ambivalent towards Kendi, I have zero doubt
               | you've got him wrong.
               | 
               | Maybe you're thinking of McWhorter?
        
               | ThatGeoGuy wrote:
               | I think it is probably unwise to pre-suppose an extreme
               | here (that society will never "progress").
               | 
               | The default action today is "do nothing and don't
               | acknowledge the problem." Suggesting any action be taken
               | against that status quo does not in any way suggest that
               | it is a permanent inviolable law that society must
               | continuously optimize for nor does it suggest that it
               | can't be done in tandem with other "progress" society may
               | achieve.
        
               | javajosh wrote:
               | _> The default action today is  "do nothing and don't
               | acknowledge the problem."_
               | 
               | Ambivalence is the human default, and logic requires it
               | must be so. The world presently has 10e9 people.
               | Historically, something like 10e12 people have ever
               | existed (I'm estimating). If you were to somehow _feel_
               | the sum total of human suffering in just one instant, I
               | daresay it would destroy you. We ALL pick and choose what
               | suffering to acknowledge, for the simple reason that to
               | do otherwise is impossible (and deadly if it was
               | possible). Heck, we ignore _entire categories of
               | suffering_ in every discussion, like that caused by
               | disease, heart-break, ostracism, bullying, or old age.
               | 
               | You loudly proclaim your aversion to all human suffering,
               | past and present, and claim to know how to fix it. This
               | is absurd. It is vain virtue signaling. Your position
               | smacks of an ignorant pride, wrapped in a claim of
               | impossible compassion. And this sin of pride extends to
               | your "solutions" - you assert that you can accurately
               | assess the suffering of all humans throughout history and
               | take just action to make it right. That's even more
               | absurd.
               | 
               | We _can 't_ address ALL suffering. That doesn't mean that
               | we can't address ANY suffering. It means we must (must!)
               | be highly selective. We must let (almost) everything go.
               | We deal with what's in front of us. We must acknowledge
               | how human life is twisted: Rape and plunder...that yields
               | good kids. Civilizations collapse...to make new for the
               | next one. Rampant exploitation...that yields just and
               | fair societies. Cultural appropriation...that yields
               | great ideas and art. Slavery and dehumanization...that
               | ultimately leaves the descendants in a better position
               | than the descendants of those that weren't taken. It's
               | twisted, messed up, and that's life. (btw the most
               | twisted thing I know of in nature is the life-cycle of
               | this slime-mold/ameoba life cycle.
               | https://www.youtube.com/watch?v=vlANF-v9lb0).
               | 
               | Yeah, there are plenty of structures that need to be
               | dismantled in the US. The police are out-of-control and
               | there is no meaningful separation of powers at the local
               | level; the health-care system is plundering us all for
               | profit; wealth inequality continues to get worse; money
               | in politics has ossified our power structures. And yeah,
               | America has a profound and unique history of racist
               | dehumanization rooted in southern slavery that continues
               | to this day and negatively impacts many American black
               | people in profound ways. But the solution to the KKK (the
               | original recipe anti-black version) is not to invent a
               | ~KKK (the crispy anti-white version) and tell whites that
               | if they don't join ~KKK then they are in the KKK. That's
               | just fucked up.
        
               | ThatGeoGuy wrote:
               | Look I'm not exactly engaged enough to dismantle this
               | piece by piece so this will probably be my last comment
               | but:
               | 
               | > Ambivalence is the human default, and logic requires it
               | must be so.
               | 
               | You'd do well to do more than assert it. This is
               | ideology.
               | 
               | > You loudly proclaim your aversion to all human
               | suffering, past and present, and claim to know how to fix
               | it.
               | 
               | I said no such thing, and the remainder of your prior
               | statements are also asserting I made any such claim.
               | Making efforts to fix wrongs is not itself a moral
               | failure, nor is it some kind of foolish pride.
               | 
               | > We can't address ALL suffering. That doesn't mean that
               | we can't address ANY suffering.
               | 
               | What is odd to me is that this is exactly my point. If
               | you somehow think that racism isn't still "in front of
               | us" as you so boldly claim, I encourage you to prove that
               | substantially and convince the people who to this day
               | still feel victimized by it.
               | 
               | > But the solution to the KKK (the original recipe anti-
               | black version) is not to invent a ~KKK (the crispy anti-
               | white version) and tell whites that if they don't join
               | ~KKK then they are in the KKK.
               | 
               | I haven't claimed this at all. For what its worth though
               | -- you are in some form invoking the paradox of
               | intolerance here. I'm not sure why you felt the need to
               | write this screed, it is entirely separate from anything
               | I've said and completely off-the-rails.
        
               | javajosh wrote:
               | You may be right - I suppose that apart from my first
               | point about ambivalence being the default, it doesn't
               | necessarily apply to you personally. But it _does_ apply
               | to the general ideology this thread is addressing. I 'm
               | sorry if I grouped you in with views that you don't
               | share.
        
               | wizofaus wrote:
               | > tribal massacres in Africa, where the victims and
               | oppressors a) look exactly the same
               | 
               | To you. There's almost certainly more genetic difference
               | between two people randomly selected from two African
               | tribes than two people randomly selected from different
               | self-identified racial groupings in a Western country.
               | And a much longer history of conflict between tribes vs
               | races. I'd note the fact this is true goes some way
               | towards explaining why Africa suffers the levels of
               | violence and poverty today that it still does. As for the
               | rest of your post, while AA clearly is a strong form of
               | racial discrimination that does little to help us achieve
               | an ideal world where "race" is no longer a thing, it's
               | also a policy with an underlying philosophy of "let's
               | provide help to other people different in
               | appearance/ethnic backgrounds" , which is rather
               | obviously a massive improvement on "let's actively
               | discriminate and/or commit violence against such people".
               | And hopefully a step towards a policy of "let's help
               | other people when they need help, regardless of their
               | appearance or ethnic background".
        
               | javajosh wrote:
               | _> To you._
               | 
               | No, to them. I was thinking specifically of the Rwandan
               | Genocide[0], where there was and is no visible difference
               | between the Hutu and Tutsi. The difference was via a
               | field on their national id card [1].
               | 
               | 0 - https://en.wikipedia.org/wiki/Rwandan_genocide
               | 
               | 1 - http://www.preventgenocide.org/edu/pastgenocides/rwan
               | da/inda...
        
               | wizofaus wrote:
               | Accepted, the Tutsi/Hutu division isn't one where
               | difference in genetics/appearance seems to be a major
               | factor, though I'd still assume the average Tutsi or Hutu
               | could easily distinguish one from the other in a way
               | outsiders mightn't be able to.
        
               | wk_end wrote:
               | I think you may have misread the comment you're
               | responding to.
        
             | concordDance wrote:
             | > And then I think: you can't just stop doing a bad thing
             | and pretend it didn't happen. You've got to try to make
             | things right.
             | 
             | Here's where your thinking goes askew, you can't simply
             | draw a boundary around a subset of people and declare that
             | an agentic thing. Groups of people don't have guilt or
             | automatic responsibility, only individuals do.
             | 
             | Thinking of very diverse groups of people as single
             | entities is how you get sentiments like "Muslims did 9/11
             | and they must pay" without considering that the tendency-
             | towards-9/11-ness might not carry over to the entire set of
             | "Muslims". Less than half of Americans were even alive in
             | 1971 and no one is alive from the days of US slavery.
             | 
             | Thinking "those who have inherited benefits due to negative
             | treatment of African Americans should transfer wealth to
             | the descendents of those African Americans" is a separate
             | idea to race based affirmative action. Race based AA would
             | see the children of a pair of Ukrainian immigrants put
             | below the children of a pair of Ethiopian immigrants, even
             | though neither group has anything to do with slavery.
        
               | mcv wrote:
               | I'm not talking about guilt, I'm talking about getting
               | hurt. Black Americans were quite clearly discriminated
               | against as a group.
               | 
               | Your examples are all about punishment, I'm talking about
               | lifting them up, correcting the wrongs, reimbursing the
               | damage done. It's not about benefits they inherited, but
               | obstacles they inherited, opportunities that were denied
               | to them, unjust punishment that they received. This has
               | been structural for a ridiculously long time, and it's
               | still not gone. Black people still receive more severe
               | punishment for the same crimes, are still often denied
               | opportunities that are available to white people (months
               | ago there was an article here about how black founders
               | couldn't get funding if they didn't get a white co-
               | founder who was then assumed by VCs to be the real CEO).
               | Even if they are technically equal before the law, that
               | still doesn't mean that they're treated as equal in
               | practice.
        
               | sokoloff wrote:
               | > Your examples are all about punishment, I'm talking
               | about lifting them up, correcting the wrongs, reimbursing
               | the damage done.
               | 
               | Lifting one group up is almost always at the expense of
               | other groups, which is isomorphic to punishment.
               | 
               | If you have a way to lift some up without any
               | disadvantage to others, we should probably just do that
               | to an infinite extent to everyone.
        
               | lern_too_spel wrote:
               | If some groups were so oppressed that they now put a cost
               | on the rest of society via crime and welfare costs,
               | fixing that will be a long term net benefit for other
               | groups, not an expense. We can discuss the most effective
               | way to fix it, but pretending the problem doesn't exist
               | won't make it go away.
        
               | mcv wrote:
               | > Lifting one group up is almost always at the expense of
               | other groups, which is isomorphic to punishment.
               | 
               | Not necessarily. Life is not a zero sum game.
               | 
               | Who is hurt by better funding for schools in poor
               | neighbourhoods? Who is hurt by training cops to not shoot
               | first and ask questions later? Who is hurt by encouraging
               | home ownership by black people?
        
               | sokoloff wrote:
               | > Who is hurt by better funding for schools in poor
               | neighbourhoods?
               | 
               | Whatever that money would otherwise have been spent on is
               | harming the recipient of that now foregone benefit. If
               | you raise taxes to do it, taxpayers are harmed.
               | 
               | > Who is hurt by encouraging home ownership by black
               | people?
               | 
               | If home ownership is a good thing, whoever would have
               | otherwise bought those marginal houses is harmed.
        
               | Denzel wrote:
               | You missed the part where it's not a zero-sum game. If
               | you're interested in the economic concepts behind why an
               | economy is a positive-sum game in an open system, look
               | up: production possibilities frontier (PPF) and
               | comparative advantage.
               | 
               | An economy would become zero-sum if we ran up against the
               | limits of the universe. Until then, rest assured that
               | opportunity can _grow_ for both sides in a transaction.
        
               | namaria wrote:
               | >Whatever that money would otherwise have been spent on
               | is harming the recipient of that now foregone benefit.
               | 
               | This would only make sense if the amount of welfare for
               | rich people weren't outrageously high in the form of
               | regressive income taxation, non meaningful wealth
               | taxation, corporate tax breaks and subsidies, loan
               | forgiveness programs for business owners etc etc all that
               | on top of a nearly trillion dollar budget for military
               | kit that sees what 40% usage?
        
               | fugalfervor wrote:
               | > If you raise taxes to do it, taxpayers are harmed.
               | 
               | This is not true. If I, a taxpayer, want my taxes raised
               | for the sake of extending equality to a historically and
               | currently oppressed group, then I am not harmed.
               | 
               | If you, a taxpayer, disagree with the notion of
               | restorative justice, I posit that your overall happiness
               | would be helped more by empathy and less by "lower
               | taxes".
        
               | antisthenes wrote:
               | > Not necessarily. Life is not a zero sum game.
               | 
               | Life is a zero-sum game in way more ways than it is not,
               | especially on the scale of a typical human life-span or
               | important decisions that people make.
               | 
               | This is a bad trope that just won't die.
               | 
               | In fact you can see a lot of negative outcomes in spheres
               | like housing and medicine precisely because of zero-sum
               | issues.
        
               | oceanplexian wrote:
               | > I'm talking about lifting them up, correcting the
               | wrongs, reimbursing the damage done.
               | 
               | I don't think people realize how dangerous trying to
               | "repair" or "correct" history can actually be. It could
               | literally go on for thousands of years, look at the
               | Israeli's and Palestinians. While I'm fine if people who
               | committed discriminatory acts are held accountable in the
               | law, it's a period of time we should be ashamed of and
               | need to stop revisiting.
               | 
               | In my opinion, the best way to respect people who were
               | wronged is to let it go. Yes it will always be unfair,
               | but people in history books are not "us". We are a
               | different generation of human beings with the power to
               | create the world we want to live in.
        
               | vore wrote:
               | How would you feel on the other side of this? Given how
               | recently discrimination was still legal, is it really
               | great that you can shrug and say "well, tough tits I
               | guess"?
        
               | [deleted]
        
               | paiute wrote:
               | > Groups of people don't have guilt or automatic
               | responsibility, only individuals do.
               | 
               | Humans are a eusocial species, and history is full of
               | group guilt, plight, dominance. I do agree with the
               | direction of your thought though. We should strive at the
               | individual level.
        
               | blueboo wrote:
               | Groups were advantaged over groups. Your line of
               | reasoning itself draws a boundary--in history--and
               | thereby quite conveniently sidesteps the issue.
               | 
               | And yes, a pair of Ethiopian immigrants, even in 2023,
               | face structural racism over and above their Ukrainian
               | friends, alas, arising from America's legacy of slavery
               | -- hence affrimative action.
        
               | lom888 wrote:
               | But perpetuating the logic of groups being advantaged
               | over groups only keeps the identitarian mindset going. By
               | openly favoring certain groups the discrimination never
               | ends. All you need to do is look at India where the
               | active discrimination in favor of scheduled castes goes
               | on ad infinitum to see that the effect of any
               | discrimination amplifies sectarianism. The line needs to
               | be drawn somewhere. You don't fight fire with fire, you
               | fight it with water. You don't solve discrimination with
               | more discrimination, you fight it by having people not
               | accept the logic of identitarianism.
        
               | mcv wrote:
               | The discrimination doesn't go away if you ignore it. The
               | discrimination has continued. It still is. Not forced by
               | the law any more, but still many times perpetrated by
               | individuals based on other individuals' membership or a
               | perceived group. That is the real identitarian mindset
               | you should be worried about.
        
               | Misdicorl wrote:
               | "you can't simply draw a boundary... Https if people
               | don't have responsibility... Only individuals do"
               | 
               | I think this is specious reasoning. We accept this just
               | fine in other tort circumstances e.g
               | 
               | 1) lawsuits against a city after miscarriage of justice
               | 
               | 2) lawsuits against corporations when X happens.
               | 
               | Often individual responsibility will be a portion of the
               | trial but to my understanding it is
               | 
               | 1) a secondary or even tertiary concern
               | 
               | 2) used to deflect blame from the group
               | 
               | I think in general not allowing blame to be allocated to
               | individuals will lead to poor results. We need methods to
               | call systems bad and curtail them in addition to
               | individuals
        
               | bandrami wrote:
               | It doesn't really have anything to do with "guilt", it
               | has to do with the fact that white middle class
               | intergenerational wealth was built entirely through
               | housing, which was government subsidized for white people
               | and whatever the opposite of subsidized is for nonwhite
               | people (they didn't just not get the loans, the
               | government took active steps to discourage private
               | lending and devalue nonwhite neighborhoods to push up
               | property values in white areas).
               | 
               | If the racial aspect of it is intolerable to you, there's
               | an easy fix: a 100% estate tax distributed universally as
               | a nest-egg to 18 year olds.
        
               | blackle wrote:
               | 9/11 was not a systemic injustice, it was perpetrated by
               | a small group of extremists in a single act. Racial
               | discrimination was a systemic injustice perpetrated by
               | lawmakers, enabled by an unjust society, with country-
               | wide effects lasting multiple decades (if not centuries).
               | It's not a logical fallacy to think that a systemic
               | injustice requires a systemic solution.
        
               | jimbob45 wrote:
               | _it was perpetrated by a small group of extremists_
               | 
               | A small group of extremists cheered on by a vast number
               | of international Muslims worldwide and domestically.
        
               | robertlagrant wrote:
               | But the solution is to remove the injustice. That's not
               | what's contended here, I think.
        
               | mcv wrote:
               | It is what I'm discussing. Not sure what else there is.
        
               | fugalfervor wrote:
               | That is one proposed solution. There are many others.
        
               | otikik wrote:
               | > Groups of people don't have guilt or automatic
               | responsibility, only individuals do.
               | 
               | Then the words "accomplice", "collaborator" and
               | "facilitator" would not exist.
               | 
               | I believe countries, families and things in between can
               | be guilty of stuff.
        
               | sokoloff wrote:
               | "accomplice", "collaborator" and "facilitator" are all
               | singular nouns rather than collective nouns.
        
             | idopmstuff wrote:
             | > And then I think: you can't just stop doing a bad thing
             | and pretend it didn't happen. You've got to try to make
             | things right.
             | 
             | I don't disagree with you, but I've always found it wrong
             | that in a lot of cases of academic affirmative action, it's
             | Asians who are absorbing the cost of making things right,
             | when they are definitely not responsible for any of the
             | wrongs done.
        
             | [deleted]
        
             | marcosdumay wrote:
             | > You've got to try to make things right.
             | 
             | Well, ok, you should.
             | 
             | Now, favoring person A due to their skin color, at the
             | expense at person X, because person B was once harmed to
             | favor person Y due to their skin color does not strike me
             | as a productive way to do that.
             | 
             | You can start to make things right by banning that shit
             | about children of alumni, all the bullshit police behavior
             | there, doing some real wealth redistribution, etc. You can
             | go looking at individuals that were harmed too, but modern
             | legal systems have a really hard time dealing with that
             | kind of situation, so be prepared to cover new ground, and
             | be wary of not creating larger injustices than the ones you
             | are trying to fix.
             | 
             | Anyway, I'm far from the US too. The entire thing isn't
             | completely academic to me, but it's close to that.
        
             | justinclift wrote:
             | > ... when black people call the police, there's the non-
             | zero chance that they're the ones who end up getting shot.
             | 
             | In the US, isn't that the case regardless of people's skin
             | colour?
             | 
             | This example springs to mind for me anyway:
             | 
             | https://www.news.com.au/world/north-america/verdict-in-
             | polic...
        
               | RhodesianHunter wrote:
               | Statistics matter, anecdotes do not.
        
               | willcipriano wrote:
               | Unless they are the FBI crime statistics, then we are
               | back to anecdotes.
        
               | ParetoOptimal wrote:
               | The way you analyze statistics matters too. For instance
               | most don't cross-reference crime statistics with economic
               | background and see how drastically that affects any prior
               | (likely racist) conclusions.
        
               | Amezarak wrote:
               | Have you cross-referenced that? What I saw was that the
               | lowest economic quintiles of some groups committed less
               | crime than the wealthiest quintiles of other groups. The
               | "economic" in "socio-economic" is important, but so is
               | the "socio", which may include being discriminated
               | against in the past.
               | 
               | Unfortunately, statistics don't really bear out a lot of
               | popular claims about the impact of poverty. For example,
               | per-student funding does not make as big a difference in
               | academic performance in schools as demographics and the
               | local social environment: there are a lot of schools with
               | bottom barrel funding that perform great and schools with
               | exorbitant funding that perform miserably. And family
               | income is not the strongest predictor of SAT scores.
        
               | eastof wrote:
               | Don't the statistics show that black people have about
               | the same rate of deaths per encounter as other groups?
               | 
               | https://www.pnas.org/doi/10.1073/pnas.1903856116
               | 
               | Deaths per capita are higher, but their police encounter
               | rate is also higher. The higher encounter rate is
               | possibly due to discrimination, but it doesn't match with
               | your story about calling the cops and then getting shot.
        
               | tildef wrote:
               | Worth noting that this paper has been retracted:
               | https://www.pnas.org/doi/10.1073/pnas.2014148117
        
               | LanceH wrote:
               | The bar was set at non-zero, so a single (true) anecdote
               | surpasses that.
        
               | j_walter wrote:
               | The point of saying "when a black person calls police"
               | implies that the "non-zero" is in reference to an
               | increase from the status quo of "when a white person
               | calls police".
               | 
               | Everyday there is a non-zero chance of being shot by
               | police whether you intiate the encounter or not.
        
             | belorn wrote:
             | Germany went through a similar phase after 1945 with a lot
             | of guilt and reparations towards fixing all the problem
             | cause during the war. It was very noticeable in behavior
             | and attitude, through around 2000s it seems that the past
             | is being put behind them.
             | 
             | We should not forget that world war 2 happens, but it also
             | doesn't make much sense for Germans to continue self-
             | flagellation forever. If anything, the lessons learned by
             | the period between world war 1 and world war 2 is that
             | lasting peace is not about trying to fix every past
             | injustice by never ending reparations. It is not feasible
             | to create a world as if world war 2 did not occur, and at
             | some point people has to accept the past and work as a
             | single group, like say a European union rather than Europe
             | vs Germans.
        
               | Teever wrote:
               | Germany paid reparations.
        
               | mcv wrote:
               | But not to Greece.
        
               | throw_a_grenade wrote:
               | And not to Poland.
        
               | snovymgodym wrote:
               | Germany has paid reparations to Polish individuals harmed
               | by the second world war.
               | 
               | > In the meantime, Poland and Germany concluded several
               | treaties and agreements to compensate Polish persons who
               | were victims of German aggression. In 1972, West Germany
               | paid compensation to Poles that had survived pseudo-
               | medical experiments during their imprisonment in various
               | Nazi camps during the Second World War.[35] In 1975, the
               | Gierek-Schmidt agreement was signed in Warsaw. It
               | stipulated that 1.3 billion DM was to be paid to Poles
               | who, during Nazi occupation, had paid into the German
               | social security system but received no pension.[36] In
               | 1992, the Foundation for Polish-German Reconciliation was
               | founded by the Polish and German governments, and as a
               | result, Germany paid Polish sufferers approximately zl
               | 4.7 billion (equivalent to zl 37.8 billion or US$7.97
               | billion in 2022[citation needed]). Between 1992 and 2006,
               | Germany and Austria jointly paid compensation to
               | surviving Polish, non-Jewish victims of slave labour in
               | Nazi Germany and also to Polish orphans and children who
               | had been subject to forced labour.[37] The Swiss Fund for
               | the Victims of the Holocaust (which had obtained
               | settlement money from banks in Switzerland) used some of
               | its funds to pay compensation between 1998 and 2002 to
               | Polish Jews and Romani who were victims of Nazi
               | Germany.[37]
               | 
               | Germany also ceded around 20% of its pre-1938 territory
               | to Poland. The ethnic Germans who lived in those
               | territories were subsequently denied citizenship and
               | expelled. (https://en.wikipedia.org/wiki/Bierut_Decrees)
               | 
               | I'm not really sure that there's anything more to settle
               | between the two countries in 2023.
        
               | throwaway6734 wrote:
               | And not to Ukraine
        
               | belorn wrote:
               | The West and east Germany split was a form of
               | reparations, including conceding and dismantling of the
               | German industry and railroad system.
               | 
               | The key however is that such reparations are not being
               | continued, nor are they repaying the full cost of the
               | damages cause to every person on the planet that was
               | impacted by the war. No amount of reparations can make
               | right the wrong of world war 2.
               | 
               | If we just look at the dollar amount, according to the
               | britannica, the money cost to governments involved has
               | been estimated at more than $1,000,000,000,000 (in 1945),
               | which does not account for the human costs (the cost of
               | slavery in Amercia is mostly about human cost). The
               | reparations that Germany has paid is nowhere near those.
               | 
               | If we imagine them having a debt of $1,000,000,000,000,
               | the inflation alone would be around the same as their
               | GDP.
        
             | Kye wrote:
             | Ta-Nehisi Coates' _The Case for Reparations_ was widely
             | dismissed for the title in 2014, but it 's a chronicle of
             | this sort of thing, and it's very much ongoing.
             | 
             | https://www.theatlantic.com/magazine/archive/2014/06/the-
             | cas...
        
             | 93po wrote:
             | > Have things been made right by now? I have no idea.
             | 
             | Ask any black person and there's your answer.
        
               | Fatnino wrote:
               | Ask justice Thomas
        
               | 93po wrote:
               | Ask any black person with a net worth that isn't $30
               | million
        
               | rayiner wrote:
               | The decisive majority of black people agree with justice
               | Thomas that colleges shouldn't use race as a factor for
               | admissions: https://www.pewresearch.org/short-
               | reads/2019/02/25/most-amer...
        
               | gmarx wrote:
               | Where did you get 30 million? One online source estimates
               | 1 million net worth and has some reasoning to back it up.
               | My guess is that if he has owned a house in the DC area
               | since he has been on the supreme court, he would have a
               | lot of home equity too but probably not up to 30 million
        
               | ryan93 wrote:
               | Thomas was anti affirmative action going back 50 years to
               | when he graduated from yale law. he grew up very poor.
        
               | SV_BubbleTime wrote:
               | Seems like you are moving the goal post?
               | 
               | Are you saying rich black people aren't as black as poor
               | black people? I seem to remember a presidential candidate
               | saying something similar.
               | 
               | Why would you punish someone for their success despite
               | the disadvantage you insist must be accounted for?
        
               | pessimizer wrote:
               | [flagged]
        
               | kneebonian wrote:
               | > t's obvious that they're talking around it, especially
               | when "culture" comes up.
               | 
               | I 100% think it is because of culture and has nothing to
               | do with race. I have a friend who is black, he grew up in
               | the Ivory Coast and moved to the US for school, he is
               | hard working, contentious, polite, and all the other
               | things that are associated with success. This is because
               | he was raised to value education, to work hard, to do
               | good for the world, the importance of family, etc.
               | 
               | In comparison I spent several years doing humanitarian
               | work in the inner cities of northern Ohio. There I saw
               | veneration of doing as little as possible, hostility
               | towards education, glorification of violence, and a host
               | of other things that lead to negative outcomes.
               | 
               | I won't pretend that some people aren't racist, but no
               | person can tell me with a straight face that the inner
               | city culture and everything that comes with it isn't part
               | of the reason we have the disparity in our country.
        
               | nobody9999 wrote:
               | >I won't pretend that some people aren't racist, but no
               | person can tell me with a straight face that the inner
               | city culture and everything that comes with it isn't part
               | of the reason we have the disparity in our country.
               | 
               | I'd posit that when the institutions of society
               | disrespects, discriminates against, humiliates and
               | _murders_ members a group with impunity for generations,
               | it 's not very surprising when that group is
               | disrespectful of society and its institutions is it?
               | 
               | And while, for the most part (leaving aside voter
               | suppression, gerrymandering and other mechanisms that
               | disadvantage/disenfranchise) the government _mostly_ no
               | longer murders /discriminates with impunity, there's
               | plenty of anti-African American _bigotry_ (I use that
               | term instead of  "racism" as there's only one _human_
               | race, and we 're _all_ part of it) still around.
               | 
               | While I don't think it's constructive for those who have
               | been/are being abused/discriminated against for nearly
               | _half a millenium_ to distrust the institutions that have
               | done so, it 's certainly understandable.
        
               | rd wrote:
               | Why do you think that the inner city culture has evolved
               | to be the way it is? Say, in comparison to, Menlo Park or
               | NYC or Virginia suburbs culture?
        
               | rayiner wrote:
               | At least in part, it's the 20th century political
               | alliance between black politicians and white social
               | liberals. These are not problems that existed in the
               | first half of the 20th century. Ironically, you're now
               | seeing the same social breakdown in working class white
               | communities, who historically were aligned with white
               | social liberals. Fatherless "barstool conservatives" are
               | the product of that alliance.
               | 
               | Almost all the disparity in income mobility between black
               | and white people is caused by disparities between black
               | and white men. (Black women have similar mobility to
               | similarly situated white women in terms of individual
               | income.) And Harvard's Raj Chetty has shown that the two
               | things that eliminate racial disparities in income
               | mobility for black boys is growing up in a neighborhood
               | with (1) low levels of racism among whites; and (2) high
               | levels of fathers living at home with their biological
               | children:
               | https://academic.oup.com/qje/article/135/2/711/5687353.
               | There's only a handful of places in America,
               | unfortunately, that meet both criteria.
        
               | RhodesianHunter wrote:
               | >are intrinsically inferior to whites. Most white people
               | (and plenty of black people) choose to believe the
               | latter.
               | 
               | Your assertion is that most (>50%) of whites in the US
               | believe that blacks are inferior? I find that hard to
               | believe.
               | 
               | It's my impression that these folks are mostly
               | concentrated in certain states and retain power solely
               | due to the fact that land mass = power due to the nature
               | of our government.
        
               | VirusNewbie wrote:
               | John Wood Jr. would be a good person to listen to for
               | getting a very interesting answer to this very complex
               | questions.
        
             | FireBeyond wrote:
             | > not to mention tons of possibly illegal but still very
             | real discrimination after that
             | 
             | High schools in Georgia have had segregated proms as
             | recently as 2019 (and possibly since then too), either
             | formally, up to 2012, or informally (one county had schools
             | that had a prom that was open and then a "white prom" which
             | didn't specify attendance requirements, but I'll leave it
             | as an exercise for the reader as to who was welcome where.
        
             | lotsofpulp wrote:
             | > You've got to try to make things right.
             | 
             | The issue is this has nothing to do with the goal of
             | educating someone in a certain subject based on their
             | academic proficiencies.
             | 
             | Go ahead and give poor people money, but no reason to make
             | other processes and institutions less meritocratic. I know
             | legacy/bribed via donation admissions exist, and those are
             | obviously also a problem too.
        
               | pessimizer wrote:
               | You can give poor people money, but that has nothing to
               | do with black people. Black people aren't asking for
               | money because they're poor, they're asking for money
               | because the country was built with their ancestors'
               | uncompensated labor, it was entirely legal, and the
               | descendants of their owners still enjoy the fruits of
               | that uncompensated labor.
               | 
               | You can _also_ give poor people money, but changing the
               | subject to poor people instead of black people is an
               | instant smokescreen.
        
               | JamesBarney wrote:
               | Why do you think the country is richer because of
               | slavery?
               | 
               | I'd argue that slavery made a small % of influential
               | plantation owners very rich at the expense of the
               | suffering of a large number of people, and less
               | importantly the economy.
               | 
               | Places in the U.S. that didn't have slaves are richer
               | today than places that did.
        
               | [deleted]
        
               | nemothekid wrote:
               | > _Why do you think the country is richer because of
               | slavery?_
               | 
               | There are plenty of books on this subject, I think
               | "Capitalism and Slavery" goes into this well, but it's
               | pretty well documented. Slavery was a _huge_ part of the
               | southern economy, it wasn 't just a few individual
               | slaveholders getting rich; it was embedded in the very
               | way of life in the south. It's akin to saying "America
               | isn't rich because of Apple, there's just a few wealthy
               | executives at Apple" - it totally ignores how embedded
               | Apple is in our economy - from the app store, to digital
               | payments, to the entire businesses that live on that
               | platform. It's not controversial at all to say the
               | country was made richer because of slavery.
               | 
               | It's not to say that every plantation owner was massively
               | wealthy, or America was a super power due to slavery, but
               | America's implementation of chattel slavery was
               | incredibly vast and was one of its major economies until
               | the industrial revolution.
        
               | philwelch wrote:
               | > Slavery was a huge part of the southern economy, it
               | wasn't just a few individual slaveholders getting rich;
               | it was embedded in the very way of life in the south.
               | 
               | The part you're leaving out is that, as a direct
               | consequence of this practice, the South was a backwards
               | and impoverished part of the country for that entire
               | period.
               | 
               | > America's implementation of chattel slavery was
               | incredibly vast and was one of its major economies until
               | the industrial revolution.
               | 
               | That Industrial Revolution started not too long after
               | American independence, but it only happened in the North,
               | not the impoverished slave economy of the South. That's
               | one of the fundamental reasons the North won the war.
               | Slavery didn't make America richer; it made America
               | significantly poorer. And the Northern capitalists knew
               | it at the time, which is why they were a major part of
               | the antislavery coalition that ultimately formed the
               | Republican Party.
        
               | MisterBastahrd wrote:
               | > The part you're leaving out is that, as a direct
               | consequence of this practice, the South was a backwards
               | and impoverished part of the country for that entire
               | period.
               | 
               | The part that you're leaving out is that they were
               | backwards and impoverished BY CHOICE. They could have
               | automated just as much as the North did. They chose not
               | to, because it was politically advantageous for land
               | owners to keep their slave populations, which effectively
               | also kept wages low for non-land owning white folk.
        
               | JamesBarney wrote:
               | Do you think that if the South had freed the slaves
               | before the civil war GDP would have dropped?
               | 
               | Or conversely if a large nation today enslaved a
               | substantial portion of it's population do you believe
               | that their GDP would increase or decrease?
        
               | skippyboxedhero wrote:
               | Slave societies are generally poor. Africa's economy was
               | largely slave-based until relatively recently (and still
               | is the only place where you have active slave markets,
               | the reason why slaves came from Africa was because it was
               | the only place where there was a local slave industry,
               | largely due to the trade into the Middle East), Brazil's
               | slave trade was 10x larger than the US (the US never
               | actually had a large first-generation slave population
               | because mortality was so low and fertility so high),
               | Caribbean the same, the Middle East the same, India the
               | same.
               | 
               | There is a lot of research on this subject but it is
               | worth remembering that slaves were capital that had a
               | price too. So it wasn't "free labour" in any sense.
               | 
               | Most plantation owners didn't end up rich either, there
               | were economies of scale and the price of cotton collapsed
               | over the 19th century.
               | 
               | Over the long-term though, slave labour has typically
               | inhibited economic development.
        
               | smileysteve wrote:
               | In part because when labor is free you have less
               | incentive to innovate;
               | 
               | American slavery in the U.S. South was threatened more by
               | the invention of the cotton gin and the global floor for
               | cotton prices dropping. This was diversified away
               | somewhat with Tobacco, but still a major factor in the
               | economics of slavery.
               | 
               | The sad part is that the US South was fearful of this
               | economic reality - up to runaway slaves and illegal slave
               | trade decimating the profit margins - which meant the
               | powder keg for revolt was ready. But as we can see from
               | the Southern "Tax" men stealing from the citizenry, the
               | French less incentivised because of global cotton prices;
               | the future in American slavery was futile.
        
               | philwelch wrote:
               | I think you have the economic history of the cotton gin
               | backwards there. The slave economy was much more tobacco-
               | centric before the cotton gin, because even with slaves,
               | cotton was too labor-intensive to be worth large scale
               | agriculture before the cotton gin. The cotton gin is a
               | good example of Jevons paradox, where making something
               | more efficient (in this case, making cotton harvesting
               | more labor-efficient) ends up increasing demand (in this
               | case, of cotton-harvesting labor).
        
               | btilly wrote:
               | Except that the country wasn't built on that labor. It
               | was built on agriculture and industrialization, mostly in
               | non-slave states.
               | 
               | And most of cotton generated by slaves went to Britain,
               | whose textile mills also captured most of the profits off
               | of that industry. Should the USA therefore demand
               | reparations from Britain?
               | 
               | But we could go the other route, and tax the descendants
               | of the slave owners. Unfortunately, the largest and most
               | easily identifiable group of descendants of slave owners
               | are blacks themselves! (You can thank a common practice
               | of raping slaves for a lot of that.)
               | 
               | The best solution that we ever came up with for this mess
               | was school busing. Since we got rid of it, the black-
               | white income gap has been rising. But nobody wants to
               | talk about it. Instead, let's focus on the token gesture
               | of affirmative action, which never made a difference in
               | the lives of most blacks. And which tainted the success
               | of blacks whose success was not because of affirmative
               | action.
        
               | greedo wrote:
               | There was a lot of slavery outside of the South, long
               | before cotton became king.
        
               | jstarfish wrote:
               | > they're asking for money because the country was built
               | with their ancestors' uncompensated labor, it was
               | entirely legal,
               | 
               | If anything, this is an argument against reparations.
               | Slavery has been around and accepted since before the
               | Bible was written; we just keep finding ways to redefine
               | it. An entire war was waged in which people died fighting
               | to restore slaves' freedom. The debt has been paid.
               | 
               | What reparations _should_ be paid out for is the systemic
               | effect of abusing the justice system to keep blacks in
               | cages long after slavery ended. The war on drugs, the war
               | on crime, the wrongful convictions from both, BLM...
               | _that_ much is extrajudicial _and occurred in our
               | lifetimes_. They really get /got fucked by the system in
               | a not-so-legal way, which merits correction.
        
               | MisterBastahrd wrote:
               | > If anything, this is an argument against reparations.
               | Slavery has been around and accepted since before the
               | Bible was written; we just keep finding ways to redefine
               | it. An entire war was waged in which people died fighting
               | to restore slaves' freedom. The debt has been paid.
               | 
               | It does not matter how long slavery has been around. What
               | matters is that the nation accrued gigantic collections
               | of material wealth on the backs of American slaves. The
               | American Civil War was NOT fought to restore the freedom
               | of slaves. The Civil War was started because the South
               | decided that they had "state's rights" to slavery. It was
               | never fought to "end slavery." It was fought to put down
               | a rebellion, the same way that Washington put down
               | multiple rebellions during his tenure as POTUS.
               | 
               | No debt has ever been paid. Those union soldiers were
               | never fighting to end slavery. They were fighting to
               | maintain the union. Those are fundamentally different
               | objectives. Your perspective is not held by any
               | scholarship on the matter past jingoistic elementary
               | school textbooks.
        
               | lotsofpulp wrote:
               | No one is going to be able to go back in time and change
               | history.
               | 
               | Getting into the weeds of defining who is and is not
               | deserving of wealth redistribution is just going to waste
               | society's resources by pitting tribe versus tribe, and
               | ironically mostly helps those at the top.
               | 
               | "Poor" is easier to define and rectify, and at the end of
               | the day, I think the goal should be to provide a floor to
               | members of society and maximize opportunities to all.
        
               | skippyboxedhero wrote:
               | I would look at what happened in South Africa. An
               | explicit part of Mandela's agenda was setting an end
               | point for the discussions around what happened during
               | apartheid.
               | 
               | South Africa is also a good example of what happens if
               | people decide to go back and reopen that box (and tbf,
               | when it came to money the initial movement was quite
               | short-lived, the current President of South Africa got
               | very rich very quickly).
        
               | cloverich wrote:
               | You dont need to go back in time or define who is and
               | isnt to blame. A few simple tax based measures (ex: free
               | college for black people for 200 years) and genuine
               | atonement (ex: replace civil war relics that downplay
               | southern role in slavery and its associated atrocities)
               | and wed be light years ahead of where we are today.
               | 
               | Staple an endpoint on it then move on. The trick is doing
               | SOMETHING meaningful and country wide is whats missing.
        
               | lotsofpulp wrote:
               | Why restrict it to black people? Then you have to get
               | into defining black and not black?
               | 
               | Instead, just offer free college to everyone.
        
               | dragonwriter wrote:
               | If we neutralize generational economic disadvantage, we
               | also eliminate any merit to the claim to compensation for
               | economic injury to past generations.
               | 
               | I would rather _no one_ bear the economic burden of the
               | myriad of diverse injustices committed by our society in
               | the past than that only specifically the descendants of
               | those enslaved in the past be freed of the economic harm
               | of that particular injustice, even if its effects could
               | be fairly isolated, computed, and compensated.
        
               | Pladbaer wrote:
               | Well, it's an intersectional issue. You have to take into
               | consideration that the academic successes or failures of
               | an individual are going to be heavily impacted by the
               | schools they had access to.
               | 
               | Which is directly tied to the above mentjoned issues.
        
               | khasan222 wrote:
               | What I believe they're trying to say is that it already
               | has not been a meritocracy, and because of human nature
               | that stain will always be there somewhat at least this is
               | a attempted washing of the stain
        
               | iosono88 wrote:
               | [dead]
        
               | lotsofpulp wrote:
               | I specifically wrote "less meritocratic" to imply that
               | meritocracy is a spectrum. Obviously, humans are
               | currently unable to achieve perfectly meritocratic
               | institutions, but it is a spectrum where we can attempt
               | to be more meritocratic than less.
        
               | justinclift wrote:
               | Sounds like there would be plenty of edge cases in this
               | kind of thing too.
               | 
               | For example, apparently not all the slave owners were
               | white:
               | 
               | https://www.encyclopedia.com/humanities/applied-and-
               | social-s...
               | 
               | That's likely to complicate the heck out of things.
        
             | chmod600 wrote:
             | "you can't just stop doing a bad thing and pretend it
             | didn't happen. You've got to try to make things right."
             | 
             | For individual humans, that works. Applying that opinion to
             | society at large is at the core of the social justice
             | philosophy, but in my opinion is misguided.
             | 
             | When people are focused on the past, they aren't focused on
             | the future. It becomes a never-ending argument over
             | history, trying to divvy up blame and virtue and money
             | among people who weren't even present at the time the
             | evilness happened and who themselves have a mixed heritage.
             | 
             | Should students whose parents arrived from China in the 80s
             | be discriminated against so that you can discriminate in
             | favor of someone whose parents arrived from Kenya in the
             | 80s? There are a zillion scenarios like that, and when you
             | add them up they aren't the edge cases, the complexity is
             | the normal case. America is a place of immigration and
             | mixing.
             | 
             | History is history. A lot of it is bad. You can only fix
             | the future, and a never-ending argument about history isn't
             | going to do that. We know discrimination based on race is
             | bad. If an individual needs help, help them regardless of
             | race.
        
               | endisneigh wrote:
               | The problem with your logic is that if you leave the past
               | the past then there's effectively no punishment for
               | discrimination in the present.
               | 
               | Suppose the war in Ukraine ends today. Time skips forward
               | a year with no change from the present. A committee
               | recommends reparations for the Ukrainians affected. Do
               | you do it or not? I don't have the answer but leaving the
               | past the past is simply choosing a certain status quo, as
               | is full reparations another status quo.
        
               | chmod600 wrote:
               | The Ukraine war is not 50 years ago and clearly affects
               | the entire country. If Russia decides to pay reparations
               | that could make sense but it's a different issue by a
               | long shot.
               | 
               | 50 years later after a bunch of people have been born,
               | died, and moved in and out? No way.
        
               | endisneigh wrote:
               | Why or why not does the time matter? And what length does
               | or does it not matter?
               | 
               | This is not math, no matter the answer it's clearly
               | opinionated, hence this Supreme Court case.
        
               | chmod600 wrote:
               | In one year, the people involved are basically the same.
               | In 50 years, a lot of births, deaths, and immigration
               | have changed the population dramatically.
               | 
               | There could be a discussion about one year vs ten years
               | or something, I don't know. But it's irrelevant to the
               | current topic.
               | 
               | Just do what's right based on individual circumstances.
               | If person A is poor, help them, don't discriminate
               | against person B. That just feels like a government
               | trying to pass blame for its own failed social policies
               | over the last 50 years.
        
               | endisneigh wrote:
               | Well clearly you have all the answers lol. Again your
               | logic is faulty. There is no world government compelling
               | action thus by your own logic any government can simply
               | fail to take action until the duration you have mentioned
               | has passed and then they are absolved of responsibility.
        
               | tester756 wrote:
               | Just like in "statute of limitations"?
        
               | endisneigh wrote:
               | Irrelevant. The question isn't about legality. It's
               | morality and one of ethics. Even if it were legal it's
               | the government itself that would need to be compelled.
               | There's no higher force. There's the citizenry which
               | takes us to the current discussion and thread.
        
               | UncleMeat wrote:
               | How convenient that groups can simply run out the clock
               | on this stuff.
        
               | tester756 wrote:
               | The concept of "statute of limitations" exists.
        
               | UncleMeat wrote:
               | I'd believe that conservatives were genuine about this
               | argument if they were actively supporting policies that
               | repaired more recent oppression.
        
               | emkemp wrote:
               | True, but in American law at least, some crimes like
               | murder don't have a statute of limitations.
        
               | mensetmanusman wrote:
               | Justice is often thwarted by death. Welcome to the human
               | condition.
        
               | mistermann wrote:
               | Let's hope the sins of the fathers are not visited upon
               | the sons!
        
               | throwaway6734 wrote:
               | How much money do you think the Germans and Russians owe
               | the Poles, Belarussians and Ukrainians for WW2?
        
               | nobody9999 wrote:
               | >When people are focused on the past, they aren't focused
               | on the future. It becomes a never-ending argument over
               | history, trying to divvy up blame and virtue and money
               | among people who weren't even present at the time the
               | evilness happened and who themselves have a mixed
               | heritage.
               | 
               | As is widely discussed and intuitively obvious, "the past
               | is prologue."
               | 
               | What happened in the past is relevant to the present
               | because the past quite literally _creates_ the present.
               | 
               | As Eugen Weber[0] put it[1]:                  ...we are
               | going back to the old country.  We're going back to where
               | many of         our ancestors came from, to see where
               | their stories came from, and their         memories, and
               | their habits and the way they are, which has made us the
               | way we         are.             This is what history is
               | about.  Where we come from, what lies behind the way
               | we live and act and think.  How our institutions, our
               | religions, our laws        were made.
               | 
               | Should we ignore all that came before, knowing that it
               | informs and structures our societies, ideas and
               | proclivities? I say, "no."
               | 
               | Because we don't exist in a temporal vacuum (thank you,
               | Second Law of Thermodynamics). Rather, our pasts and the
               | impact of the events of those pasts inform and shape the
               | present. Ignore it at your own peril.
               | 
               | [0] https://en.wikipedia.org/wiki/Eugen_Weber
               | 
               | [1] https://youtu.be/XCyO8meahME?t=410
        
             | e40 wrote:
             | [flagged]
        
           | mahdi7d1 wrote:
           | This legacy system in likes of Harvard boggles me. If
           | someones parents went to Harvard it might be actually logical
           | to be harder for him to get into not easier. His educated
           | parenting is already a huge plus for him and if he is unable
           | to get into the same university it's on him.
        
             | TrackerFF wrote:
             | What you need to know about Harvard is that they are a
             | business. Their business is to amass donations from alumni
             | and the likes. Their endowment fund is currently over $50
             | billions.
             | 
             | Rich and successful alumni means more donations, so it
             | makes sense to take in the kids of rich and successful
             | people.
        
             | gmarx wrote:
             | You are making some assumptions about what Harvard is
             | attempting to do when filling its classes. If its goal is
             | to have a class full of people who did the most with what
             | they had you have an argument. If their goal is to maximize
             | alumni support (financial and otherwise) then maybe not
        
             | skotobaza wrote:
             | Well if your parents went to Harvard then they had money to
             | pay for Harvard. And they probably have money to pay for
             | their children.
        
               | tourmalinetaco wrote:
               | Harvard and similar universities are all about
               | "donations" to the school, so yeah. It's definitely an
               | assumption of generational wealth.
        
           | lr4444lr wrote:
           | This is good, but it also leaves out that the Civil Rights
           | Act legislation made this kind of "thumb on the other side of
           | the scale" for "disadvantaged races" patently illegal.
           | Affirmative Action was, therefore, a recognized court
           | exemption - explicitly stated by judges as a temporary
           | measure - and which has been further narrowed in multiple
           | later cases brought to it (cf. University of California v.
           | Bakke, Gratz v. Bollinger).
           | 
           | A more recent group, Students for Fair Admission, largely
           | cited the anti-Asian angle its effects were producing.
           | 
           | Affirmative Action was never part of formal U.S. law, and
           | never designed to exist indefinitely.
        
         | cheekibreeki2 wrote:
         | It's an idea as obsolete as daylight savings time.
        
         | j45 wrote:
         | It's a part of the equation because the Equation is so designed
         | to be against it by the variables that are included and
         | excluded.
         | 
         | I promise if you spend even an iota of time digging into this
         | you will find some meaningful substance that resonates wi the
         | buoy without asking other (indirectly or unintentionally) to do
         | your mental labour for you and to your satisfaction to be
         | convinced otherwise.
         | 
         | This itself is an example of the type of variables and
         | equations that exist that seem second nature because of how
         | they are conditioned into most people from a young age without
         | awareness.
        
         | aredox wrote:
         | Because the US uses race as a trigger to keep the poor fighting
         | amongst themselves.
         | 
         | That's why.
        
         | edgyquant wrote:
         | The reason often given is that most poor people are white
        
         | russdill wrote:
         | I think if you want the historical context, read the dissenting
         | opinions from the other justices. Such as
         | https://thehill.com/wp-content/uploads/sites/2/2023/06/Jacks...
        
         | CorrectHorseBat wrote:
         | A tangent question I have, and have asked here before without
         | any satisfactory answer:
         | 
         | How does it even work? I can proof I'm poor with for example
         | tax returns, but how does someone proof they are of a certain
         | "race"?
        
         | snowwrestler wrote:
         | There is another reason, less talked about, that higher
         | education started considering factors like socioeconomic
         | status, race, ethnicity, and national origin in admissions.
         | 
         | It became clear that immersing predominantly white, privileged
         | students in a predominantly white, privileged campus during 4
         | years of college was poorly preparing them as leaders for a
         | future world in which they will encounter a greater diversity
         | of backgrounds than their parents did. (Because of both
         | changing U.S. demographics AND growing global trade.)
         | 
         | And it became clear that sourcing students primarily from
         | white, privileged backgrounds was poorly positioning the
         | institutions themselves in an increasingly diversifying
         | society.
         | 
         | As legal barriers to the financial and political participation
         | of women and minorities fell, there were more opportunities for
         | people of those backgrounds to succeed. And elite higher
         | education institutions want to remain the schools of choice for
         | the most successful members of society (regardless of
         | background). They can't do that if everyone thinks they only
         | care about rich white people.
         | 
         | Adjusting admissions to increase the diversity of backgrounds
         | of new students was a way to short-cut solutions to these
         | challenges.
         | 
         | In short, a thumb on the scale to bring the student body more
         | in line with global diversity was also done with an eye toward
         | remaining competitive as a top choice among options for higher
         | education.
        
         | Balgair wrote:
         | I'm going to assume positive intent on this and that it's not a
         | troll comment.
         | 
         | Race in the US is horribly complicated and tied into so many
         | parts of life here in the US. Full Stop.
         | 
         | HN comment sections aren't really the place to go into the very
         | fine details, especially just one comment like mine. and the
         | fine details do matter. Ok, all that out of the way, now to the
         | questions here.
         | 
         | Let's take a small micro-example and explore a bit:
         | 
         | You are an African-American woman experiencing preeclampsia at
         | 30 weeks gestation. Preeclampsia is a very serious medical
         | condition and can cause death to you and your baby. You go into
         | the hospital not knowing what is wrong with you, but you know
         | something is wrong.
         | 
         | Like it or not, many medical professionals still believe that
         | African-Americans don't feel pain like other people do.
         | 
         | Like it or not, many medical professionals still believe that
         | women over-react to pain [0].
         | 
         | Like it or not, many medical professionals do not believe the
         | above if they are African-American women.
         | 
         | So, as a worried mother-to-be, you get a doctor assigned to
         | you, likely at random. If your MD is not of the same race or
         | sex as you are, then your experience is _likely_ to be less
         | positive than if they were. From what I have heard from
         | African-American women whom I am able to talk with about
         | medical care, the experience is highly likely to be a negative
         | one unless they get someone of their own race or are lucky.
         | 
         | So, having more people that are of diverse backgrounds in the
         | medical field leads to more positive outcomes for patients of
         | every race and sex.
         | 
         | Meaning that you have to get more diversity into the med
         | schools to begin with. Which means that you have to get more
         | diversity into colleges. Which means you have to get more
         | diversity into Secondary education, and in primary education.
         | Which means you have to get more diversity in pedagogical
         | training. And round we go.
         | 
         | Yes, we could solve this by untying med school from college.
         | Yes, we could open up the med schools to more than just the
         | select few we already have. Yes, we could have more nurses and
         | RNs that accompany MDs. Yes we could make medical care a single
         | payer system and try to solve this from there. Yes, there are a
         | million other ways to fix this.
         | 
         | Hopefully you begin to see what a complex mess racial issues
         | are in the US and how at each and every level, race is a
         | contributing factor that affects everyone. I haven't even come
         | close to any of the real issues here, and there are so many
         | spider webs that tie into each sub-issue. Look at this Supreme
         | Court Decision itself, the first black supreme court justice, a
         | Harvard Grad, voted to end it. Thing get really really
         | squirrely.
         | 
         | [0] I have personally experienced this with my SO during labor,
         | BTW. The attending OB-GYN, a man, remarked to me 'How can you
         | stand the screaming all the time'. I threw him out of the room.
         | No joke, this really did happen.
        
           | molsongolden wrote:
           | Differences in racial health outcomes are absolutely
           | concerning and the medical training issues you call out are
           | unacceptable.
           | 
           | However, examples like OBGYN diversity might outline a
           | slightly different aspect of race and racial issues in the
           | USA.
           | 
           | OBGYN is one of the most diverse specialties and, even with
           | more diversity, it's still going to be unlikely for an
           | African-American woman to end up with an African-American
           | female doctor (assuming emergency intake and ignoring sorting
           | done at the time of physician selection).
           | 
           | In the 2022 NRMP Match data[0], OBGYN residency applicants
           | were 86% female and 11% Black/African American(B/AA). Quick
           | and possibly unreliable skimming of recent paper abstracts
           | returned ~62% female and 11% B/AA for the current overall
           | OBGYN pool.
           | 
           | 11% of OBGYN is lower than the overall population
           | demographics in the USA but the B/AA population is still only
           | 13%.
           | 
           | The answer might be better education and training for all
           | doctors, or it might involve matching patient and doctor
           | demographics for the best patient experience, but we're never
           | going to have enough minority group doctors to make a
           | minority group patient likely to receive care from a minority
           | group doctor in a randomized setting.
           | 
           | [0] https://www.nrmp.org/wp-
           | content/uploads/2023/02/Demographic-...
        
         | onetimeusename wrote:
         | > I assume the intent is to help disadvantaged people have
         | opportunities that more priviledged people have already.
         | 
         | I don't know about this. Like about 1000 undergraduate students
         | are admitted to Harvard each year, Harvard being named in this
         | suit. Affirmative action at Harvard being necessary to help
         | anyone seems like a stretch. Is Harvard really the only way to
         | help people? It's an elite school so I think the stakes are
         | different than helping people because the applicant pool is
         | very elite already.
         | 
         | I think in reality the US is embroiled in ethnic conflict and
         | people are fighting over spots at elite schools for their
         | children and a lot of this is political. There are other
         | countries where affirmative action is used and a similar thing
         | happens. Like in India for example, the child of a billionaire
         | from the OBC designation has a much higher chance of getting
         | into IIT than the child of poor Brahmins. The OBC designation
         | has expanded over time for political reasons to form
         | coalitions, as I understand it.
         | 
         | > Would the goal suddenly not be met if poor smart white kids
         | get into good schools, too?
         | 
         | Ironically the SFFA case argued that specifically white kids
         | were being backdoored into Harvard at the expense of Asian
         | students[1]. So yes, the goal would not be met. Although I need
         | to read this case closely because the official decision
         | mentions more about Black and Latino affirmative action.
         | 
         | [1]:
         | https://en.wikipedia.org/wiki/Students_for_Fair_Admissions_v...
        
         | crooked-v wrote:
         | Racial discrimination in the US significant enough that, for
         | example, merely having a "Black" name leads to worse results
         | from job applications, regardless of other factors [1]. Merely
         | focusing on wealth levels won't counteract that kind of effect.
         | 
         | [1]:
         | https://www.businessinsider.in/policy/economy/news/distincti...
        
           | trompetenaccoun wrote:
           | Or an Asian name maybe?
           | 
           | The ruling is about college, not job applications. It's
           | actually the other way around in universities when it comes
           | to black applicants. As another non-American foreigner it's
           | bizarre to me how many "anti-racists" are shocked by a
           | constitutional court affirming that discriminating based on
           | race is unconstitutional.
        
           | treis wrote:
           | They never run these experiments right and this one looks to
           | be no different. What they choose as "Black" names are those
           | associated with lower class blacks but they do not do the
           | same with "White" names. In this case, they use names like
           | Latonya for blacks and Heather for whites. You never see them
           | use names like Cletus or Billy Bob or other names associated
           | with lower class whites.
        
             | Volundr wrote:
             | > What they choose as "Black" names are those associated
             | with lower class blacks but they do not do the same with
             | "White" names. In this case, they use names like Latonya
             | for blacks and Heather for whites.
             | 
             | Is Latonya associated with lower class the way Cletus is? I
             | honestly don't know, and I'd be surprised if most of the
             | people hiring did. What are some "black" names not
             | associated with lower class? My sneaking suspicion (without
             | evidence) is that "black" names in general are more likely
             | to be associated with lower class and to escape those
             | connotations one would have to avoid the more ethnic names,
             | but I'm open to being educated on this point.
        
               | treis wrote:
               | Traditional African/Arabic names. Jamaal, Aisha, Hakeem,
               | etc.
        
               | thworp wrote:
               | It would be quite illustrative to have had the same
               | experiment run in the late 19th/early 20th century with
               | southern Italian and Irish peasant names.
        
               | UncleMeat wrote:
               | If black-coded names are more strongly associated with
               | being lower class in spite of data demonstrating that
               | they actually have the same class distributions as white-
               | coded names then _that is racism_.
        
             | eli wrote:
             | This is incorrect.
             | 
             | The names in the NBER study were drawn from actual birth
             | certificate data correlated with race. It was not a
             | subjective choice from researchers. Latonya was used
             | because Latonya was the first name given to 4.7% of the
             | black female babies born during the study period. Just like
             | Allison was 4.7% of white female babies in the same data.
             | 
             | If you perceive common African American names as lower
             | class than equally common white names, I believe that's
             | part of what the study is trying to demonstrate and not a
             | flaw of its design.
        
               | saltcured wrote:
               | I am hesitant to wade in here. I am not asserting
               | anything about the actual study, but just observing this
               | thread.
               | 
               | You seem to be ignoring the earlier statistical complaint
               | by the other poster. They are implying a null hypothesis
               | where names signal socioeconomic status and
               | discrimination may be on that status rather than race.
               | 
               | To test for this, you cannot start with unequally
               | characterized populations (black and white) and compare
               | equally popular names from each population. You need to
               | first stratify by socioeconomic status and then draw
               | popular names from equivalent sub-populations. E.g.
               | equally popular black and white names among babies born
               | to households with lowest quintile income and high school
               | as the parents' terminal degrees; equally popular black
               | and white names among babies born to households of middle
               | quintile income and 4-year college degrees; etc.
        
               | eli wrote:
               | I don't think it's even relevant. Hiring practices that
               | are based on class discrimination but result in racial
               | discrimination can still be racist even if that isn't
               | their intent.
               | 
               | But more to the point, racial discrimination has been
               | replicated by many studies constructed in different ways.
               | A famous 1978 study found discrimination when sending
               | equivalent resumes that had a headshot of either a white
               | or black person attached. Other studies have looked at
               | including extracurricular activities that imply a certain
               | race.
        
               | hedora wrote:
               | Yes, but this sort of gotcha study is missing the fact
               | that any merit-based system will discriminate against
               | minorities that are not given a proper education.
               | 
               | Explicitly filtering by race is bad. However, if it leads
               | to the same outcome as filtering by qualifications, then
               | forcing people to switch hiring practices doesn't
               | actually improve anything.
               | 
               | The blame shouldn't be on the hiring process, but instead
               | (at least in the US) by the politicians that have set up
               | our cities and schools to be systematically racist.
               | 
               | (I still think this is a bad SCOTUS ruling, to be clear.)
        
             | UncleMeat wrote:
             | The Emily and Jamal paper explicitly accounts for this by
             | controlling for parent's education level. There's a _whole
             | section_ on this.
        
         | ZeroGravitas wrote:
         | Imagine the same argument but swap race for gender.
         | 
         | Why are you trying to get women into medicine? Just to help the
         | historically disadvantaged? Why don't you just let poor people
         | in and not care about their gender?
         | 
         | Nowadays, you could probably get away with that because
         | everyone has got over the whole "women's brains are too small
         | and their wombs too big for logical thought to even be
         | possible" idea. But when the (highly successful) affirmative
         | action for women was brought in, that was still a major part of
         | American culture that it was designed to work around.
         | 
         | Similarly with the race thing. The US fought a big civil war
         | about whether people with dark skin were livestock or people
         | and the losing side didn't actually change their mind just
         | because they lost. So they needed laws to address that.
        
           | [deleted]
        
           | influx wrote:
           | This is an interesting point, however: "As of spring 2021,
           | women made up 59.5 percent of all U.S. college students",
           | does that argue that we should have affirmative action for
           | men's admissions to college?
        
             | dahwolf wrote:
             | No, doesn't count for men. They're just broken and need to
             | "step up".
        
         | Natsu wrote:
         | I've long thought that poverty is the best way to do this,
         | because it's self-correcting. We'll probably never be truly and
         | fully equal in every way, just because random stuff happens and
         | there's only one perfectly equal state out there, but a whole
         | lot of unequal possibilities.
         | 
         | So inasmuch as any group is disadvantaged, they'll get more
         | help due to there being more of them that are poor and this
         | strategy will work to self-correct the imbalance.
        
         | VoodooJuJu wrote:
         | >Why not just.. well, let poor people come first?
         | 
         | Completely agree, but I think the dirty secret is that
         | affirmative action and its supporters have no intent to help
         | the poor, not anymore at least. Its current intended use is as
         | a weapon to wage class warfare. Create and support plebian
         | race-based factions and pit them against one another so they
         | can't fight the elites.
         | 
         | It's an archaic but convenient leftover from another time.
        
           | CrazyStat wrote:
           | > Create and support plebian race-based factions and pit them
           | against one another so they can't fight the elites.
           | 
           | So pretty much the opposite of class warfare?
           | 
           | Class warfare would be warfare between classes. What you're
           | describing is racial warfare intentionally engineered to
           | avoid class warfare.
        
         | mcpackieh wrote:
         | > _I 've come understand it to mean "positively discriminate
         | based on race, so long as it's a minority race" - please
         | correct me of I'm wrong._
         | 
         | More or less, but not precisely. How do you define a "minority
         | race"? Universities in America discriminate _against_ Asian
         | Americans despite them being a minority of the American
         | population generally, ostensibly because they 're over-
         | represented in universities.
        
           | chimeracoder wrote:
           | [flagged]
        
             | VirusNewbie wrote:
             | [flagged]
        
             | mcpackieh wrote:
             | > _it 's been debunked countless times_
             | 
             | Change my mind then, and debunk it. Refuting isn't
             | debunking.
        
             | goatlover wrote:
             | Claiming it's a myth and has been debunked is not the same
             | thing as actually debunking.
        
               | prepend wrote:
               | [flagged]
        
               | Supermancho wrote:
               | Making someone else do a simple google search, because
               | you simply want to reply "nuh uh" is uncharitable.
               | 
               | https://cew.georgetown.edu/cew-reports/selectivebias/
               | 
               | https://www.city-journal.org/article/college-admissions-
               | bias...
               | 
               | As I understand it, there was some evidence: Asians
               | applications were being suppressed, due to volume to
               | maintain...a more diverse student body (or maybe just
               | every elite school was racist?). https://www.forbes.com/s
               | ites/christopherrim/2023/02/27/what-...
        
             | JamesBarney wrote:
             | [flagged]
        
               | chimeracoder wrote:
               | [flagged]
        
               | prepend wrote:
               | [flagged]
        
               | mrguyorama wrote:
               | [flagged]
        
               | prepend wrote:
               | [flagged]
        
         | cogman10 wrote:
         | > Why not just.. well, let poor people come first?
         | 
         | Mostly it was a justice thing. The US spent decades
         | disadvantaging people based on race and this was a step to try
         | and reverse some of that.
         | 
         | I agree that changing it from race to economic class is
         | probably the right move at this point.
         | 
         | That being said, I don't like that the SC is legislating from
         | the bench. They are striking this down for purely political
         | reasons.
        
           | thereisnospork wrote:
           | > They are striking this down for purely political reasons.
           | 
           | On its face affirmative action is pretty blatantly a
           | violation of the 14th amendment:
           | 
           | Which to a trivial reading would come out as 'All persons
           | [black, white, rainbow] shall have equal rights to attend
           | [state funded school], and as such a right to a fair and
           | impartial admissions process'.
           | 
           | Affirmative action adds the clause: "except those whose skin
           | color we do not like today, those shall have to score higher
           | on tests. Those whose skin color we do like today, those
           | shall not have to score as high. Those whose skin color we do
           | not care about can score the same as before."
        
             | djur wrote:
             | I don't think it's accurate to say that affirmative action
             | programs are driven by racial animus. What's your evidence
             | for saying so?
        
             | cogman10 wrote:
             | No, it isn't. From a strict textual reading, the 14th says
             | 
             | > No State shall make or enforce any law which shall
             | abridge the privileges or immunities of citizens of the
             | United States; nor shall any State deprive any person of
             | life, liberty, or property, without due process of law; nor
             | deny to any person within its jurisdiction the equal
             | protection of the laws.
             | 
             | Admittance to a school is not a deprivation of life,
             | liberty, or property. Nor is this "equal protection of the
             | laws".
             | 
             | Where in the 14th does it say anything about school
             | attendance? When did school attendance become a right?
             | Which amendment does that come from?
             | 
             | Seems like a pretty liberal reading of the 14th to come to
             | the conclusion that prestigious school attendance is
             | somehow a right for white people.
             | 
             | Oh, and this ruling also said that "private schools are
             | allow to discriminate on race if they so choose, this only
             | strikes down the federal law tailored to roll back
             | institutional racism."
             | 
             | But hey, if you want to make the argument that higher
             | education should be a right funded by the public I probably
             | could get behind that. I just don't think there's
             | constitutional or historical backing for that conclusion.
        
               | nyolfen wrote:
               | what about admittance to a restaurant?
        
               | cogman10 wrote:
               | Easy, the civil rights act is great.
               | 
               | The supreme court is picking and choosing how they want
               | to follow their textualism/originalism (as are the
               | defenders of this opinion). There's no originalist
               | argument for striking down AA. That makes them political
               | activists (my original claim).
               | 
               | But if you want my personal opinion on AA, it's that it's
               | a net good even though it's not perfect. We do need to
               | deal with the fact that PoC have been discriminated
               | against and that discrimination shows itself in
               | generational poverty.
               | 
               | There is a mountain [1] of evidence that poverty has
               | detrimental effects on education. We've spent decades
               | forcing black people into poverty through red lining,
               | racist loans, and even firebombing them when they became
               | too prosperous [2]. So, of course, the offspring of these
               | actions are going to have a much harder time succeeding.
               | 
               | Black americans have had higher rights of poverty for as
               | long as we've tracked that statistic [3].
               | 
               | So should we "discriminate" against white people by
               | making it easier for PoC to get admitted? Absolutely. The
               | racism of the past has ripple effects that still haven't
               | been fully addressed.
               | 
               | Now, to be frank, I'd rather that discrimination be based
               | on income. Which would STILL result in black people
               | getting a leg up (see poverty stats). But, you can't just
               | say "well let's just be color blind now" and think
               | everything is hunky dory.
               | 
               | I also support government reparations. Which could also
               | be argued to be "discriminatory" since they'd primarily
               | go to black people. Well, guess what, we discriminated
               | based on race. The only way to heal that is helping the
               | race that was discriminated against.
               | 
               | [1] https://scholar.google.com/scholar?hl=en&as_sdt=0%2C3
               | 8&q=pov...
               | 
               | [2] https://www.neh.gov/article/1921-tulsa-massacre
               | 
               | [3]
               | https://www.census.gov/library/stories/2020/09/poverty-
               | rates...
        
               | [deleted]
        
               | nyolfen wrote:
               | > Easy, the civil rights act is great.
               | 
               | okay, what constitutional basis does the civil rights act
               | have to protect you from discrimination by a restaurant
               | that should not apply to a university?
        
               | cogman10 wrote:
               | > Whenever the Attorney General receives a complaint in
               | writing signed by an individual to the effect that he is
               | being deprived of or threatened with the loss of his
               | right to the equal protection of the laws, on account of
               | his race, color, religion, or national origin, by being
               | denied equal utilization of any public facility which is
               | owned, operated, or managed by or on behalf of any State
               | or subdivision thereof, other than a public school or
               | public college as defined in section 401 of title IV
               | hereof, and the Attorney General believes the complaint
               | is meritorious and certifies that the signer or signers
               | of such complaint are unable, in his judgment, to
               | initiate and maintain appropriate legal proceedings for
               | relief and that the institution of an action will
               | materially further the orderly progress of desegregation
               | in public facilities, the Attorney General is authorized
               | to institute for or in the name of the United States a
               | civil action in any appropriate district court of the
               | United States against such parties and for such relief as
               | may be appropriate, and such court shall have and shall
               | exercise jurisdiction of proceedings instituted pursuant
               | to this section. The Attorney General may implead as
               | defendants such additional parties as are or become
               | necessary to the grant of effective relief hereunder.
               | 
               | Did you know that private schools can discriminate based
               | on race today (In fact, this SC opinion reaffirms that)?
               | The civil rights act explicitly only applied to public
               | schools, not private ones.
               | 
               | What prevents the civil rights act from applying to a
               | (private) university? The text of the bill. Could it?
               | Yeah, if we amended it. Should it? Yup, we should push
               | for that.
               | 
               | What gives the civil rights act its power? 9th amendment,
               | 14th amendment, and article 1 of the constitution.
        
               | nyolfen wrote:
               | it applies to schools that receive public funding, like
               | harvard
        
               | thereisnospork wrote:
               | >Where in the 14th does it say anything about school
               | attendance? When did school attendance become a right?
               | Which amendment does that come from?
               | 
               | Brown v. Board of Ed, to start, seems to pretty clearly
               | dictate that public schools may not discriminate on the
               | basis of race because it is a violation of the 14th
               | amendment. What is affirmative action if not a
               | discrimination based on the color of one's skin?
               | 
               | > When did school attendance become a right?
               | 
               | I don't really feel like in 2023 I should have to be
               | arguing that the right to attend a public school
               | shouldn't be conditioned on a pupil's race or ethnicity.
        
               | cogman10 wrote:
               | > public schools may not discriminate on the basis of
               | race
               | 
               | Harvard is NOT a public school! It is a private
               | institution which receives public funds. Huge difference
               | but I guess that's not something you want to consider.
               | 
               | Nobody has the right to attend Harvard. They must
               | discriminate based on something. (see: their legacy
               | admission system which accounts for half of all their
               | admissions. Which is fundamentally racist because, guess
               | what color of skin harvard legacy admissions
               | predominantly have?)
               | 
               | > I don't really feel like in 2023 I should have to be
               | arguing that the right to attend a public school
               | shouldn't be conditioned on a pupil's race or ethnicity.
               | 
               | Again, Harvard is NOT a public school. Affirmative action
               | was conditions for receiving public funds. But if you are
               | really mad at harvard for not letting in more deserving
               | students maybe redirect that hate towards the legacy
               | admissions which almost certainly pushed out well
               | deserving students.
        
               | remarkEon wrote:
               | > Harvard is NOT a public school! It is a private
               | institution which receives public funds. Huge difference
               | but I guess that's not something you want to consider.
               | 
               | That's okay, because CJ Roberts did consider it.
               | 
               | > Title VI provides that "[n]o person in the United
               | States shall, on the ground of race, color, or national
               | origin, be excluded from participation in, be denied the
               | benefits of, or be subjected to discrimination under any
               | program or activity receiving Federal financial
               | assistance." 12 U.S. C.SS2000d. "We have explained that
               | discrimination that violates the Equal Protection Clause
               | of the Fourteenth Amendment committed by an institution
               | that accepts federal funds also constitutes a violation
               | of Title VI." Gratz v. Bollinger, 539 U. S. 244, 276, n.
               | 23 (2003). Although JUSTICE GORSUCH questions that
               | proposition, no party asks us to reconsider it. We
               | accordingly evaluate Harvard's admissions program under
               | the standards of the Equal Protection Clause itself.
        
               | rendang wrote:
               | I'm not a legal expert and was wondering about the same
               | question. Does the reasoning imply then that if Harvard
               | wanted to forgo Pell Grants and other public funding a la
               | Bob Jones University back in the day, they'd be permitted
               | to practice AA?
        
               | remarkEon wrote:
               | I am not a lawyer but my understanding is it just means
               | that as long as they do, they are evaluated as a public
               | institution for the purposes of interpreting compliance
               | with the Fourteen Amendment. I don't know if it would be
               | permissible to do explicit racial discrimination and call
               | it AA, and then say "well we don't take federal funding
               | anymore so we're good". Interesting thought experiment,
               | however.
        
         | firstlink wrote:
         | It's telling that not a single reply to your comment actually
         | engages with the question about poor smart white kids. The
         | answer is simple: poor white kids are the outgroup, and
         | "mainstream" American society would like them to kindly go
         | away. They aren't wanted. Society has no use for them.
        
         | [deleted]
        
         | aylmao wrote:
         | It's worth thinking about this beyond the money-- what values
         | does the USA and its people want to stand for? Affirmative
         | action can be viewed as an obstacle to individualism and self-
         | determination, but as a boost to multiculturalism and
         | tolerance.
         | 
         | Specifically in the context of education, do we want to think
         | of universities as institutions that help people earn more
         | money and affirmative action as the university deciding who
         | _will_ earn more money, or do we want to think of universities
         | as institutions formative of the American zeitgeist, and
         | affirmative action as the university ensuring the zeitgeist
         | involves said multiculturalism and tolerance?
         | 
         | My experience, as a foreigner who went to a university in the
         | USA, is that the cost of college leads a lot of students to
         | think of universities as the former-- one can't really blame
         | them. Another thing I noticed, and this might be cultural, is
         | that at my university I saw a lot of fear of mediocrity and a
         | very clear idea in students of what their "path path success"
         | was. I came in quite lost and undecided, thinking of college as
         | a place to explore, take different classes, figure what I want
         | to study and what I want to do with my life as I go. Some of my
         | peers seemed to think as college as a step in a grander plan,
         | and were doing internships freshman summer already aiming for a
         | specific job at a specific company after graduation.
         | 
         | For people in that mentality it's not hard to see why
         | affirmative action very much matters, and why they might think
         | of it with so much disdain.
        
           | calf wrote:
           | Norm Finkelstein recently said the careerist trajectory of
           | college education (in America, but probably everywhere
           | really) has been steadily going on for over half a century,
           | and it really is a loss for cultivating an freethinking
           | public commons.
        
         | jldugger wrote:
         | > But then why the entire detour with race? Why not just..
         | well, let poor people come first?
         | 
         | Because the state apparatus systematically oppressed people by
         | race. If poor smart white kids succeed but smart black kids do
         | not, this is a failure of the policy goal to repair the harms
         | to black families, and black communities.
        
         | dudul wrote:
         | European naturalized American here and yes I do agree with you.
         | In the few EU countries where I lived before settling in the US
         | it would be _unthinkable_ to include race in these policies.
         | Just help poor people and that 's it.
         | 
         | I'll put on my tin foil hat here, but I genuinely believe that
         | "race" (and now "gender") is being weaponized by the American
         | elites/politicians to form nice clear camps/teams for voters.
         | People _need_ to focus on race otherwise they would start to
         | pay attention to the _enormous_ social /financial disparity
         | between the top and the bottom of the pyramid. And we _really_
         | do not want that.
        
           | MisterBastahrd wrote:
           | Europeans don't really have much of a right to comment on
           | this issue, especially given their own attitudes towards
           | race. The sheer levels of racial hostility in most of your
           | collective political discourse would make the far-right in
           | the US blush.
        
             | dudul wrote:
             | Good move not providing any example, probably much simpler
             | to lump 30-ish different countries all together that way.
        
               | MisterBastahrd wrote:
               | Yeah, I'm sure that Googling for racism in Europe doesn't
               | pull up any relevant stories for you to educate yourself
               | with.
        
           | scohesc wrote:
           | I've heard people make references to the Occupy Wall Street
           | protests a decade+ back being the catalyst for corporations
           | and governments to start using "diversity" as a wedge issue
           | to distract and divide people into groups to keep people from
           | organizing. (Further down the conspiracy rabbit-hole, the CIA
           | has been known to work with entertainment and critical
           | industries to push opinions and ideas to sway the populace)
           | 
           | It really does feel like people weren't at each others
           | throats as much 10 years ago as they seem to be now. It's
           | almost like it's being used as a wedge to divide and distract
           | from more important issues.
        
             | mrguyorama wrote:
             | Or maybe you just weren't as aware of the problems black
             | people face in america? The amount of times my conservative
             | family members tell me "Such and such wasn't a problem when
             | I was a kid" while completely ignoring the problems proves
             | it isn't a genuine concern.
        
             | TurkishPoptart wrote:
             | That's because it is.
        
               | trompetenaccoun wrote:
               | But the identity and diversity stuff was a thing long
               | before that time.
               | 
               | Don't get me wrong, politicians and elites are absolutely
               | using identity to play the populace against each other.
               | But this is less part of a grand conspiracy and more the
               | oldest trick in the book of politics, there's evidence of
               | it going back all the way to classic antiquity.
        
           | dahwolf wrote:
           | Finally somebody who gets it.
           | 
           | The poor black urbanite and poor white trumpist are arch
           | enemies but should be close allies.
           | 
           | The world is governed by international capitalist classism.
           | It gives no shit about race or gender. It just cares about
           | having lots of disposables that have few options. There being
           | more disposables in a particular race is a historical
           | artifact, not a goal in itself.
           | 
           | Likewise, you could diversify the captains of industry but
           | the system remains exactly the same. Because it isn't
           | governed by race.
        
         | frankfrankfrank wrote:
         | I cannot go into the actual reasons for automatic action here
         | because it is heresy against the church, so to say. But let me
         | put it this way, it makes no sense and is insane, because it is
         | of course not logical or sane, regardless of the various
         | excuses and irrational mental knots America has been twisted
         | and abused into in orders to support it.
        
         | nameless_prole wrote:
         | [dead]
        
         | kevin_thibedeau wrote:
         | One issue is it isn't applied fairly. I know a Chinese-American
         | who inquired into AA and was turned away because he wasn't a
         | "traditionally disenfranchised" minority.
        
         | [deleted]
        
         | whinenot wrote:
         | Because the US has systematically disenfranchised ethnic
         | minorities over the course of its history. Any time there was a
         | non-white person or community that was starting to become
         | prosperous, the power of the state could be used to crush them.
         | At times it was overtly murderous[0], but as that became
         | unfashionable, it was relegated to more subtle methods. Some of
         | the most blatant examples include:
         | 
         | - Want an interstate in your city? Run it through a black or
         | brown neighborhood.[1]
         | 
         | - Want a stadium? Build it in a black or brown neighborhood.[2]
         | 
         | - Black folks got a nice property? Just take it from them.[3]
         | 
         | [0]https://en.wikipedia.org/wiki/Tulsa_race_massacre
         | [1]https://www.npr.org/2021/04/07/984784455/a-brief-history-
         | of-... [2]https://americanhistory.si.edu/pleibol/game-
         | changers/big-lea... [3]https://www.theguardian.com/us-
         | news/2021/oct/01/bruces-beach...
        
           | dionidium wrote:
           | > _- Want an interstate in your city? Run it through a black
           | or brown neighborhood.[1]_
           | 
           | A lot these debates really come down to just how impressed
           | one is by arguments like this. It so happens that an
           | Interstate was built through the neighborhood my entire
           | family occupied in St. Louis in the 1950s. Some of them were
           | "displaced." I can't for the life of me figure out how this
           | is supposed to be relevant to my life today. I'd wager that
           | I'm the only one of my cousins to even know about it, since
           | I'm interested in local history and bugged my grandparents
           | about this stuff before they died.
           | 
           | It just doesn't amount to anything. My family members had a
           | trillion decisions to make -- big and small -- both before
           | and after that singular event and the sum of those decisions
           | had a much bigger impact on familial wealth -- note: there
           | was none -- than that one time in the 1950s they were forced
           | to move.
        
             | whinenot wrote:
             | If that interstate was never routed through that
             | neighborhood, would members of your family be financially
             | better off today? A fully paid off house unlocks _a lot_ of
             | financial freedom for the current occupants and potentially
             | generational wealth for future family members.
        
               | gmarx wrote:
               | This is a new argument in the past few years and it
               | doesn't make sense. You do not need a parent with a paid
               | off house to go to college and be successful. I didn't
               | have that and I don't know many people who did. My
               | friends whose parents have paid off houses now did not
               | have them back when the kids were going to college and
               | how would that have helped anyway? Home equity loan
               | instead of student loan? How often is that choice made?
               | There are some rich families who manage to pass wealth on
               | generation after generation but it's rare in my
               | experience and not needed to succeed
        
             | animal_spirits wrote:
             | The one thing I can think about is that it is much harder
             | to maintain a strong and healthy community if your
             | community is divided by an interstate.
        
               | dionidium wrote:
               | [flagged]
        
               | whinenot wrote:
               | I personally avoid living near interstates. The noise,
               | the pollution & the walkability around them generally
               | suck. YMMV.
        
               | animal_spirits wrote:
               | Do you believe that people who can not afford a car can
               | have the same long-distance family+friend support that
               | you had? Do you think that your situation applies to
               | everyone?
        
             | [deleted]
        
           | stu2b50 wrote:
           | Then it should be explicitly a penalty to white people, no?
           | This is the same country that passed a law called the
           | "Chinese Exclusion Act".
        
         | kneebonian wrote:
         | > Why not just.. well, let poor people come first? Would the
         | goal suddenly not be met if poor smart white kids get into good
         | schools, too?
         | 
         | This is what I will never understand, why don't we focus on
         | just helping the poor instead of based on race. If people of a
         | certain race are proportionally more poor than people of
         | another race than they will be helped more and it helps out the
         | people of a specific race.
         | 
         | However in my more conpsiracy minded moments I can't help but
         | wonder if the focus on race is designed to keep the power and
         | the middle class fighting each other over things like that
         | rather than fighting against the people that have the power.
         | 
         | But seriously why can't we just focus our help and aid around
         | people who are poor and needs based rather than all this
         | faffing about with race?
         | 
         | EDIT: Well the votes on this comment are going up and down
         | faster than an "Essex birds drawers" as the BOFH would say.
        
           | postmodest wrote:
           | Let's imagine a hypothetical America, where we remove the
           | economic aspect. Let's imagine that every household in
           | america pulls in $250k/year and prices are uniform for every
           | household across the nation. No one is poor. Everyone goes to
           | the same excellent free schools where the teachers also make
           | $250k/year. We've removed economics as a variable. Everyone
           | is equally educated and equally rich.
           | 
           | But let's leave one variable in: America is exactly as racist
           | as America is currently. Ethnic backgrounds and cultures
           | still exist, and there are enough white assholes in
           | "gatekeeping" roles to affect the distribution of people who
           | pass their gates. This is a fact that is a true thing that
           | already exists in America; we're not ADDING it to the model,
           | we've just left it in as the only thing we want to measure.
           | 
           | Structurally, as a society, you want the distribution of
           | people who pass through higher education into roles like
           | "Doctors" and "Lawyers" and eventually "Politicians" to
           | broadly match the distribution of cultures that comprise the
           | society as a whole. Otherwise you create an apartheid state,
           | and an angry under-class that threatens the stability of the
           | system. This is an axiom so simple that even Lyndon Johnson
           | understood it.
           | 
           | So in our Model America, you need to have a law that says
           | "yeah we know that everyone is the same, but because a degree
           | from [Prestigious University] has a ripple effect that
           | affects society as a whole, we want to make sure that
           | graduating classes have at least the CHANCE of reflecting the
           | cultural diversity of the nation as a whole, so we need to
           | have a law that prevents Bad Actors in Admissions from just
           | saying 'Oh, we already let in all the white people in line,
           | wink wink wink, sorry, maybe next year'"
           | 
           | That's the reason you might still want quotas. And given the
           | distribution of test scores because everyone ISN'T identical
           | frictionless spheres, you might want to add a weight to
           | minority test scores to float them overall, so they get in.
           | 
           | And yeah, that might not seem fair if you're in the majority;
           | or if you're in the minority whose test scores are highest,
           | but there's a clear and self-evident purpose to those kinds
           | of weightings. Life's not fair, but it should be equitable,
           | overall.
        
           | zpeti wrote:
           | Because divide and rule works way better in America based on
           | race and not class...
           | 
           | It's intentional. These political footballs are half real,
           | half tactics.
        
           | MockObject wrote:
           | > However in my more conpsiracy minded moments I can't help
           | but wonder if the focus on race is designed to keep the power
           | and the middle class fighting each other over things like
           | that rather than fighting against the people that have the
           | power.
           | 
           | But is there really any better explanation?
        
             | jeltz wrote:
             | An alternative one: A culture which has a history of
             | structural racism due to slavery which therefore still
             | thinks about many topics through the lens of race despite
             | it often not being the best suite lens.
        
           | swagasaurus-rex wrote:
           | Dr. Martin Luther King said he dreams that one day his
           | children will be judged not by the color of their skin, but
           | by the content of their character.
           | 
           | Here we are 60 years later still focused on the color of
           | people's skin.
        
             | sotorfl wrote:
             | William J. Bennett's Aug. 12 commentary is the latest
             | example of a recent trend in conservative public relations
             | --opponents of affirmative action claiming to be the heirs
             | of Martin Luther King Jr. They invoke the sentence from
             | King's 1963 speech looking forward to the day his children
             | would be judged by "the content of their character," not
             | the "color of their skin."
             | 
             | Bennett conveniently ignores one fact--King was a strong
             | supporter of affirmative action. In "Why We Can't Wait,"
             | published in 1963, he argued that given the long history of
             | American racism, blacks fully deserved "special,
             | compensatory measures" in jobs, education and other realms.
             | Four years later, in "Where Do We Go From Here?" he wrote:
             | "A society that has done something special against the
             | Negro for hundreds of years must now do something special
             | for him."
             | 
             | You are incorrect about MLKs assessment. From the LA Times.
        
             | zapataband1 wrote:
             | Bennett conveniently ignores one fact--King was a strong
             | supporter of affirmative action. In "Why We Can't Wait,"
             | published in 1963, he argued that given the long history of
             | American racism, blacks fully deserved "special,
             | compensatory measures" in jobs, education and other realms.
             | Four years later, in "Where Do We Go From Here?" he wrote:
             | "A society that has done something special against the
             | Negro for hundreds of years must now do something special
             | for him."
        
             | Timon3 wrote:
             | Do you think that Dr. King would argue that, aside from
             | affirmative action, we live in such a world today?
        
               | JKCalhoun wrote:
               | Yeah, arguing with my dad some time back he says,
               | "Minorities have unfair rights over whites: affirmative
               | action."
               | 
               | "Name another," was my response.
        
               | ahtihn wrote:
               | Name a single unfair right that whites have over others,
               | today?
        
               | panarchy wrote:
               | They might not be law enshrined rights but...
               | 
               | More peaceful police interactions?
               | 
               | Fewer police interactions (for the same initial
               | conditions other than race)?
               | 
               | Better housing options?
               | 
               | Better renting options?
               | 
               | Biased voting districts from gerrymandering?
               | 
               | Better healthcare outcomes?
               | 
               | Better employment opportunities?
               | 
               | Greater upwards mobility in general?
               | 
               | Greater social outcomes?
               | 
               | Greater chances of being taken seriously?
               | 
               | Better cultural representation?
        
               | swagasaurus-rex wrote:
               | These are all statistical measures. For any one
               | individual may not see the benefits of these privileges.
               | Grouping everybody into their race and statistics will
               | tell you there is variation. That's unavoidable.
               | 
               | There are thousands of homeless white men in my city.
               | Maybe police interactions might be calmer for them, but
               | what does it matter for somebody whose life is sliding
               | downhill often by their own addictions?
               | 
               | This is why the focus on race seems like such a
               | distraction to me. We could be helping the poor when
               | we're still too busy discussing race and ethnicity.
        
               | Timon3 wrote:
               | > These are all statistical measures. For any one
               | individual may not see the benefits of these privileges.
               | Grouping everybody into their race and statistics will
               | tell you there is variation. That's unavoidable.
               | 
               | Some variation is unavoidable, but statistically
               | significant variation isn't! Why should people in those
               | underpriviledged groups accept a society which gives them
               | fewer chances?
               | 
               | > There are thousands of homeless white men in my city.
               | Maybe police interactions might be calmer for them, but
               | what does it matter for somebody whose life is sliding
               | downhill often by their own addictions?
               | 
               | Yes, it does matter? If police interactions are calmer
               | and you live longer, you have more chances to turn your
               | life around. We as a society have more chances to help
               | them.
               | 
               | > This is why the focus on race seems like such a
               | distraction to me. We could be helping the poor when
               | we're still too busy discussing race and ethnicity.
               | 
               | We should help the poor, _and_ we should work to remove
               | disparities between races and ethnicities. Why are those
               | things opposed in your mind?
        
               | swagasaurus-rex wrote:
               | 1) Many people of that race may be independently wealthy
               | and do not need help. Grouping people by race is a bad
               | measure of "need"
               | 
               | 2) I haven't heard realistic plans for actually helping
               | people of a specific race. Helping poor people seems
               | achievable, helping black people sounds presumptuous.
               | 
               | 3) Race itself is a nebulous grouping with many edge
               | cases.
               | 
               | 4) You could easily find other ways to group people to
               | locate "disadvantage". Religion is an easy one, but
               | affirmative action based of religion sounds quite
               | discriminatory.
               | 
               | 5) The focus on race is actually just racist. People's
               | difficulty of life is not measured by privilege but by
               | actual experiences.
        
               | Timon3 wrote:
               | > 1) Many people of that race may be independently
               | wealthy and do not need help. Grouping people by race is
               | a bad measure of "need"
               | 
               | But people are being treated badly due to their race. Why
               | can't we use race as one criterium to decide who needs
               | help? Why do we have to pretend that racism isn't a real
               | social thing that affects peoples lives?
               | 
               | > 2) I haven't heard realistic plans for actually helping
               | people of a specific race. Helping poor people seems
               | achievable, helping black people sounds presumptuous.
               | 
               | Well, if you define these plans as unrealistic you're not
               | going to find realistic plans. But affirmative action for
               | example is a very realistic plan - so much so that it is
               | (or was) reality!
               | 
               | > 3) Race itself is a nebulous grouping with many edge
               | cases.
               | 
               | Sure, but people are being treated badly due to those
               | nebulous groupings with many edge cases. Why do we have
               | to ignore that?
               | 
               | > 4) You could easily find other ways to group people to
               | locate "disadvantage". Religion is an easy one, but
               | affirmative action based of religion sounds quite
               | discriminatory.
               | 
               | Do you have statistics showing that a similarly
               | statistically significant difference exists between
               | different religions?
               | 
               | > 5) The focus on race is actually just racist. People's
               | difficulty of life is not measured by privilege but by
               | actual experiences.
               | 
               | "The people who identify racism are the real racists!"
               | isn't as good of an argument as you think. People have
               | different experiences due to their race. Attempting to
               | find ways to curb that isn't "racist", it's "normal
               | social behavior".
        
               | swagasaurus-rex wrote:
               | > But people are being treated badly due to their race
               | 
               | Unfortunately, I do not think you can force racists to
               | stop being racist. Bigotry is perfectly legal.
               | 
               | > affirmative action for example is a very realistic plan
               | 
               | It's also kinda racist.
               | 
               | > people are being treated badly due to those nebulous
               | groupings
               | 
               | This is one of the valid reasons to discuss race.
               | However, I do not see why this means people need "help".
               | What kind of help? How are you going to help? I still
               | have no answers.
        
               | Timon3 wrote:
               | > Unfortunately, I do not think you can force racists to
               | stop being racist. Bigotry is perfectly legal.
               | 
               | Why should the affected groups, or society at large,
               | accept this? Why shouldn't we band together to try to
               | make things fair in light of this fact?
               | 
               | > It's also kinda racist.
               | 
               | Can you explain why? You cited MLK Jr. earlier. He didn't
               | think that AA is racist. Where do you disagree with his
               | position?
               | 
               | > This is one of the valid reasons to discuss race.
               | However, I do not see why this means people need "help".
               | What kind of help? How are you going to help? I still
               | have no answers.
               | 
               | No, you've gotten answers, you just don't like them. I've
               | explained pretty clearly why this means people need
               | "help", what kind of help and so on.
        
               | MockObject wrote:
               | > Why should the affected groups, or society at large,
               | accept this? Why shouldn't we band together to try to
               | make things fair in light of this fact?
               | 
               | That's exactly what the court just did. It prevented
               | universities from being racist.
        
               | Timon3 wrote:
               | I'm trying to take your reply in good faith, but I'm
               | really not understanding. Can you walk me through your
               | thought process? The earlier discussion was:
               | 
               | >>> But people are being treated badly due to their race
               | 
               | >> Unfortunately, I do not think you can force racists to
               | stop being racist. Bigotry is perfectly legal.
               | 
               | > Why should the affected groups, or society at large,
               | accept this? Why shouldn't we band together to try to
               | make things fair in light of this fact?
               | 
               | So the court helped black people in regards to the
               | bigotry of racists by "preventing universities from being
               | racist". Your solution to racism is to treat everyone
               | equally - which in turn means that black people just have
               | to accept the bigotry of racists. So your solution is for
               | them to just suck it up. Am I understanding you
               | correctly?
        
               | Volundr wrote:
               | > We could be helping the poor when we're still too busy
               | discussing race and ethnicity.
               | 
               | Why not both? I expect you'd find the cross-section of
               | people who want to, say, give black people better medical
               | outcomes, and those who support helping the homeless and
               | poor is quite large.
               | 
               | I feel like "what about the poor" reliability shows up
               | when discussing helping brown people, but as soon as
               | something is designed to help the poor the same
               | politicians show up to condem it as entitlements or
               | socialism.
               | 
               | I've seen no evidence to suggest that anyone trying to
               | better minority outcomes has ever actually distracted
               | from implementing programs to help the poor.
        
               | swagasaurus-rex wrote:
               | What do you think should be done to help underprivileged
               | races?
               | 
               | The focus on race breeds inaction because we insist
               | something must be done before we have any idea how to
               | solve it.
               | 
               | Focusing on minorities isn't helpful either because
               | minorities includes demographics that are doing quite
               | well.
        
               | Volundr wrote:
               | Well for example we already discussed that black people
               | have worse health outcomes, we could perhaps study why
               | that is and focus on fixing those things, ex through
               | outreach programs.
               | 
               | Assume we can fix poverty entirely. We already live in a
               | world where, accounting for income, black people have
               | worse health outcomes than whites. Why do you assume
               | helping poor people will fix that? Wouldn't it be more
               | reasonable to assume we'd now love in a world where no
               | one is poor , and black people still are underserved by
               | our healthcare system? How do you propose fixing it if we
               | can't acknowledge the racial disparities?
               | 
               | > The focus on race breeds inaction because we insist
               | something must be done before we have any idea how to
               | solve it.
               | 
               | Bull. We aren't unable to implement programs help the
               | poor because people dare mention race. Plenty of people
               | are trying to push for programs to help the poor
               | regardless of race. It's not the people who acknowledge
               | that black people are more likely to be poor standing in
               | the way.
        
               | swagasaurus-rex wrote:
               | > study why that is and focus on fixing those things, ex
               | through outreach programs.
               | 
               | This isn't a solution, it's passing the buck along.
        
               | Volundr wrote:
               | Outreach programs can't be part of the solution? Why not?
               | The suggestion was based on studies that found a high
               | amount of distrust of the medical system.
        
               | djur wrote:
               | Representation in the Senate.
        
               | Volundr wrote:
               | None. Non-whites have plenty of unfair disadvantages
               | however.
        
               | charlieyu1 wrote:
               | Let's fix the unfair stuff instead of introducing more
               | unfair stuff then
        
               | hackeraccount wrote:
               | Do you think being an African American hurt Barak Obama's
               | chance to be the Democratic nominee for President? Or to
               | be elected President?
               | 
               | To answer my own question - it's complicated; it did hurt
               | him in some regards but it helped him too. There were a
               | lot of people in the primary and general election who
               | wanted to know they weren't prejudiced and voted for him
               | at least in part for that reason.
               | 
               | This wasn't legal affirmative action. It was something
               | else. I don't know if I'd call it an "unfair right" but
               | for the right person in the right circumstance it can be
               | an advantage. Does it out weigh all the disadvantages?
               | Probably not.
        
               | [deleted]
        
               | Der_Einzige wrote:
               | I can name several more
               | 
               | 1. Communal cultures and stronger family structures.
               | White Americans are insanely atomized and individualistic
               | and that is a serious issue
               | 
               | 2. Birthrates/Fertility
               | 
               | 3. Far better food/cooking and eating
               | 
               | 4. Cultural control, especially in music and to a lesser
               | extent in sports.
               | 
               | 5. In the case of certain immigrant groups, significantly
               | higher family wealth than the average white american
               | 
               | 6. In the case of some ethnic groups, significantly
               | better physical prowess (it's a handful of tribes where
               | many of the best runners come from)
               | 
               | Obviously these are not all that significant compared to
               | the disadvantages, but the idea that there are no other
               | "unfair advantages" is just wrong.
        
               | kacesensitive wrote:
               | 1. Not a right 2. Not a right 3. Not a right 4. Not a
               | right 5. Not a right 6. Holy shit not a right
        
               | [deleted]
        
               | sotorfl wrote:
               | [dead]
        
           | panarchy wrote:
           | https://indypendent.org/2015/01/the-white-race-was-
           | invented-...
           | 
           | https://www.theguardian.com/news/2021/apr/20/the-
           | invention-o...
           | 
           | I also seem to recall a factory or trade uprising/strike
           | in/around Europe between 1400-1700 where they basically made
           | up whiteness to divide the laborers and get them to argue
           | amongst themselves (successfully), but this may be apocryphal
           | as I cannot seem to find a source.
        
             | sornaensis wrote:
             | Really, people had to be told that people with white(r)
             | skin, are similar..?
             | 
             | How stupid do these people think 'everyone else' is. This
             | is the most absurd thing I've read all day.
             | 
             | Humans, who divide themselves along such lines as _what tv
             | shows they like_, had to have the concept of _skin colour_
             | invented for them. Really think about how ridiculous this
             | assertion is.
        
               | MockObject wrote:
               | People naturally mix. They work together, worship
               | together, and marry each other, unless this natural
               | mixing is opposed by external forces.
        
               | panarchy wrote:
               | It wasn't that they just said that they looked different
               | obviously, what a ridiculous assertion . They seeded
               | talking points of racial supremacy amongst them to divide
               | them when before they saw themselves more unified as
               | workers with their race not having inherent merit.
        
           | maxsilver wrote:
           | > But seriously why can't we just focus our help and aid
           | around people who are poor and needs based rather than all
           | this faffing about with race? (snip) If people of a certain
           | race are proportionally more poor than people of another race
           | than they will be helped more and it helps out the people of
           | a specific race.
           | 
           | Because that assumes "poor people" get "help" in a uniformly
           | fair and anti-racist way, and that's never really true in the
           | US today.
           | 
           | If you help "all people" with "no regard" to race, you have
           | just participated in favoring white folks over all others,
           | even though you likely don't realize it. The systems by which
           | you choose to "help" all have various types of racism built-
           | in, and you will have racist results as output, even if you
           | yourself never directly try to commit such an act. (This is
           | what systemic racism _is_ , sometimes called
           | 'institutionalized racism'
           | https://en.wikipedia.org/wiki/Institutional_racism )
           | 
           | Affirmative Action, while not perfect, is one of the few
           | things ever tried that actually accounts for this. It's
           | saying, "you can't be more racist than X" where X is some
           | kind of objective metric (say, "percent of enrollment by
           | race"), and it does not care which of the thousands of people
           | or systems involved are causing the issue, it attempts to
           | force-corrects for it.
           | 
           | It is an emergency stop-gap, until such a future as that
           | result is already happening naturally, making it redundant.
           | The fact that we still depend on it ~60+ yrs later, is sort
           | of living proof that we haven't really dealt with systemic
           | racism yet. (As if all the other evidence, between housing,
           | employment, police brutality and murders, etc, wasn't already
           | enough)
        
         | crackercrews wrote:
         | > Why not just.. well, let poor people come first? Would the
         | goal suddenly not be met if poor smart white kids get into good
         | schools, too? Who loses in this case?
         | 
         | Universities would do this instead of affirmative action if it
         | would lead to the same result. But it wouldn't. It would help
         | poor Asian students. And it would hurt the URMs who are not
         | poor. They currently benefit from strong affirmative action
         | programs but would fare much worse under a program like you
         | describe.
        
         | JKCalhoun wrote:
         | > I've come understand it to mean "positively discriminate
         | based on race, so long as it's a minority race"
         | 
         | Is that true? I have heard that white males benefit most from
         | admission rules to colleges (perhaps primarily in California?).
         | But maybe that's "quota rules" and not affirmative action.
         | 
         | Regardless, it appears as though the while male is probably
         | going to take a hit if all admissions become strictly
         | academically based.
        
           | 0xcafefood wrote:
           | https://thehill.com/changing-
           | america/enrichment/education/57...
           | 
           | Why would White students choose to claim non-White ancestry
           | at these levels if it's going to disadvantage them?
        
             | etchalon wrote:
             | Because people believe things which are untrue?
        
           | az226 wrote:
           | Patently false
        
             | etchalon wrote:
             | Not "patently false", but, complicated:
             | 
             | https://www.washingtonpost.com/opinions/who-benefits-from-
             | af...
             | 
             | The central argument, and what Zimmerman backs with data,
             | is that affirmative action benefited white men because it
             | disadvantaged Asians and women, both of whom,
             | statistically, will be more-likely to have higher academic
             | scores.
        
         | earthboundkid wrote:
         | Because we did harm to African Americans and Native Americans
         | as groups, so the remedy has to be to them as groups.
        
           | charlieyu1 wrote:
           | So what had Asian Americans done to deserve being treated
           | worse?
        
           | goatlover wrote:
           | Who's we and how do you delineate those groups?
        
             | earthboundkid wrote:
             | The United States is a legal entity. It's the one
             | responsible for the harms, and it's the one responsible for
             | the reparations.
             | 
             | Or we could just dissolve the country every 4 years and
             | start over from scratch if you prefer. I don't see how that
             | could go wrong. :-)
        
               | orangepurple wrote:
               | Please identify the slave owners and punish them, not the
               | rest of us. Most people in American didn't own slaves.
               | Hell even most white people that weren't Jewish didn't
               | own slaves. The reputation was earned:
               | http://heyjackass.com/
        
           | 0xcafefood wrote:
           | Why did you harm these groups? What are you doing to fix what
           | you have done?
        
           | zo1 wrote:
           | There is no way to untangle any of that from the past in any
           | fair way. We are just making more victims that future
           | generations will look down on us for.
           | 
           | I want to leave a fair world to my children, not one filled
           | with hate and systemic racial discrimination.
        
             | earthboundkid wrote:
             | > There is no way to untangle any of that from the past in
             | any fair way.
             | 
             | Agreed. At some point you do have to shrug and say we tried
             | our best and move on with a moral bankruptcy. But we're not
             | really close to that point yet. Bankruptcy comes after
             | you've exhausted extraordinary measures. I would say
             | realistically you need maybe 100 or 150 years of positive
             | effort before you shrug and give up, and we're barely even
             | at 50 yet.
        
           | [deleted]
        
         | JohnMakin wrote:
         | > Shouldn't this just be run-of-the-mill social democratic
         | "lets hand out some extra opportunities/benefits to the poor"
         | program?
         | 
         | In a lot of ways, affirmative action is a boogeyman that
         | doesn't exist in the way many people think. In many large
         | states, such as california, they already for a long time do not
         | consider race as a factor in admissions, as per law. And, IMO,
         | california has done a pretty good job of having fairly diverse
         | schools, and they do precisely what you say - they focus their
         | efforts on lifting up those who come from poor socioeconomic
         | situations, which tends to capture a lot of the same people
         | affirmative action was trying to do.
        
           | 0xcafefood wrote:
           | > In a lot of ways, affirmative action is a boogeyman that
           | doesn't exist in the way many people think.
           | 
           | In that case, can you explain why two schools would've fought
           | for the explicit use of race in deciding school admissions
           | all the way to the Supreme Court?
        
             | jvanderbot wrote:
             | California has been trying to overturn it's race-blind
             | policy for some time. The original policy was instituted
             | about the same time as everyone else's. The intent of
             | overturning it, of course, is to then go further and
             | institute a policy more like the one seen in this case.
             | 
             | It has been overturned at the referendum level every time.
        
             | prpl wrote:
             | Laziness? It's cheap and it gives them a lever they wanted.
        
             | arcticbull wrote:
             | I expect part of this was just retaining their right to do
             | so as they are losing a degree of flexibility in admissions
             | here.
        
           | Georgelemental wrote:
           | > [In California], they already for a long time do not
           | consider race as a factor in admissions, as per law.
           | 
           | They do to an extent, they just try to hide it as "holistic
           | review" or such, make it hard to prove.
        
           | nradov wrote:
           | You are referring to California _public_ colleges. Some
           | California private colleges which received federal funding
           | were still using racial identity as a factor in admissions. I
           | received an email from my _alma mater_ today stating that
           | they were discontinuing this practice due to the Supreme
           | Court decision.
        
         | rayiner wrote:
         | There was a logic to the idea of racial preferences as
         | originally envisioned. Studies show that the income gaps
         | between American descendants of slaves and indigenous Americans
         | basically have been unchanged even after segregation and legal
         | discrimination was ended. The reasoning goes that racial
         | preferences are necessary to undo these disadvantages.
         | 
         | But the actual practice in US universities has become
         | completely disconnected from that logic. For example, the
         | largest group eligible for racial preferences is Hispanics. But
         | Hispanics enjoy similar income mobility to whites and previous
         | generations of white immigrants:
         | https://economics.princeton.edu/working-
         | papers/intergenerati.... Insofar as they are poorer than whites
         | as a group, that's a transient condition due to recency and
         | circumstances of immigration, just as it was for say Italians
         | or Vietnamese.
         | 
         | A child of a poor Guatemalan immigrant statistically will end
         | up _better off_ than the child of a poor Appalachian whose
         | family has been in the US for centuries. It makes no sense to
         | put a thumb on the scale in favor of the Guatemalan under the
         | original justification for racial preferences.
         | 
         | Moreover, most black students admitted to say Harvard are not
         | American descendants of slaves:
         | https://www.thecrimson.com/article/2020/10/15/gaasa-scrut/.
         | Some are immigrants from the Caribbean and Latin America, who
         | also are descendants of slaves. But many (up to half) are
         | immigrants from Africa. Not only are they not descendants of
         | slaves, they are typically elites in their home countries.
        
         | da39a3ee wrote:
         | The answer is basically: America has managed to make race and
         | socioeconomic status incredibly highly correlated, especially
         | in its large coastal cities where basically all poor people are
         | non-white. It's nothing like, for example, Northern European
         | cities with large white working class populations.
         | 
         | Obviously there are a huge number of poor white people in
         | America. Mostly in the vast countryside with its small towns.
         | And you're right that they're forgotten about a bit in this
         | debate; certainly no one expects them ever to send their
         | children to Harvard.
         | 
         | I think the reason they are forgotten about in this debate is
         | that the white educated classes feel very guilty about the
         | terrible race-wealth correlation.
        
         | EatingWithForks wrote:
         | One of the things of "why not class only" is because in America
         | race matters a lot. I mean it quite literally: studies have
         | shown simply having a black-sounding name makes you equivalent
         | to a white-sounding name of an order of magnitude less
         | qualification. In some cases black people with a college degree
         | have job prospects similar to a white person with a felony
         | record.
        
           | 0xcafefood wrote:
           | > studies have shown simply having a black-sounding name
           | makes you equivalent to a white-sounding name of an order of
           | magnitude less qualification.
           | 
           | Can you link to a study showing this? How did this study
           | define what an "order of magnitude less qualification" means?
        
             | EatingWithForks wrote:
             | http://thecrimereport.s3.amazonaws.com/2/fb/e/2362/criminal
             | _...
             | 
             | Here's a PDF. White people with a criminal record are
             | received more positively than noncriminal black-sounding
             | people.
             | 
             | "Employment discrimination against people with criminal
             | records, especially in entry-level positions, is rampant,
             | as demonstrated by a 2005 report produced by the Commission
             | called "Race at Work: Realities of Race and Criminal Record
             | in the NYC Job Market" written by Drs. Devah Pager and
             | Bruce Western. [1] The report relied on results from
             | matched pairs of testers of young white, Latino, and
             | African-American men who applied for 1470 entry-level jobs
             | throughout New York City. Not only were whites more likely
             | to get a callback or job offer than Latinos or African-
             | Americans, African-Americans were nearly half as likely to
             | be considered as whites.[2] When white testers presented
             | with a recent felony record, they were as likely as Latinos
             | and much more likely than African-Americans to receive a
             | callback or job offer.[3] Overall, people with criminal
             | records are only half as likely to get a call back than
             | those without; for African-American applicants, the
             | likelihood is reduced to one-third.[4]"
             | 
             | from https://www.cssny.org/news/entry/testimony-in-support-
             | of-tes...
        
               | 0xcafefood wrote:
               | Got it, so not studies in the sense of a peer reviewed
               | publication. Maybe something more like a "position
               | paper."
        
               | EatingWithForks wrote:
               | You can't exactly double-blind study black people but how
               | many studies do you really need? My original stance was
               | only "in some cases, discrimination exists". You're
               | really ridiculous about the bar of evidence you expect
               | from me here.
               | 
               | "Are Emily and Greg More Employable Than Lakisha and
               | Jamal? A Field Experiment on Labor Market Discrimination"
               | https://cos.gatech.edu/facultyres/Diversity_Studies/Bertr
               | and...
               | 
               | "Systemic Discrimination Among Large U.S. Employers"
               | https://academic.oup.com/qje/article/137/4/1963/660593
        
         | zuminator wrote:
         | One of the issues with the US is not just that certain races
         | are more likely to be poor but they are segregated as well,
         | meaning that there are counties, neighborhoods, and school
         | districts where minorities are concentrated, at levels
         | sometimes approaching 90% or more. And as a result of that,
         | historically the residents of those neighborhoods weren't just
         | economically deprived, but cut off from power, and influence.
         | People lived in dilapidated housing. They couldn't afford to
         | repair because banks wouldn't issue loans. They couldn't afford
         | good schools because schools are funded by county or district
         | in the US and so a poor local population means underfunded
         | schools. They couldn't get good jobs because they had a poor
         | education. All of their friends, family and neighbors were
         | similarly dirt poor. In other words there was a cycle of
         | pervasive generational poverty which didn't exist in the
         | mainstream culture. Even if they scrimped and saved to try to
         | move to a better neighborhood, they were often either entirely
         | excluded on the basis of race, or faced rampant and sometimes
         | dangerous discrimination upon settling in the new neighborhood.
         | 
         | Anyway, so the goal of affirmative action was to try to break
         | that cycle, by essentially awarding the best and brightest from
         | those segregated communities opportunities they could never
         | achieve otherwise.
         | 
         | There was also maybe a sense of society thinking (at least in
         | the case of blacks and maybe indigenous americans) "We owe them
         | because we put them in this situation by kidnapping/enslaving
         | or massacring their ancestors." Whereas with just generic poor
         | people, to say that we owe them anything (as in "we owe them
         | because our economy requires a pool of desparate labor") would
         | be an indictment of capitalism, which is not an acceptable
         | thought pattern in the USA.
        
         | danabrams wrote:
         | For 350 years of US history africans and their descendants were
         | enslaved. Native Americans were ripped from their land and
         | relocated, often with genocidal levels of casualties.
         | 
         | After that, these two groups were substantially discriminated
         | against in law, and other races were added to the mix to be
         | given less rights than others.
         | 
         | Today, there are huge disparities between outcomes for
         | different races in large part due to this historical
         | discrimination. There's also an ingrained culture of
         | stereotyping and discrimination that's hard to lift. It doesn't
         | matter if you're the first generation of Americans descended
         | from African immigrants who came in the 1980s... you still are
         | impacted by this legacy.
         | 
         | The concept of affirmative action was to specifically
         | counteract the effects of these negative, historical
         | circumstances and provide a countervailing effect.
         | 
         | I can't speak to other countries, but in the US, it is
         | definitely the case that poor people of color have a harder
         | time getting ahead than equally poor white people. (I suspect
         | it's similar elsewhere, but we are also a pretty racially
         | diverse country, so the effect is larger)
        
           | arbuge wrote:
           | > it is definitely the case that poor people of color have a
           | harder time getting ahead than equally poor white people
           | 
           | Do you have any sources for that?
        
             | danabrams wrote:
             | Do I have any sources that systemic racism is real?
             | 
             | I mean, there's a large body of evidence (I personally like
             | the economics methodology of this study, which has been
             | repeated many times: https://www.shrm.org/hr-today/news/hr-
             | magazine/pages/0203hrn...).
             | 
             | But just like many will never be convinced that vaccines
             | are safe and the earth is round, many will never be
             | convinced that racism in the US is real, I suppose.
        
               | ix-ix wrote:
               | I once failed an undergraduate student because they
               | argued that racism ended in 1965 and that racism did not
               | exist after that. It's like they didn't pay attention in
               | class at all.
        
         | pessimizer wrote:
         | > I assume the intent is to help disadvantaged people have
         | opportunities that more priviledged people have already. Right?
         | 
         | It has been transformed into that through the twin attacks of
         | "diversity" and "class, not race," but what it was meant to do
         | was aid the problem that the US ran into after it released
         | millions of slaves into the street with nothing, and they
         | didn't manage to magically create something from nothing.
         | 
         | It transformed from that into an efficiency argument to stay
         | "constitutional" in a country that largely doesn't feel any
         | guilt over slavery. Instead of staying an excuse not to pay
         | reparations to their discarded farm equipment, the
         | justification was A) that everybody should get a fair shake,
         | and some people couldn't because of who their parents were
         | ("class, not race", "equality of opportunity"), and B) that
         | "diversity" of background gave an creative and decisionmaking
         | advantage to businesses.
         | 
         | The problem with these stupid justifications for affirmative
         | action is that they don't support it at all. A) actually argues
         | _against_ race-based affirmative action, and B) paints it as a
         | problem that should be naturally solved by the market with no
         | intervention.
         | 
         | The problem that the US has is that it had brutal
         | discrimination by laws at times so harsh that in 18th century
         | Maryland (iirc) there was a law that would sentence a white
         | person to death for teaching a black person how to read. The
         | problem is that black people collectively have barely more per
         | capita wealth than they had when they were freed (which was
         | $0.)
         | 
         | That being said, black people have increased their proportion
         | of national wealth since freedom, and white people's proportion
         | of national wealth has been reduced, so that's sure libertarian
         | evidence that black people are intrinsically superior to white
         | people, though who can say if that's due to genetics or
         | culture. If reparations were paid that brought the black share
         | of national wealth to parity with the black proportion of the
         | population, racism against black people would cease to be an
         | issue that the government should be concerned with.
        
         | variadix wrote:
         | People want to play identity politics, not solve tangible
         | issues like income disparity and economic mobility.
        
         | kylerush wrote:
         | Racism tells us that the white race is superior to all other
         | races. If you reject that, you expect to see that white people
         | (or "model minorities" like Asian race) are not
         | disproportionately receiving access to opportunity or
         | disproportionately controlling the wealth. In the USA, it's the
         | opposite.
         | 
         | You can invent whatever system you want, like the one you
         | proposed here, but if the outcome is disproportionate then it
         | is, by definition, a racist system.
         | 
         | Why? Because race is a construct. It's fake. Factually
         | speaking, the only differences between these constructed racial
         | groups are things like hair texture and skin pigmentation.
         | Anyone saying otherwise is lying to preserve the construct.
         | 
         | If your values include a rejection of racism, you need to
         | create a system that achieves the outcome of proportionate
         | access to opportunity and proportionate control of wealth.
         | Affirmative Action is the system that got the USA closest to
         | achieving that outcome.
        
           | thworp wrote:
           | But it could be cultural. All the facts point to that being
           | the cause. If there is so much racism against black people
           | how could Nigerians and Carribean Blacks be some of the most
           | prosperous ethnic groups in the US?
        
           | lolinder wrote:
           | This is an extremely simplistic take on a very complicated
           | topic.
           | 
           | While race may be a social construct, it has _correlations_
           | with a number of other, less artificial factors. A random
           | sample of people with the characteristics we associate with
           | Asian race will tend to have more ancestry that traces back
           | to Asia than would a random sample of people with Caucasian
           | characteristics. This ancestry brings with it cultural and
           | genetic factors that _do_ affect outcomes and are in no way
           | artificial.
           | 
           | This isn't to say that we can just shrug and say that people
           | are different and therefore there's no racism. We absolutely
           | need to be trying to actively eliminate racism. But it's
           | absurd to try to claim that all people are essentially
           | identical across all ethnic groups, and it's frankly
           | offensive to a lot of people who take pride in their culture
           | and ancestry.
        
             | kylerush wrote:
             | The point you're making is that some cultures devalue
             | educational achievement and success? So much so that we
             | should expect to see members of those cultures
             | disproportionately lacking access to opportunity because
             | they "don't want it?"
        
         | asimpletune wrote:
         | I think it's a mistake to think the intent is to benefit
         | individuals of specific races. This has very much been
         | something where the intended benefactor is American society in
         | general.
         | 
         | As an example, I went to a good public school that had a policy
         | where the top 5% of high school students were automatically
         | given admission to the university. While this was technically
         | race blind, it was de facto affirmative action, because a more
         | poor high school is not as competitive as a rich high school.
         | 
         | At first, I too, thought that affirmative action was bad
         | because racism of any kind is bad. However, it dawned on me one
         | day that if this policy wasn't in place, there just wouldn't be
         | many minorities at our university, and in a way I would be
         | deprived off a well-rounded, diverse college experience.
         | 
         | Simply put, being exposed to a a rich, diverse student body is
         | good for everyone, not just minorities.
         | 
         | I don't think it's really any different in how the American
         | justice system doesn't exist solely to provide justice for
         | victim or the accused. The most important beneficiary of our
         | justice system, is what happens when you have justice for
         | society. Sure, individual cases don't always have what is
         | perceived as the "right" outcome, but that's considered
         | acceptable in our system if the result is justice for society.
        
           | lolinder wrote:
           | OP's point is still important, though: you're talking about
           | the wrong kind of diversity. If you go to a school with a
           | bunch of kids who grew up in upper-class neighborhoods in
           | Washington, D.C., who cares if a few of those kids have black
           | skin? They're contributing _~nothing_ to the diversity on
           | campus, because they grew up in the same place and come from
           | the same income level.
           | 
           | On the other hand, if your admissions policies make a point
           | of drawing from many income brackets or many countries,
           | suddenly you have a whole world of people who you likely
           | would never have associated with and who are _actually_
           | different than you in meaningful ways.
           | 
           | Country of origin and socioeconomic status are a much bigger
           | deal when it comes to diversity than race, because race isn't
           | real. It's a proxy for things that are real, and continuing
           | to use it as a proxy perpetuates a subtle form of racism.
        
           | pknomad wrote:
           | Guessing UT Austin?
        
             | asimpletune wrote:
             | Yeah, great experience
        
               | pknomad wrote:
               | Oh yeah I bet. I agree with you on positive benefits of
               | having a diverse class, fwiw.
               | 
               | I know few friends from Lake Travis who disagree though
               | but I think that has to do with not making the top 8%
               | (back then I think it was lower?).
        
         | bcatanzaro wrote:
         | I have wondered this myself and I think the answer is that
         | American universities want to discriminate based on wealth.
         | They actually want the richest kids possible going to their
         | schools. Their business model depends on it.
        
         | senthil_rajasek wrote:
         | I am from India and have lived in the U.S for over 2 decades. I
         | have observed "affirmative action" arguments in two continents.
         | 
         | I am going to answer your specific questions,
         | 
         | >Why not just.. well, let poor people come first?
         | 
         | Racial justice issues are separate from economic justice
         | issues.
         | 
         | Shouldn't this just be run-of-the-mill social democratic "lets
         | hand out some extra opportunities/benefits to the poor"
         | program?
         | 
         | Racism is a complex issue and in listening to Black/Asian/Brown
         | Americans I have come to the realization that such programs
         | have to be specific to each and every race because they
         | experience racism in different ways.
        
         | mc32 wrote:
         | At some point, you have to declare the war against something,
         | over. The war against polio, the war against dengue fever, etc.
         | even while there may continue low-grade outbreaks. Perfect is
         | the enemy of the good.
        
         | lost_tourist wrote:
         | Go read any article/book about living as a person of color in
         | America, also read about the history of slavery, jim crow, and
         | civil rights. You might understand then, you will never get
         | that story via HN or American mainstream media. I mean if
         | you're serious about it at all, read about it from the
         | perspective of those who are being discriminated against.
        
         | fundad wrote:
         | It's foreign to most American college students too, almost all
         | US colleges accept almost all applicants.
         | 
         | A very small number of private, public and military colleges
         | attract so many applicants they have to select students for
         | admission.
        
       | sbdaman wrote:
       | [flagged]
        
         | TheFreim wrote:
         | Could you explain why?
        
       | stcroixx wrote:
       | [flagged]
        
         | zapataband1 wrote:
         | [flagged]
        
           | coolhand2120 wrote:
           | I think he might be talking about "Racism in US college
           | admission has been banned" which sounds like a good thing. Do
           | you argue that Asian and Indian students should be rejected
           | because of their race in favor of less qualified black or
           | Hispanic students? I would love to hear your case for why
           | that is ok.
        
             | HDThoreaun wrote:
             | "Less qualified" opens a can of worms. If one student spent
             | twice as long studying does that make them more likely to
             | have a high income after they graduate? Because in the end
             | that's what these schools are looking for, "How do we admit
             | the people who will be the most successful in their
             | career?" Just looking at grades and test scores can't
             | figure that out. Academic success may be correlated with
             | cultural values in a way that income isn't.
        
               | coolhand2120 wrote:
               | > Just looking at grades and test scores can't figure
               | that out.
               | 
               | Do you have any citations to back up that assertion? I
               | think we've reached the point of calling these metrics a
               | bit more than correlations.
               | 
               | I hear this all the time from pro affirmative action
               | groups, but I don't think it's backed up by any science.
               | People who practice more are going to be better at that
               | thing. Same in sports, musics, medicine, literally
               | everything. Hard work it turns out pays off. It's very
               | unfortunate that some can't do the hard work required to
               | make the grade. But that doesn't mean that they should be
               | elevated _over others that did_ make the grade _based on
               | the color of their skin_. I can't even believe I have to
               | argue this.
               | 
               | Looking at academic factors should be the strongest
               | determining factor, economic factors is fine, but looking
               | at race is racist, by definition.
               | 
               | Advocacy groups trying to change the definitions of words
               | as a way to sort of "legislate from the bench" is
               | dishonest and an obvious attempt to avoid the debate on
               | very controversial topics. It will always be racist to
               | make determinations based on race. Attempts to change
               | this definition is racist.
        
               | HDThoreaun wrote:
               | I absolutely believe hard work pays off. But different
               | people value different things. If one person works
               | incredibly hard to get their grades and test scores up
               | and the other works just as hard to start a business who
               | is the harder worker? The academic criteria says it's the
               | first person, but I don't think that means they will have
               | more success in their career. And in the end maximizing
               | career success is what admissions is trying to do.
        
             | zapataband1 wrote:
             | I think an economic based affirmative action makes more
             | sense, so don't put words in my mouth. Let's just celebrate
             | rule by 5 people in a country of 330M dumbocracy
        
           | stcroixx wrote:
           | [flagged]
        
       | jl6 wrote:
       | One question I have is: did it work?
       | 
       | These types of policies have been in place for decades. We have
       | data on inequality between different demographics over time. So
       | can we detect a measurable improvement attributable to the
       | policy?
        
         | peterfirefly wrote:
         | More recent immigrants from Africa with an Ivy League degree,
         | yes. That looks superficially like an improvement to many.
        
         | w10-1 wrote:
         | The improvement was clear and obvious in many aspects of
         | society, but the question is whether the cost was worth it, and
         | whether it's really a long-term solution, since it may
         | exacerbate some aspects.
         | 
         | Further, it left open the question of the goal: is it to
         | assimilate cultures? To ensure equal resources? participation?
         | representation? respect? understanding? freedom to be
         | different?
         | 
         | Which means different affirmative-action programs had different
         | cost/benefit and no one really knows the path.
         | 
         | In logic, not-not-A is A, but it's anything but in reality.
        
       | syngrog66 wrote:
       | I wrote my thoughts on this news (and how it relates to MLK)
       | here:
       | 
       | "I Have A Dream" Today https://synystron.substack.com/p/i-have-a-
       | dream-today
        
       | seanw444 wrote:
       | This comment section is a frightening wake-up call to how
       | peoples' mindsets are nowadays. I choose to believe that it's
       | over-represented on HN because most people that exercise interest
       | in the topics HN is made for, are the stereotypical liberal
       | types.
        
       | kernal wrote:
       | Racial discrimination is racial discrimination no matter how you
       | try to sugar coat it.
        
       | dmvdoug wrote:
       | Regardless of what your take is on the substance, as a former
       | lawyer, I was really struck at the language in the various
       | concurrences and dissents. They are very clearly pissed and/or
       | disgusted with each other in a way that is very not-normal, even
       | for hot button cases.
        
         | Georgelemental wrote:
         | This issue is personal for justices Thomas, Jackson, and
         | Sotomayor especially. I think that is reflected in their
         | opinions.
        
           | dmvdoug wrote:
           | Sotomayor as well. What fascinates me about Thomas's dissent
           | is towards the end he talks about HBCUs and how effective
           | they are. You'll find language of his in a lot of places
           | suggesting black separatist--type sympathies. He was a
           | genuine radical in his college years in that respect, and
           | he's still clearly sympathetic to sone extent.
           | 
           | Cards on the table: I think Justice Thomas has a genuinely
           | nutty jurisprudence. Like way out there nutty. And I disagree
           | with him about virtually everything. But he's much more
           | complex than the standard caricatures allow for (even when
           | they come from fellow-travelers, like the people who thought
           | Thomas was just Scalia's lapdog; wrong; Scalia was nakedly
           | unprincipled when compared to Thomas).
        
             | HDThoreaun wrote:
             | > I think Justice Thomas has a genuinely nutty
             | jurisprudence
             | 
             | How many other judges routinely cite their own opinion when
             | it was in the minority? I gotta say though I respect the
             | massive the balls to constantly be doing that.
        
             | ekam wrote:
             | Yeah he does seem to have a somewhat cohesive and distinct
             | philosophy of his own that undergirds his decisions and
             | that's been underappreciated given his influence over the
             | Court and American jurisprudence
        
       | fzeroracer wrote:
       | [flagged]
        
       | b8 wrote:
       | Thomas Sowell successfully convinced me that affirmative action
       | is a disservice with his cogent affirmative action book.
        
         | ProllyInfamous wrote:
         | Justice Thomas's concurrence cited Dr. Thomas Sowell TWICE in
         | support of the disservice affirmative action can have on
         | preferentially-admitted students of color. Justice Sotomayer's
         | dissent dispelled Dr. Sowell's sage publications.
         | 
         | I found it particularly offensive the pettiness embedded within
         | the footnotes, to an obviously-divided court [and on such a
         | simple topic, too].
         | 
         | From majority ruling:
         | 
         | "ELIMINATING RACIAL DISCRIMINATION MEANS ELIMINATING ALL OF
         | IT."
        
       | subpixel wrote:
       | I'd rather live in a society that made it an imperative to have
       | more students from more ethnicities be eligible for the best
       | universities every year.
       | 
       | That requires addressing inequality earlier, and more thoroughly,
       | and across more axes, than an approach that is, in the final
       | analysis, about setting quotas based on ethnicity.
       | 
       | Affirmative action can do everything it was designed to do while
       | having essentially zero impact on inequality in society at large
       | - it's always seemed like a cop out to me.
        
         | dahwolf wrote:
         | Even more so because all these discussions evolve around elite
         | institutes only. Which doesn't help 99.999999% of people.
        
         | stjohnswarts wrote:
         | That's probably not going to happen in the USA given current
         | status of public schools barely hanging on.
        
       | imtemplain wrote:
       | [dead]
        
       | ricardoplouis wrote:
       | Worth noting that while affirmative action has been banned, we
       | still have proxies for race (aka legacy admissions) which
       | overwhelmingly favor rich and white students. And given the
       | historical discrimination of elite universities, this ban on
       | affirmative action without addressing legacy admissions or
       | historical harm will only increase the number of white students
       | at universities. We can't pretend that eliminating race based
       | admissions will serve the greater interest without addressing
       | past (and current) systems of white supremacy.
       | 
       | Link to demographics on legacy admissions:
       | https://www.culawreview.org/journal/legacy-admissions-an-ins...
        
         | vorpalhex wrote:
         | From your source
         | 
         | > In addition, 70 percent of Harvard's legacy applicants are
         | white.
         | 
         | From US Census:
         | 
         | > Race and Hispanic Origin
         | 
         | > White alone, percent
         | 
         | > 75.5%
        
           | jasonlotito wrote:
           | From the source of the source you quoted:
           | 
           | > Our model of admissions shows that roughly three-quarters
           | of white ALDC admits would have been rejected absent their
           | ALDC status.
           | 
           | So, three-quarters of those individuals didn't earn their
           | place academically.
           | 
           | > Removing preferences for athletes and legacies would
           | significantly alter the racial distribution of admitted
           | students away from whites.
           | 
           | So, the mechanisms in place for academics currently favor
           | white people.
           | 
           | Yes, 70% vs 75% is about the same, but it was helped that way
           | in part because of legacies, and would be much lower
           | otherwise.
           | 
           | Which supports the original comment:
           | 
           | > [legacy admissions] overwhelmingly favor rich and white
           | students.
           | 
           | Maybe the paper itself has more details. I'm only going by
           | the abstract. But unless the abstract is lying, I think it
           | makes sense.
        
         | [deleted]
        
         | onetimeusename wrote:
         | > overwhelmingly favor rich and white students.
         | 
         | not really. Legacy students have higher SAT scores than non-
         | legacy. https://features.thecrimson.com/2021/freshman-
         | survey/academi...
         | 
         | Whites are also the only ethnic group on Harvard's campus that
         | are underrepresented relative to their percentage of the
         | population. I think to argue that Harvard (I am using them as
         | the example since they are part of the SC case and relevant
         | here) is white supremacist is absurd. It's really quite the
         | opposite.
         | 
         | In fact, I think the SFFA case will reduce the number of white
         | students because Harvard may have been using affirmative action
         | to help poor white students who are the least likely to take
         | test prep[1] and likely didn't attend a high powered high
         | school.
         | 
         | There is absolutely 0 appetite from Harvard to favor white
         | people in any way.
         | 
         | [1]:
         | https://marginalrevolution.com/marginalrevolution/2014/03/th...
        
         | Der_Einzige wrote:
         | This ruling will overwhelmingly help Asians and only marginally
         | help white people
        
           | gnicholas wrote:
           | It will be especially helpful for Asian people who don't have
           | Asian-sounding last names. I suspect that schools will
           | continue to discriminate against Asians, and I wish that my
           | mixed-race kids had a less Asian-sounding last name.
        
       | chmod600 wrote:
       | " I have a dream that my four little children will one day live
       | in a nation where they will not be judged by the color of their
       | skin but by the content of their character."
       | 
       | --- Dr. Martin Luther King, Jr.
       | 
       | https://www.npr.org/2010/01/18/122701268/i-have-a-dream-spee...
        
       | arpyzo wrote:
       | If you agree with this decision on the grounds of supporting
       | meritocracy, consider that the real travesty with regards to
       | meritocracy in college admissions are legacy admissions.
        
         | xyzelement wrote:
         | How big a deal and how common is it in reality? "We have one
         | fewer spots because we admitted the son of a donor" and "we
         | won't accept you based on race" are different magnitude.
        
           | MisterBastahrd wrote:
           | It's the difference between "we're setting aside this slot
           | specifically for you because of who your parents are" and
           | "we're placing you in this competitive pool that will make up
           | a certain percentage of the overall class."
           | 
           | They're vastly different in terms of magnitude.
        
           | kemayo wrote:
           | It has a surprisingly strong effect as schools get more
           | prestigious / exclusive. At schools like Harvard, which have
           | in incredibly low admission rate (something like 5% of
           | qualified applicants get an offer, I think?), legacies get a
           | massive bump.
           | 
           | https://admissionsight.com/harvard-legacy-acceptance-rate/
           | says it's 25-35% of students who're legacies at Harvard.
           | 
           | https://www.nber.org/system/files/working_papers/w26316/w263.
           | .. is analyzing the admissions data that got released from an
           | earlier lawsuit against Harvard about Asian American
           | admissions bias, and says that although being a legacy isn't
           | as good as being a recruited athlete, it still gets you
           | admitted at about 5x the rate of non-legacies.
        
           | deilline wrote:
           | https://www.nbcnews.com/news/amp/ncna1060361
        
             | JKCalhoun wrote:
             | 43%, crazy.
        
               | s1artibartfast wrote:
               | For one specific private university. If you consider
               | every state university and College, I expect far more
               | people are impacted by affirmative action
        
           | arpyzo wrote:
           | Legacy admissions are not just a few spots. They constitute a
           | high percentage of admissions. I've seen estimates ranging
           | from 10% to 35%.
        
       | kadomony wrote:
       | Interesting to see if companies will be slapped back to reality
       | away from their DEI bullshit that hires lesser qualified
       | individuals simply because of their levels of melanin.
        
       | Eumenes wrote:
       | A win for meritocracy - https://www.aei.org/carpe-diem/new-chart-
       | illustrates-graphic...
        
         | manuelabeledo wrote:
         | Then the headline should be: "Legacies are banned from top tier
         | private schools".
         | 
         | Around 25% of admissions in Ivy League schools are legacies.
         | Unsurprisingly, this does not seem to _outrage_ certain parts
         | of society that much.
        
           | Eumenes wrote:
           | That's bad too.
        
         | throw0101c wrote:
         | Meritocracy may not be what you think it is, or achieve the
         | results you assume. See recent books by Markovits and Sandel:
         | 
         | * https://www.vox.com/policy-and-
         | politics/2019/10/24/20919030/...
         | 
         | *
         | https://www.vox.com/identities/2019/10/21/20897021/meritocra...
         | 
         | * https://press.princeton.edu/ideas/a-belief-in-meritocracy-
         | is...
         | 
         | * https://news.harvard.edu/gazette/story/2021/01/the-myth-
         | of-m...
         | 
         | * https://en.wikipedia.org/wiki/Meritocracy#Criticism
         | 
         | The word's modern popularity originated in a pejorative meaning
         | which was then lost:
         | 
         | * https://en.wikipedia.org/wiki/The_Rise_of_the_Meritocracy
         | 
         | Once people 'are in', they get more resources, and that allows
         | for (e.g.) their children to have more opportunities, and so
         | they then in turn win. If you have a person who does not 'get
         | in' and 'win', then they have fewer resources / opportunities
         | to show or develop what skills they may have: a doom-loop can
         | become possible.
         | 
         | As an example of what resources can get you:
         | 
         | * https://en.wikipedia.org/wiki/Varsity_Blues_scandal
         | 
         | * https://www.pbs.org/newshour/education/rick-singer-
         | mastermin...
        
           | Eumenes wrote:
           | Okay, but race based admissions for college is bad and I'm
           | glad its revoked.
        
       | ecshafer wrote:
       | The best method of college entrance is whats done in east asia.
       | China does the Gaokao (hard SAT), and students list their
       | university preferences and filters students into colleges based
       | on their score and their preferences. Japan takes entrance exams
       | for a university. These seem like infinitely fairer methods than
       | the US where they try and correct for disadvantage in a variety
       | ways.
        
         | AlanYx wrote:
         | China practices affirmative action by giving certain ethnic
         | minorities additional points on the gao kao. There's a good
         | 2017 paper by Ding et. al. that explores the effect this has.
        
         | JKCalhoun wrote:
         | In the U.S.: go to shitty school, get shitty SAT score,
         | disallowed from college. Repeat.
        
           | w10-1 wrote:
           | In California: 10% of each shitty school gets in to the top-
           | tier UC system
        
         | alsaaro wrote:
         | China uses an ethnic quota system for underrepresented
         | minorities for university admissions, just like India and the
         | United States (until today).
        
         | HDThoreaun wrote:
         | American schools are not looking to maximize academic success.
         | They want to maximize career success because that's how
         | prestige is measured. They're certainly not trying to be fair
         | either, they're trying to maximize donations.
        
       | Georgelemental wrote:
       | Clarence Thomas's concurrence does not mince words:
       | 
       | > This, [Justice Jackson] claims, locks blacks into a seemingly
       | perpetual inferior caste. Such a view is irrational; it is an
       | insult to individual achievement and cancerous to young minds
       | seeking to push through barriers, rather than consign themselves
       | to permanent victimhood. [...] What it cannot do is use the
       | applicant's skin color as a heuristic, assuming that because the
       | applicant checks the box for "black" he therefore conforms to the
       | university's monolithic and reductionist view of an abstract,
       | average black person.
       | 
       | > Accordingly, JUSTICE JACKSON's race-infused world view falls
       | flat at each step. Individuals are the sum of their unique
       | experiences, challenges, and accomplishments. What matters is not
       | the barriers they face, but how they choose to confront them. And
       | their race is not to blame for everything--good or bad--that
       | happens in their lives. A contrary, myopic world view based on
       | individuals' skin color to the total exclusion of their personal
       | choices is nothing short of racial determinism.
       | 
       | > JUSTICE JACKSON then builds from her faulty premise to call for
       | action, arguing that courts should defer to "experts" and allow
       | institutions to discriminate on the basis of race. Make no
       | mistake: Her dissent is not a vanguard of the innocent and
       | helpless. It is instead a call to empower privileged elites, who
       | will "tell us [what] is required to level the playing field"
       | among castes and classifications that they alone can divine.
       | Post, at 26; see also post, at 5-7 (GORSUCH , J., concurring)
       | (explaining the arbitrariness of these classifications). Then,
       | after siloing us all into racial castes and pitting those castes
       | against each other, the dissent somehow believes that we will be
       | able--at some undefined point--to "march forward together" into
       | some utopian vision. Post, at 26 (opinion of JACKSON, J.). Social
       | movements that invoke these sorts of rallying cries,
       | historically, have ended disastrously.
       | 
       | > Unsurprisingly, this tried-and-failed system defies both law
       | and reason. Start with the obvious: If social reorganization in
       | the name of equality may be justified by the mere fact of
       | statistical disparities among racial groups, then that
       | reorganization must continue until these disparities are fully
       | eliminated, regardless of the reasons for the disparities and the
       | cost of their elimination. [...] If those measures were to result
       | in blacks failing at yet higher rates, the only solution would be
       | to double down. In fact, there would seem to be no logical limit
       | to what the government may do to level the racial playing field--
       | outright wealth transfers, quota systems, and racial preferences
       | would all seem permissible. In such a system, it would not matter
       | how many innocents suffer race-based injuries; all that would
       | matter is reaching the race-based goal.
       | 
       | [...]
       | 
       | > The great failure of this country was slavery and its progeny.
       | And, the tragic failure of this Court was its misinterpretation
       | of the Reconstruction Amendments, as Justice Harlan predicted in
       | Plessy. We should not repeat this mistake merely because we
       | think, as our predecessors thought, that the present arrangements
       | are superior to the Constitution.
       | 
       | > The Court's opinion rightly makes clear that Grutter is, for
       | all intents and purposes, overruled. And, it sees the
       | universities' admissions policies for what they are: rudderless,
       | race-based preferences designed to ensure a particular racial mix
       | in their entering classes. Those policies fly in the face of our
       | colorblind Constitution and our Nation's equality ideal. In
       | short, they are plainly--and boldly--unconstitutional. See Brown
       | II, 349 U. S., at 298 (noting that the Brown case one year
       | earlier had "declare[d] the fundamental principle that racial
       | discrimination in public education is unconstitutional").
       | 
       | > While I am painfully aware of the social and economic ravages
       | which have befallen my race and all who suffer discrimination, I
       | hold out enduring hope that this country will live up to its
       | principles so clearly enunciated in the Declaration of
       | Independence and the Constitution of the United States: that all
       | men are created equal, are equal citizens, and must be treated
       | equally before the law.
        
         | COGlory wrote:
         | Justice Thomas is (to me) an extremely frustrating figure, but
         | this a compelling argument for the 14th Amendment.
        
         | tdonoghue wrote:
         | Clarence Thomas is the epitome of what makes America the
         | greatest country on earth.
        
           | l3mure wrote:
           | His corruption is truly inspiring.
           | 
           | https://www.propublica.org/article/clarence-thomas-scotus-
           | un...
        
             | Georgelemental wrote:
             | What's the scandal here? What law was broken, what rule
             | violated? I can't tell...
        
               | l3mure wrote:
               | > Thomas didn't report any of the trips ProPublica
               | identified on his annual financial disclosures. Ethics
               | experts said the law clearly requires disclosure for
               | private jet flights and Thomas appears to have violated
               | it.
               | 
               | > Justices are generally required to publicly report all
               | gifts worth more than $415, defined as "anything of
               | value" that isn't fully reimbursed. There are exceptions:
               | If someone hosts a justice at their own property, free
               | food and lodging don't have to be disclosed. That would
               | exempt dinner at a friend's house. The exemption never
               | applied to transportation, such as private jet flights,
               | experts said, a fact that was made explicit in recently
               | updated filing instructions for the judiciary.
               | 
               | > How many times Thomas failed to disclose trips remains
               | unclear. Flight records from the Federal Aviation
               | Administration and FlightAware suggest he makes regular
               | use of Crow's plane. The jet often follows a pattern:
               | from its home base in Dallas to Washington Dulles airport
               | for a brief stop, then on to a destination Thomas is
               | visiting and back again.
        
               | Georgelemental wrote:
               | Thomas asked the relevant body (Judicial Conference)
               | whether he was obligated to report the trips, they told
               | him no. The rules have since changed, and Thomas is
               | adapting to follow the new rules.
               | https://thehill.com/regulation/court-
               | battles/4038748-clarenc...
        
       | imperio59 wrote:
       | Harvard and UNC are well intentioned but they are trying to fix
       | inequities which start much earlier.
       | 
       | They sit at the end of 12 years of schooling for applicants,
       | where the quality of that schooling and the level of funding for
       | extra curricular activities will have been vastly different based
       | on where that student lived and which school they attended.
       | 
       | Trying to fix this problem at the college admissions level
       | creates the unintended effect and consequence that Asians and
       | whites who are objectively better academic candidates get
       | rejected in favor of non white/Asian candidates with lower
       | academic scores. That is wrong and it's discrimination on the
       | sole basis of the color of your skin.
       | 
       | The real fight needs to be about fixing our education system so
       | every kid of every race and everywhere gets the same high quality
       | education. It means giving parents school choice to take their
       | kids to private school instead of the poorly run public schools
       | that may be near them. It means raising the standards for
       | training teachers so they can have real workable educational
       | tools to make sure their students succeed.
       | 
       | You can't fix this broken system with more racism, and it was
       | wrong to try to do so.
        
       | SaintSeiya wrote:
       | Good: race, gender, religious beliefs, sexual orientation, etc
       | should not be used as an advantage, or disadvantage in totally
       | unrelated matters (education, work, etc)
        
         | [deleted]
        
       | onetimeusename wrote:
       | I got an email about this from my university president expressing
       | his disappointment with the ruling. He assured everyone the
       | campus will continue to strive for more racial diversity and that
       | this ruling is a hindrance to that goal because race based
       | discrimination is a good thing for achieving diversity.
       | 
       | The school is already about 25% white in a country that is ~60%
       | white. Is that sufficiently diverse? What is the optimal amount
       | of diversity and why? There are a lot of questions I could ask.
       | But I think it's interesting that schools have announced so
       | strong a commitment to diversity without really explaining what
       | diversity is or how having certain racial demographics results in
       | the best possible outcome. How would you prove that?
       | 
       | I don't think this ruling will have any effect. The schools are
       | pretty clearly committed to diversity, whatever that means and
       | for whatever their reasons may be.
        
       | DeathArrow wrote:
       | [flagged]
        
         | [deleted]
        
       | [deleted]
        
       | 0xbadcafebee wrote:
       | > In other words, the student must be treated based on his or her
       | experiences as an individual -- not on the basis of race.
       | 
       | You... can't. Even if you want to only consider the individual
       | experience, race is deeply tied up with the individual
       | experience. If you _only_ considered race, that would be even
       | more crazy. But you cannot just ignore race, as much as you want
       | to.
        
       | JustBreath wrote:
       | Whatever your opinion about recent supreme court decisions, this
       | has all underscored what has been true for a long time:
       | 
       | Legislating via the judicial branch is a bad idea.
       | 
       | If it only takes 5 out of 9 people to make laws for 600 million,
       | it only takes one seat change to revert them.
       | 
       | (Edit: sorry, 300 - pre-caffeine posting)
        
         | [deleted]
        
         | andrewprock wrote:
         | The judicial branch does not legislate. It interprets existing
         | legislation. In this case they were interpreting the 14th
         | amendment to the US Constitution.
         | 
         | Now, they may not have interpreted it the way you or I would,
         | and they may not have interpreted it correctly. But that is
         | what they do.
        
           | matthewdgreen wrote:
           | "Interpret" is just a word. In practice the Court has
           | enormous power in interpreting laws, to the point where it
           | can completely change the policy that laws implement, or
           | strike them altogether.
           | 
           | We afford deference to the Court because we believe it
           | follows a constrained legal procedure that makes the word
           | "interpret" meaningful: this involves taking into account
           | precedent and past case law. This approach tends to prevent
           | justices from "interpreting" the law in ways that effectively
           | re-write the law according to their instantaneous political
           | preferences. This court is receiving criticism (and serious
           | loss of public approval [1]) because it has abandoned those
           | constraints, and keeps overturning longstanding precedent in
           | ways that _happen to correspond_ to the stated political
           | preferences of the justices (and the politicians that
           | appointed them.)
           | 
           | [1] https://news.gallup.com/poll/4732/supreme-court.aspx
        
         | gotoeleven wrote:
         | Penumbras and emanations of the 4th amendment to allow us to
         | have abortions? Not legislating!
         | 
         | Saying "equal protection of the law" means you have to give
         | people the equal protection of law? OMG legislating from the
         | bench!
         | 
         | The funny thing is that everywhere voters actually have had a
         | chance to vote on affirmative action, they vote it down (Most
         | recently prop 16 in california). Every single time. And yet
         | left wing institutions keep finding a way to worm around
         | whatever the law is. The legislative intent is clearly in
         | agreement with this ruling so these "oh no they're legislating
         | from the bench" arguments are nonsensical.
        
         | kindatrue wrote:
         | This also works in the opposite direction though:
         | 
         | New York has a right to shelter law because of the judicial
         | branch of government. Basically, a pro bono lawsuit and a judge
         | forced NY to have enough shelter space for all people sleeping
         | in the street.
         | 
         | Compare and contrast that to San Francisco (and more broadly
         | California) - where everything can be decided on at the ballot
         | box (like kidney dialysis staffing levels) - which has more
         | people sleeping on the street than all of the UK, and has a
         | wait list of each night of 1000+ for a shelter spot.
         | 
         | Everything has advantages and drawbacks.
        
         | mjh2539 wrote:
         | There's only approximately 330 million of us, but yes, your
         | main point is correct. I think that judicial activism has led
         | to a perversion of both the legislative and the judicial
         | branches. Why try to pass legislation that requires broad
         | consent and lots of work when you can just bank on getting your
         | policies through via the judiciary? At the same time, why
         | constrain the judiciary's decisions on something as irrelevant
         | and inflexible as the constitution?
        
         | notlegislating wrote:
         | The legislation in question (the Civil Rights Act) prohibits
         | all racial discrimination and it was only previous (in my
         | opinion, misguided) Supreme Court decisions that allowed
         | affirmative action as an exception to that in the first place.
        
         | PM_me_your_math wrote:
         | SCOTUS rules on the constitutionality of laws. It doesn't write
         | or institute any laws whatsoever. Now people need to get into
         | college on merit instead of scoring high in the Victim
         | Olympics. That's a great thing for our society.
        
           | malnourish wrote:
           | Did all pre-Affirmative Action college applicants matriculate
           | based on their merits?
        
         | splitstud wrote:
         | [dead]
        
         | topposter32 wrote:
         | I only hear complaints from either side when the tables are
         | turned against them. When its in their favor it's just the
         | right thing to do.
        
           | ellisv wrote:
           | Eh. I think we should be complaining about the court all the
           | time. They're not doing a great job.
        
           | JKCalhoun wrote:
           | Perhaps there are pro-slavery people still complaining about
           | the 13th, 14th and 15th amendment?
        
             | topposter32 wrote:
             | Those amendments were made by the legislature.
        
         | DeathArrow wrote:
         | But somehow, some people only feel the need to mention it when
         | they don't like the result.
        
           | yanderekko wrote:
           | Yep. Roe vs. Wade was one of the most egregious examples of
           | "legislating from the bench" in the latter 20th century? How
           | many people who would hand-wring over recent SCOTUS decisions
           | oppose Roe on these grounds? Or is this a convenient
           | exception? Griswold? How about Lawrence vs. Texas?
        
             | mehlmao wrote:
             | Please explain how Henry Wade could enforce the overturned
             | Texas Penal Code statutes without violating the
             | constitutional right to privacy.
        
               | Aunche wrote:
               | In the right to privacy is so broad that it applies to
               | abortion, it should also apply to self-medicating
               | yourself with narcotics. I'm not saying that
               | decriminalization of drugs is a bad thing, but it's
               | something that obviously shouldn't be decided by the
               | Supreme Court.
        
               | yanderekko wrote:
               | Yep, and if it applies to abortion, why not third-
               | trimester abortion? Why is that relevant to a privacy
               | interest?
               | 
               | Where is the right to privacy in the Constitution, btw?
               | Sounds like the whole thing is legislating from the
               | bench! Maybe we should bring back Lochner-style scrutiny
               | of minimum wage laws under a newly-discovered "right to
               | earn a living"?
        
               | dragonwriter wrote:
               | > Where is the right to privacy in the Constitution, btw?
               | 
               | People inevitably making this argument was actually the
               | primary argument against adopting a Bill of Rights at
               | all, and the Ninth Amendment was the compromise solution
               | to have some enumerated rights while hoping to negate
               | this exact argument.
        
           | ericmay wrote:
           | Right, like how the SCOTUS rejected the Independent State
           | Legislature theory case. Some people were like "we really
           | shouldn't be legislating from the bench", but when the SCOTUS
           | overturned Roe v Wade they cheered it on.
        
             | ellisv wrote:
             | How was rejecting ISL was legislating from the bench?
        
             | JustBreath wrote:
             | > Some people were like "we really shouldn't be legislating
             | from the bench", but when the SCOTUS overturned Roe v Wade
             | they cheered it on.
             | 
             | That's internally consistent. Roe V. Wade _was_ the bench
             | legislation in this case.
             | 
             | The citizenship rights in the constitution were not written
             | or otherwise intended to provide a right to abortions.
             | 
             | Even the concept of privacy the decision was based on is
             | inferred only from the statement "deprive any person of
             | life, liberty, or property, without due process of law."
        
               | mywittyname wrote:
               | The constitution doesn't enumerate every right a citizen
               | has. It's a framework for judges (and congress) to
               | determine what laws can and cannot be applied to
               | citizens. The right to abortion was ruled to be protected
               | by the 4th amendment.
               | 
               | While this case is held up as being the legislating from
               | the bench case, it's really not. We don't generally pass
               | laws that make something legal, except as exceptions to
               | other laws. Saying that government access to a person's
               | medical records is protected by the constitution is
               | _exactly_ the function of SCOTUS.
        
               | lolinder wrote:
               | Justice Ruth Bader Ginsburg would have disagreed with you
               | there, and I think she's more qualified than you to
               | comment on the function of the Court:
               | 
               | > Casual observers of the Supreme Court who came to the
               | Law School to hear Justice Ruth Bader Ginsburg speak
               | about Roe v. Wade likely expected a simple message from
               | the longtime defender of reproductive and women's rights:
               | Roe was a good decision.
               | 
               | > Those more acquainted with Ginsburg and her thoughtful,
               | nuanced approach to difficult legal questions were not
               | surprised, however, to hear her say just the opposite,
               | that Roe was a faulty decision. For Ginsburg, the
               | landmark 1973 Supreme Court decision that affirmed a
               | woman's right to an abortion was too far-reaching and too
               | sweeping, and it gave anti-abortion rights activists a
               | very tangible target to rally against in the four decades
               | since.
               | 
               | > "My criticism of Roe is that it seemed to have stopped
               | the momentum on the side of change," Ginsburg said. She
               | would've preferred that abortion rights be secured more
               | gradually, in a process that included state legislatures
               | and the courts, she added. Ginsburg also was troubled
               | that the focus on Roe was on a right to privacy, rather
               | than women's rights.
               | 
               | https://www.law.uchicago.edu/news/justice-ruth-bader-
               | ginsbur...
        
               | selimthegrim wrote:
               | Ginsburg wanted to reopen the privileges or immunities
               | clause.
        
               | xienze wrote:
               | > The right to abortion was ruled to be protected by the
               | 4th amendment.
               | 
               | The right to abortion is guaranteed by the right to be
               | free from "unreasonable search and seizure." That is
               | literally the best ever example of squinting REALLY hard
               | at the constitution and trying to make something fit. Roe
               | was 100% making a legal argument for abortion to be
               | regulated at the federal level using the most twisted
               | pretzel logic imaginable.
        
               | dragonwriter wrote:
               | > The right to abortion is guaranteed by the right to be
               | free from "unreasonable search and seizure." That is
               | literally the best ever example of squinting REALLY hard
               | at the constitution and trying to make something fit.
               | 
               | No, its just a typo, _Roe_ rested on the Due Process
               | Clause of the 14th Amendment, not any provision of the
               | 4th. "A state criminal abortion statute of the current
               | Texas type, that excepts from criminality only a
               | lifesaving procedure on behalf of the mother, without
               | regard to pregnancy stage and without recognition of the
               | other interests involved, is violative of the Due Process
               | Clause of the Fourteenth Amendment." (It in passing
               | mentions _other_ previous cases relating to privacy
               | rights which found aspects of them other places in the
               | Constitution, including, among many others, the
               | combination of the Fourth and Fifth Amendments in _Terry
               | v. Ohio_ , but no part of the rule articulated in _Roe_
               | purported to be interpreting the Fourth Amendment, only
               | the 14th.)
        
         | gjsman-1000 wrote:
         | The Judicial branch also has the job of ensuring whatever
         | misguided ideas the Legislative branch may come up with,
         | regardless of what they are (Communications Decency Act, anyone
         | here?) are compliant with the US Constitution and other
         | applicable laws.
        
         | devoutsalsa wrote:
         | Laws aren't (and can't) be written to cover all current and
         | future use cases. The judicial branch is meant to provide
         | interpretation of the law.
         | 
         |  _Federal courts enjoy the sole power to interpret the law,
         | determine the constitutionality of the law, and apply it to
         | individual cases. The courts, like Congress, can compel the
         | production of evidence and testimony through the use of a
         | subpoena._
         | 
         | https://www.whitehouse.gov/about-the-white-house/our-governm...
        
           | JustBreath wrote:
           | It's true laws don't account for the future. It's also true
           | that laws can be created and updated by other means and quite
           | often the judicial branch is used as a fast pass extension of
           | the legislative branch.
           | 
           | The problem when you do this - especially on questionable
           | legal arguments - is you're essentially setting up the future
           | to have to fight for that right all over again, as we've seen
           | with Roe v. Wade.
           | 
           | You can't take a section of the constitution that's about
           | citizenship, infer a right to privacy and then extend that to
           | abortion and not expect that flimsy foundation to be
           | challenged later when the right 5 people happen to be
           | present.
        
         | damnesian wrote:
         | >Legislating via the judicial branch is a bad idea.
         | 
         | If the Citizens United decision didn't teach us that, nothing
         | will.
        
         | kjfarm wrote:
         | I completely agree with legislation via judicial branch being a
         | bad idea. However, affirmative action isn't legislation. This
         | is judicial review striking down policy (executive branch
         | interpretation and implementation of legislation)
         | https://en.wikipedia.org/wiki/Affirmative_action
         | https://www.history.com/topics/us-government-and-politics/af...
        
           | alsaaro wrote:
           | Judicial review has upheld the constitutionality of
           | affirmative action policies for 40+ years, what changed is
           | the composition of the Supreme Court and its related
           | willingness to legislate from the bench -- abandoning stare
           | decisis and judicial restraint.
           | 
           | We saw this with Roe last year.
        
             | newacct3 wrote:
             | What also changed was the timing of the decision, see
             | O'Connor's "25 years" comment
        
               | alsaaro wrote:
               | Remember the Supreme Court upheld the legality of
               | affirmative action in 2016 in Fisher v. UT-Austin, and
               | two lower courts upheld the legality of affirmative
               | action in this particular decision.
               | 
               | What changed is the make-up of the court; otherwise,
               | apparently affirmative action's unconstitutionality was
               | just realized like a revelation from God and every
               | previous court (federal and Supreme) was wrong.
               | 
               | Racial rancor, and racism in general -- anti black racism
               | in particular -- has probably increased since 2003; at
               | least in the public sphere - hopefully this ruling is not
               | a part of that milieu.
        
             | MichaelZuo wrote:
             | Regardless of whatever the political currents are, it's
             | sensible policy to strike down every pseudo law that
             | doesn't have legislative backing of some kind.
             | 
             | If they only selectively struck them down in favor of one
             | group or another, then that would be a different matter.
        
               | engineer_22 wrote:
               | The greater corpus of American law is based on case law,
               | meaning it is based on court decisions. It is a common
               | law system.
               | 
               | This is in juxtaposition to civil law systems that are
               | based on codified legislation, for example in France or
               | Germany.
        
               | MichaelZuo wrote:
               | Most case law is based on some kind of legislative output
               | directly or indirectly via other case law. That's well
               | known.
        
             | JustBreath wrote:
             | Agree except for the "willingness to legislate" changing.
             | 
             | That's been in place for a LONG time, it dates all the way
             | back to the separation of church and state decision being
             | based on a letter Thomas Jefferson wrote.
             | 
             | Hell Roe v. Wade itself is an example.
        
             | [deleted]
        
             | COGlory wrote:
             | Some of the original Supreme Court cases upholding these
             | policies went so far as to say that in the future, these
             | exact things should be revisited because they were trying
             | to bandage over decades of institutional racism.
             | 
             | https://gspp.berkeley.edu/research-and-
             | impact/publications/w...
             | 
             | > In her opinion in Grutter v. Bollinger, Justice Sandra
             | Day O'Connor concluded that affirmative action in college
             | admissions is justifiable, but not in perpetuity: "We
             | expect that 25 years from now, the use of racial
             | preferences will no longer be necessary to further the
             | interest [in student body diversity] approved today."
             | 
             | There are lots of criticisms of the SC, but I don't see why
             | everything they rule should be absolute ground truth
             | forever. They can (and do) revisit cases for good reason.
        
               | lost_tourist wrote:
               | I think it's mostly about the current MAGA heavy SCOTUS
               | though that got there mostly by duplicity and
               | hamstringing Senate procedures and pure luck. The judges
               | weren't selected for talent, they were selected for an
               | agenda.
        
               | Clubber wrote:
               | >I think it's mostly about the current MAGA heavy SCOTUS
               | 
               | That's modern liberal opinion news talking. It's about
               | law. AA is a direct contradiction to the 14th amendment
               | and it dilutes it. I'm sure just about everyone,
               | including previously and currently oppressed minorities
               | would prefer the protections of 14th amendment over the
               | protections of AA.
        
             | localplume wrote:
             | [dead]
        
             | paulvnickerson wrote:
             | Striking down Roa v Wade was an example of undoing such
             | "legislating from the branch." The original Roe v Wade
             | created in effect a new federal law, and last year's
             | decision struck that down.
        
             | AYBABTME wrote:
             | I'm on the more liberal side of the spectrum, yet it's
             | unfair to say that _this_ SCOTUS has been legislating from
             | the bench. The prior Democratic balance of SCOTUS did
             | exactly the same and stretched very widely the definition
             | of things to fit modern progressive ideals. In my opinion,
             | politicians should have made Roe v. Wade into law instead
             | of relying on SCOTUS to legis-interpret in their favor
             | indefinitely.
             | 
             | I don't like many recent rulings from SCOTUS, but
             | intellectual honesty forces me to admit that when the
             | pendulum was on the other side, the same thing happened
             | with different allegiances.
        
               | NeRF_ornothing wrote:
               | As far as I can tell, the last time the supreme court of
               | the united states had a majority of members appointed by
               | a democratic president was in 1969.
        
               | alsaaro wrote:
               | There was hasn't been a "prior Democratic balance of
               | SCOTUS" the SCOTUS has been firmly conservative since
               | Rehnquist (1986) and probably before that. What is
               | notable about this Robert's Court, is that they have
               | overturned rulings affirmed by other conservative courts
               | and even their own recent rulings!
               | 
               | Almost as if the Robert's court concluded there is no
               | point in being powerful if you can't rule, even though
               | ruling is beyond the scope of all courts.
               | 
               | As for Roe V. Wade being codified, this was a moot point
               | at the time because you had a Constitutional right to an
               | abortion -- your right to an abortion was codified in the
               | Constitution, a law would have been redundant.
        
               | GloomyBoots wrote:
               | No it wasn't. You had a constitutional right to privacy,
               | not to abortion. It was obviously tenuous reasoning at
               | the time, and its shaky footing hasn't exactly been a
               | secret ever since. Roe should have been codified into law
               | if we really wanted to keep it around long term.
        
               | AYBABTME wrote:
               | Alright, prior SCOTUS had a more democratic balance, and
               | at a minimum ruled more often than now in fairly tenuous
               | ways in favor of progressive ideals. The end result was
               | stuff I liked more than what they rule today, but them
               | having voted in my camp doesn't mean I believe it was the
               | right thing.
               | 
               | I think when the status quo requires on someone's
               | stretched interpretation of a series of things, and this
               | status quo is very important to people, it's on lawmakers
               | to make the rules unambiguous.
        
             | legitster wrote:
             | Well, in both cases, the decisions at the time implied that
             | they were temporary.
             | 
             | A lot of the logic of Roe v Wade was based on viability
             | outside of a womb based on medical science of the time.
             | 
             | Right in the decision of affirmative action there is
             | admission that it will need to be revisited.
        
               | mcpackieh wrote:
               | Roe v Wade's trimester system, like virtually all
               | abortion cutoffs, was essentially arbitrary. Calibrated
               | to fit what their gut felt was right. For evidence of
               | this, look at the abortion cutoffs in Europe, nearly
               | every European country has a different cutoff from the
               | others. In Germany it's 12 weeks and in the UK it's 24.
               | It's all over the place. If these cutoffs were based on
               | science there shouldn't be this much spread.
        
           | DonsDiscountGas wrote:
           | Racial discrimination has been explicitly illegal, and
           | affirmative action - as currently practiced - is racial
           | discrimination. You're right that it's not legislation, it's
           | straight up illegal. The courts have been tying themselves in
           | knots around this but somebody finally just read the law. If
           | Congress wants to make some kinds of racial discrimination
           | legal, they need to actually pass a law saying so.
           | 
           | The original usage of the phrase is reasonable enough[0], but
           | that's not what this lawsuit was about.
           | 
           | [0] > On March 6, 1961, shortly after taking office,
           | President John F. Kennedy signed Executive Order 10925, which
           | required all federal contractors to take "affirmative action"
           | --the first use of the phrase in this context--to ensure all
           | job applicants and employees were treated equally, regardless
           | of race, creed, color or national origin.
           | https://www.history.com/topics/us-government-and-
           | politics/af...
        
           | eli wrote:
           | Yes, exactly: it's a policy decision. Congress could pass a
           | law altering what affirmative action is allowed if they
           | wanted a different policy.
        
             | gnicholas wrote:
             | Often this is true, but this case was decided based on
             | constitutional interpretation of the 14th Amendment.
             | 
             | Congress cannot override this with a law. It would require
             | an amendment to the Constitution, which is more involved.
             | Considering that not even CA could pass a law to allow
             | affirmative action in higher education, it would be
             | impossible for such an amendment to be passed and ratified
             | by the states.
        
               | dragonwriter wrote:
               | > Often this is true, but this case was decided based on
               | constitutional interpretation of the 14th Amendment.
               | 
               | The main opinion was actually following a line of cases
               | using 14th Amendment jurisprudence to guide the
               | interpetation of similar text in Title VI of the the
               | Civil Rights Act of 1964, so, yes, Congress can override
               | it by changing the text of the statute, which is in
               | principal what is actually being applied.
               | 
               | The portion of the 14th Amendment whose interprtation was
               | imported doesn't bind either private actors or the
               | federal government, so isn't directly applicable on its
               | own.
        
               | gnicholas wrote:
               | Hm, that's not my reading of the case, in particular this
               | sentence from page 2 (the Syllabus):
               | 
               | > _Held: Harvard's and UNC's admissions programs violate
               | the Equal Protection Clause of the Fourteenth Amendment._
               | 
               | The concurrence by Gorsuch also makes clear that the
               | majority opinion was based on the Constitution, not Title
               | VI.
               | 
               | > _Today, the Court holds that the Equal Protection
               | Clause of the Fourteenth Amendment does not tolerate this
               | practice. I write to emphasize that Title VI of the Civil
               | Rights Act of 1964 does not either._
               | 
               | What are you seeing that indicates that the majority
               | opinion was based on Title VI?
        
         | VoodooJuJu wrote:
         | The judicial branch does not make laws.
         | 
         | You're implying that the judicial branch legislated in this
         | case.
         | 
         | They did no such thing.
         | 
         | They interpreted existing laws for a particular case, gave
         | their judgement, and applied the existing law.
         | 
         | Indeed, legislating via the judicial branch is a bad idea, and
         | so it's a good thing that they do not and are not able to.
        
           | joshuaissac wrote:
           | > The judicial branch does not make laws.
           | 
           | > They interpreted existing laws for a particular case, gave
           | their judgement, and applied the existing law.
           | 
           | This is not how it works in common law jurisdictions. Common
           | law judges can and do make law. This is called case law (or
           | common law), in contrast to statute law that is enacted by
           | the legislature. That goes beyond just interpreting statute
           | law but also making new laws where they do not exist. Common
           | law offences, for example, are crimes declared as such by
           | judges even when there is no statute criminalising that
           | conduct. Most of the existing contract law has been made by
           | judges rather than by legislators.
        
             | cvoss wrote:
             | This is just a dispute of semantics over what the word
             | "law" means. The fact remains that the United States
             | government has been designed from the start to have
             | legislative bodies that pass statutes, and judicial bodies
             | which do not pass statutes. If judicial bodies effectively
             | pass or amend statutes by exercising too much control, then
             | we have a fundamental breakdown occurring with respect to
             | the design of the system.
        
           | mywittyname wrote:
           | They kind of do. Federal judges have a great deal of latitude
           | in what they are allowed to accomplish with a ruling. They
           | have the power to effectively change the text of a law to
           | mean what the judge says it should mean (granted, it must
           | also pass appeal).
           | 
           | It has been a problem for decades now that Congress will pass
           | laws that aren't well thought out, then leave it to the
           | judiciary to iron out the specifics. It's only recently that
           | members of the judiciary began pushing back and ruling on the
           | text of the law and saying the legislators should "fix" the
           | obvious problems with the law.
           | 
           | The term for this is colloquially, "legislating from the
           | bench."
        
           | theratattack wrote:
           | > They interpreted existing laws
           | 
           | In the dissent at least, the court is very much interpreting
           | court precedent and almost entirely ignoring the law itself
        
             | polski-g wrote:
             | Liberal SCOTUS opinions talk a lot about morality and
             | societal harm, rarely about the legality of the subject at
             | hand. It is Congress' job to deal with morality and harm,
             | not the judicial branch.
        
               | koolba wrote:
               | The Jackson dissent opener is a great example of this:
               | 
               | > Gulf-sized race-based gaps exist with respect to the
               | health, wealth, and well-being of American citizens. They
               | were created in the distant past, but have indisputably
               | been passed down to the present day through the genera-
               | tions. Every moment these gaps persist is a moment in
               | which this great country falls short of actualizing one
               | of its foundational principles--the "self-evident" truth
               | that all of us are created equal.
               | 
               | Apparently anything that doesn't further a final state of
               | equality of outcome is inherently racist and it's the
               | governments job to make that happen.
        
               | eli wrote:
               | Conservatives also care deeply about morality and
               | society, but their opinions often hide behind whatever
               | legal interpretation gives them the policy outcome they
               | desire.
               | 
               | Thomas is a textualist when the text is favorable. If
               | it's not, suddenly historical context and the founder's
               | intent becomes crucial.
        
           | renewiltord wrote:
           | This is a legal fiction. Both abortion and affirmative action
           | were legislated from the bench. That's how they came to be.
           | It's a classic thing. Having come to the conclusion that some
           | thing should be law, the composition of the bench determines
           | whether sufficient justification can be found. Then these
           | decisions have the weight of law.
           | 
           | It is a defacto Politburo - a long lived legislative body of
           | ultimate authority that has a rolling composition not
           | determined by direct electoral results.
           | 
           | We can point to the legal fiction that the judiciary is not
           | the legislature all we want but it walks like a duck and
           | quacks like a duck.
        
             | Supermancho wrote:
             | > the composition of the bench determines whether
             | sufficient justification can be found.
             | 
             | You're under the mistaken impression that justifications
             | are a prerequisite. Any court can find justification for
             | any ruling in whatever way they see fit. Yes, lower judges
             | have been remove for questionable decisions. SCOTUS is
             | above that, as a lifetime appointment. Sometimes rulings
             | come with no justification at all. SCOTUS has been trying
             | to explain itself via these public "opinions", but is not
             | required to do so.
        
         | jl6 wrote:
         | 600 million?
        
           | DeathArrow wrote:
           | Not yet.
        
         | kickout wrote:
         | The population of the US is roughly ~330M
        
           | PopAlongKid wrote:
           | But don't forget to add corporations to the total, because
           | they are people too according to SCOTUS.
        
             | ketzu wrote:
             | I see multiple ways of interpreting what you said:
             | 
             | 1. SCOTUS considers corporations 'natural persons' in their
             | decisions
             | 
             | 2. SCOTUS considers 'corporate personhood' to encompass too
             | many rights, you believe should be exclusive for 'natural
             | persons'
             | 
             | 3. Possible misunderstanding around the term 'corporate
             | personhood'
             | 
             | Could you clarify a bit? I've seen a lot of (3.) on
             | discussions around this, while claiming essentially (1.)
             | happens or (2.) is what peopel try to complain about.
        
               | ghaff wrote:
               | IMO, a lot of people who didn't like the decision
               | (whether because of which justices decided it or for some
               | other reason) latched onto the "SCOTUS decided that
               | corporations are people" shorthand because it seems
               | absurd taken literally. Corporations are clearly not
               | people (natural persons) the way you and I are.
               | 
               | But saying that corporate personhood shouldn't include
               | political donations as part of their free speech rights,
               | while a perfectly reasonable position and I might even
               | agree, doesn't make as good a soundbite.
        
             | OkayPhysicist wrote:
             | When you really think about it, Citizen's United makes a
             | lot of sense as a decision. It seems self evident to me
             | that a non-profit trying to, say, save the local wetlands,
             | should be able to make political statements like "Don't
             | vote for Dave, Dave wants to pave our wetlands". Likewise,
             | labor unions should be able to campaign against politicians
             | trying to attack their ability to exist. Okay, so, only
             | non-profit enterprises can engage in political speech. That
             | still leaves you with the whole PAC thing, but maybe it's
             | an improvement. What about Creedance Clearwater Revival? Or
             | Al Gore's An Inconvenient Truth? Their art was certainly
             | political, does that mean they should be barred from
             | selling it?
        
             | ghaff wrote:
             | Corporations have had certain characteristics of people as
             | long as they've existed. Do you want a corporation to be
             | able to enter a contract that isn't with a specific person
             | within the corporation, for example? Corporations also have
             | freedom of the press/freedom of speech. The question in
             | that decision was whether political spending by
             | corporations was part of the free speech right. There's no
             | question more broadly that corporations can put out a press
             | release saying more or less anything (truthful) that they
             | want.
             | 
             | This is a really lazy trope whatever you think of the
             | specific decision's result (or the reasoning).
        
               | mcpackieh wrote:
               | > _The question in that decision was whether political
               | spending by corporations was part of the free speech
               | right. There 's no question more broadly that
               | corporations can put out a press release saying more or
               | less anything (truthful) that they want._
               | 
               | The "political spending" in the case of Citizens United
               | was the production and dissemination of a propaganda
               | film. If the release of a film can be restricted, why not
               | a press release as well?
               | 
               | From wikipedia: _" Broadcasting the film would have been
               | a violation of the 2002 Bipartisan Campaign Reform Act,
               | which prohibited any corporation, non-profit
               | organization, or labor union from making an
               | "electioneering communication" within 30 days of a
               | primary or 60 days of an election, or making any
               | expenditure advocating the election or defeat of a
               | candidate at any time."_
               | 
               | If the law bans "electioneering communication", could not
               | an electioneering press release be considered such a
               | banned communication as well?
        
               | ghaff wrote:
               | You're probably right. Most of the attention has focused
               | on the financial angle. That said, organizations do have
               | pretty broad latitude to advocate for laws and other
               | outcomes. Conservation organizations do it all the time
               | for example.
        
           | sproketboy wrote:
           | [dead]
        
         | baron816 wrote:
         | > 600 million
         | 
         | You mean 330 million?
        
         | kenjackson wrote:
         | I don't love the decision, but I actually like the process. And
         | I don't think it is legislating. It is interpreting the law.
         | 
         | I'd like term limits on Supreme Court justices. But I think the
         | arguments on both sides of this debate are well thought out.
         | 
         | Again I don't love the decision, but Im OK with it. That said
         | I'd love to see universities stop giving weight to legacies.
         | But the money is just too strong.
        
           | zapataband1 wrote:
           | When a neoconservative spends his life petitioning courts for
           | this exact result instead of petitioning anyone in
           | congress... it feels like dirty legislating. Part of it is
           | because our congress is dreadfully inept.
        
             | zoklet-enjoyer wrote:
             | Congress has more important issues to deal with, such as
             | making it illegal to participate in any programs involving
             | extraterrestrial craft without notifying Congress
        
             | malnourish wrote:
             | Our federal congress was dragged into ineptitude by a group
             | of people who refuse to legislate or collaborate and would
             | rather confirm judges.
             | 
             | Some states are getting legislation done. Minnesota, for
             | example, but same too with states that rapidly passed
             | abortion curbs.
        
             | NoRelToEmber wrote:
             | He didn't petition congress because congress already
             | legislated on this issue: neither the 14th amendment nor
             | the civil rights act contain exceptions allowing racial
             | discrimination, as long as it's for the right cause (and
             | the courts get to pick which causes are right).
        
           | ellisv wrote:
           | > I don't love the decision, but I actually like the process.
           | And I don't think it is legislating. It is interpreting the
           | law.
           | 
           | I think this is naive. Roberts is not "calling balls and
           | strikes" despite what he would have you believe. The
           | conservative wing of the court has been willing to adopt a
           | range of interpretations to accommodate their outcome.
           | 
           | It's not just setting aside precedent but their increased use
           | of emergency motions (shadow docket) to issue orders without
           | explanation.
        
           | lordloki wrote:
           | Legacies aren't just about money. They are the "connections"
           | that make elite universities beneficial to undergrads.
        
         | ralusek wrote:
         | They aren't legislating from the bench. Legislating from the
         | bench is the opposite of what is being done here. The role of
         | the judicial is to look at laws and actions and determine if
         | they're legal within the meta framework. That is what was done
         | here.
        
         | londons_explore wrote:
         | > Legislating via the judicial branch is a bad idea.
         | 
         | Perhaps, if there is no 75% majority of opinions at the supreme
         | court, then the case is just put on hold indefinitely until new
         | clarifying laws are passed?
        
           | solardev wrote:
           | Even if 100% of the court agreed, 9 people can't possibly
           | represent 300 million in any representative way.
           | 
           | Even Congress with 535 representatives isn't many. One
           | representative for each 600,000 citizens? When was the last
           | time a thousand Americans agreed on anything, much less half
           | a million?
           | 
           | We have one of the worst ratios in the world: https://en.wiki
           | pedia.org/wiki/List_of_legislatures_by_number...
           | 
           | Edit: And the SC isn't representative anyway. They're
           | appointed by the elites for the benefit of the ruling party,
           | and there's a lot of politicking for those seats. Way too
           | much power and corruption -- for life. The institution itself
           | is a problem.
        
             | londons_explore wrote:
             | > 9 people can't possibly represent 300 million in any
             | representative way.
             | 
             | If they were 9 randomly selected citizens, then the
             | majority vote of the 9 matches the result of a majority
             | vote of the 300 million nearly always, particularly for
             | decisive issues.
             | 
             | For example, if 90% of the population think something, then
             | there is a 0.089% chance that a majority of the 9 citizens
             | disagree.
             | 
             | Obviously judge selection isn't random, and thats probably
             | your main concern.
        
             | OkayPhysicist wrote:
             | The SC is, by design, a little undemocratic. They're a
             | check against the more democratic parts of the government,
             | with the limitation that they basically can only make
             | things legal. Since the default is that people are free to
             | do whatever, laws can only restrict people's abilities to
             | do stuff. The Supreme Court gets to shoot down laws, so
             | they can only let us do more stuff.
        
             | catiopatio wrote:
             | They're not supposed to be representative.
             | 
             | Democracy isn't perfect, and they're a check against some
             | of the failings of the system.
             | 
             | Frankly, I'm shocked at how upset some of you are over
             | racial discrimination being banned.
        
               | fzeroracer wrote:
               | The court is perfectly fine with discrimination as long
               | as it fits their neocon views (see: Cakeshop vs
               | Colorado), or as long as their donors pay them enough
               | favors.
        
               | catiopatio wrote:
               | That's a reductive view of the laws and cases involved.
               | 
               | The cakeshop case was about compelled speech, and the
               | conservative justices' politics are not "neocon".
        
               | fzeroracer wrote:
               | Discrimination is discrimination, no matter how you try
               | to slice it. The compelled speech argument was a line of
               | bullshit to discriminate against customers because it all
               | hinged on their religious right to discriminate against
               | people they did not like. That's the crux of it all.
        
               | solardev wrote:
               | There's not really checks and balances when all three
               | branches are in cahoots for the benefit of party over
               | people, primarily won through electoral shenanigans and
               | political games. We literally have a system that
               | continously overrules the will of the majority with a
               | small group of electoral elites, justified using some
               | byzantine algorithm of electoral boundaries. That isn't a
               | democracy, it's a farce.
               | 
               | I don't really care about affirmative action much one way
               | or the other. I care about the lack of representation in
               | my so called democracy, and the Supremes are a huge part
               | of that problem.
        
               | catiopatio wrote:
               | > We literally have a system that continously overrules
               | the will of the majority ... That isn't a democracy, it's
               | a farce.
               | 
               | Avoiding the tyranny of the majority is a major reason we
               | _intentionally_ don't have direct democracy.
        
               | solardev wrote:
               | Through a legal framework enumerating basic inalienable
               | rights, perhaps. But substituting a tyranny of the
               | majority for a tyranny of the minority isn't an
               | improvement.
        
           | JustBreath wrote:
           | I'm agree in essence, some kind of stipulation needs to be
           | applied to supreme court decisions that incentivizes or
           | outright requires the other houses to apply a more permanent
           | solution.
        
         | cvoss wrote:
         | Whether to a sufficient degree or not, SCOTUS agrees with you
         | on this point and exercises a strong reluctance to second-guess
         | past generations of itself, especially on statutory (as opposed
         | to constitutional) matters, since it is theoretically easy for
         | Congress to amend its own statutes if ever Congress should
         | disagree with how the Court has interpreted them.
         | 
         | Indeed, just today, SCOTUS also released a unanimous opinion
         | protecting a person's religious rights against his employer
         | [1]. Sotomayor and Jackson left an addendum pointing out that
         | this man had asked them to overrule a 50-year precedent in
         | interpreting a law, and they explicitly chose not to do so
         | (though they ruled in his favor in a different, narrower way)
         | precisely for the reason I mentioned about Congress having the
         | opportunity to correct the matter if they so choose.
         | 
         | The "liberal" justices usually get the most flack for
         | "legislating from the bench" (although arguments can be made
         | that the "conservative" ones do it too). But here we have the
         | most liberal justice on the Court saying "The Court's respect
         | for Congress's decision not to intervene promotes the
         | separation of powers by requiring interested parties to resort
         | to the legislative rather than the judicial process to achieve
         | their policy goals."
         | 
         | If I could air a very broad-brush opinion, complaints people
         | have about SCOTUS being a partisan institution these days are
         | best levied against Congress (and litigants) for how they treat
         | the Court, not against the Court for its own behavior. When
         | people express low confidence in the Court, I'm always eager to
         | see them aim their low confidence at Congress instead of (not
         | in addition to) the Court.
         | 
         | [1] https://www.supremecourt.gov/opinions/22pdf/22-174_k536.pdf
        
       | sebow wrote:
       | Took them long enough to rule against this >actual<
       | racist(/discriminatory) policy masked under the pretense of
       | "helping" marginalized people through identity politics. It's
       | never too late, but you have to wonder how much damage american
       | meritocracy has already taken under this.
        
       | pjc50 wrote:
       | That won't stop people complaining about it.
        
       | mahdi7d1 wrote:
       | I never understood why are people against standardized testing. I
       | would rather fail test than be judged by someone then deemed not
       | worthy.
        
         | accra4rx wrote:
         | exactly. I have a kid in 4th grade . He got bad grades all year
         | in his internal assessments. All the teacher would do is circle
         | out the mistakes for silly mistakes. My kid scored a 96
         | percentile , toping all the 4th grader in his school My kid
         | knows how to solve and understand the concepts just lack in
         | describing it. I completely favor standardize test as there was
         | no person involved to judge (who can also be biased).
        
         | fullshark wrote:
         | I'm against building an entire education system around having
         | children excel at standardized tests. Which is basically what
         | will happen if it's the sole determinant of ability for
         | universities.
        
         | lost_tourist wrote:
         | I'm confused, isn't that what SAT and ACT are?
        
       | psychphysic wrote:
       | Good. I'd be sickened to hear I got a lucrative opportunity
       | because of the colour of my skin (which incidentally is not white
       | and I'm not oriental so I'd guess I'd have benefitted from
       | affirmative action if it was present where I grew up).
        
         | xyzelement wrote:
         | If you read some of the comments here, you'd see that colleges
         | have been discriminating _against_ Asians.
         | 
         | As a group asian Americans have had no trouble being over
         | represented in colleges based on purely merit.
        
           | psychphysic wrote:
           | I think there is likely differences in how we use phrases
           | like Asian and oriental.
           | 
           | Basically as far as I know AA was intended to give places to
           | people like me.
           | 
           | But I would not have accepted if I had any idea I was not
           | admitted on achievement alone.
        
           | dahwolf wrote:
           | Which weakens the systemic racism thesis, hence we don't talk
           | about it.
        
       | mucle6 wrote:
       | I can see the social good of admitting disadvantaged groups, but
       | how does it help the individual colleges?
       | 
       | I can't come up with a clear path from increased diversity to
       | increased profitability.
       | 
       | I must be missing something because for profit entities don't do
       | things out of the kindness of their heart.
        
         | ketchupdebugger wrote:
         | yes but Harvard is not a for profit entity.
        
           | mucle6 wrote:
           | I still find it hard to believe Harvard, with a 50 Billion
           | dollar endowment decided to do something good for society if
           | they though it would hurt them. I feel like colleges must
           | have data to show bottom line benefits for affirmative action
        
       | cod1r wrote:
       | High quality education and resources being gate-kept makes less
       | sense moving forward. Easiest solution is to let a LOT more
       | people in regardless of background. Letting more people in means
       | you get more money anyways. Who cares if letting in more people
       | makes things less "elite". Elitism is cringe.
        
       | Flatcircle wrote:
       | What does this mean in practice?
        
         | mchannon wrote:
         | Double-digit increases of Asian students at top tier
         | universities, primarily coming from decreases of nonwhite
         | students.
         | 
         | Probably a modest reverse version of that at the lower tier
         | universities.
         | 
         | Love the policy change or hate it, that's what's likely to
         | happen.
        
           | local_crmdgeon wrote:
           | >primarily coming from decreases of nonwhite students.
           | 
           | Asians aren't White.
        
             | tekla wrote:
             | They are when trying to prove that minorities on the whole
             | are discriminated against.
        
           | legutierr wrote:
           | > primarily coming from decreases of nonwhite students
           | 
           | Given the actual numbers, its more likely that the largest
           | number of applicants negatively affected by this will be
           | white, in absolute terms.
        
             | mchannon wrote:
             | To the contrary, Stanford, for instance, has ~22% of its
             | student body "White or Caucasian", when it used to be 40%
             | in 2016. This swing didn't occur simply because white
             | students stopped applying.
             | 
             | https://stanfordreview.org/stanfords-racial-engineering/
             | 
             | Stanford might be an outlier, but I don't see white
             | applicants being negatively affected by this decision.
             | Quite the opposite.
        
           | csa wrote:
           | > Double-digit increases of Asian students at top tier
           | universities, primarily coming from decreases of nonwhite
           | students.
           | 
           | I will gladly bet the under on double digits for Ivies, MIT,
           | and Stanford.
           | 
           | 5% max, possibly as little as 2% -- that is, 26% might
           | increase to 31%, but more likely 28%-29%.
           | 
           | Whatever the number is, the increase for whites will probably
           | be greater in both percentage and absolute number.
           | 
           | That said, I agree that the demographics that will lose these
           | spots are non-white, non-Asian groups.
        
         | AuryGlenz wrote:
         | Universities will come up with other justifications to keep
         | their racial diversity high. If you're from a certain area,
         | single parent household, went to certain schools, etc.
         | 
         | Eventually some university will get sued for that, and we'll
         | see how the Supreme Court rules. I imagine it'll depend on how
         | egregious it is, and if there are any internal emails where
         | admissions are openly talking about it.
        
         | john013 wrote:
         | [dead]
        
         | hackeraccount wrote:
         | Just to echo what other people replied. Law is over rated.
         | 
         | If people are really interested in doing something - whether
         | that's discriminating against Black people or discriminating in
         | favor of Black people - they're probably going to find a way to
         | do it. Laws will make a difference on the margins but if there
         | are motivated people then they are going to start trying to
         | work around this ruling today.
         | 
         | The biggest effect of this ruling is that it's a marker to let
         | people know that opposition to affirmative action is serious.
         | That will have more of an impact then the ruling itself.
        
         | kenjackson wrote:
         | At top elite schools fewer blacks, fewer Latinos. Slightly
         | fewer whites. More Asians.
         | 
         | In relative numbers it probably impacts less than .1% of all
         | students one way or another.
        
         | asianavenyc wrote:
         | Historically: Colleges were mostly establishment (liberal or
         | otherwise)
         | 
         | 1990s and 2000s: Asians do well on exams (and in workplace),
         | take ever greater % of sets from establishment, competitively
         | 
         | 2010s: Establishment realize that "BLM" and aim to give Asian
         | seats to PoC, while also conveniently setting proportionately
         | lower quotas for Asians so establishment retains seats they
         | were losing
         | 
         | 2020s: New ways found to prevent Asians from competitively
         | winning seats (e.g., roadblocks on registration, etc)
        
         | HDThoreaun wrote:
         | more asians, less blacks and a bit less latinos at top schools,
         | especially private ones. Will be interesting to see if they
         | move toward an income based affirmative action.
        
           | zephyrus1985 wrote:
           | [flagged]
        
           | breakingrules wrote:
           | [dead]
        
           | purpleblue wrote:
           | Asians are the poorest demographic in NYC, and yet score the
           | highest in testing. So, activists will probably eschew this
           | method as well because it will give Asians preferential
           | treatment which they are loathe to do.
        
           | pc86 wrote:
           | When you say "income based affirmative action" do you mean an
           | increase in need-base grants and scholarships, which already
           | exists, or giving someone preferential admissions treatment
           | _because_ their parents make less money regardless of
           | academic ability?
        
         | geraldwhen wrote:
         | Admissions departments will find proxies for race. The next
         | year of Harvard freshmen will not be majority Asian. The
         | admissions department won't allow that to happen.
        
           | DeathArrow wrote:
           | > Admissions departments will find proxies for race.
           | 
           | And that would be the same thing. If someone can prove it,
           | it's illegal.
        
             | onychomys wrote:
             | A proxy of zip code, maybe. That would be racially blind, a
             | poor white kid in the midst of a poor black neighborhood
             | would be just as likely to get in as their black neighbors
             | would be.
        
             | slibhb wrote:
             | If colleges stop considering standardized tests in order to
             | keep the number of Asians down, is that illegal? Could
             | courts force colleges to keep using the SAT?
        
               | local_crmdgeon wrote:
               | Yes to point one, no to point 2
        
             | kllrnohj wrote:
             | From the SCOTUS opinion:
             | 
             | > "Nothing in this opinion should be construed as
             | prohibiting universities from considering an applicant's
             | discussion of how race affected his or her life, be it
             | through discrimination, inspiration, or otherwise," Roberts
             | wrote.
             | 
             | Sure seems like proxies for race are if anything explicitly
             | called out as being OK by SCOTUS rather than illegal.
        
               | Levitz wrote:
               | Far from it, the point is that the lived experience of
               | the individual matters, just not their race explicitly.
               | 
               | The court recognizes the effects of race and recognizes
               | them as valuable when considering a candidate, just not
               | their race per se. If you allow me to be a bit cheeky, it
               | values the content of their character over the color of
               | their skin.
        
             | supportengineer wrote:
             | What if they required a GPA of less than 4.0?
        
           | mchannon wrote:
           | If true, an in-person English fluency and personality
           | interviewing process, even a supposedly race-blind one, tends
           | to skew heavily against a majority of, but not all, Asian
           | college applicants.
           | 
           | That's probably what your theoretical proxy will look like,
           | if you're correct.
        
             | ryandrake wrote:
             | Sounds like the equally-ridiculous "cultural fit" part of
             | company interviews. Even if candidates pass all the
             | measurable, competence-based criteria for the job,
             | companies have the cultural fit card to play against those
             | candidates for whatever unsavory reason the company wants
             | to exclude them.
        
             | sct202 wrote:
             | This is something that actually got Harvard in trouble as
             | alumni interviews rated Asians roughly similar to Whites,
             | but the personality scores that the admissions offices gave
             | Asians were lower even though they never met the
             | candidates.
             | 
             | "Alumni interviewers give Asian-Americans personal ratings
             | comparable to those of whites. But the admissions office
             | gives them the worst scores of any racial group, often
             | without even meeting them, according to Professor
             | Arcidiacono."
             | 
             | https://www.nytimes.com/2018/06/15/us/harvard-asian-
             | enrollme...
        
         | reducesuffering wrote:
         | It is sad that most comments to this continually focus on the
         | racial identity outcomes.
         | 
         | What this really means is that some students who had better
         | grades and test scores will get into their more preferred
         | university, and some students who had worse grades and scores
         | will have to settle for a more fitting less-preferred
         | university.
        
         | DeathArrow wrote:
         | That discrimination is discouraged in any form or shape.
        
       | A4ET8a8uTh0 wrote:
       | << Eliminating racial discrimination means eliminating all of it.
       | 
       | Yep.
        
         | local_crmdgeon wrote:
         | You cannot solve racism through racism.
        
           | A4ET8a8uTh0 wrote:
           | But if affirmative action is racism, then you can't solve
           | racism at all.
        
       | DeathArrow wrote:
       | Please unflag this.
        
       | TradingPlaces wrote:
       | 1. The largest beneficiaries of admissions policies at elite
       | institutions are legacy admissions of wealth alumni's kids. If
       | SCOTUS wants to interfere with the admissions policies of private
       | institutions based on the equal protections clause, maybe that's
       | a better place to start.
       | 
       | 2. The vast majority of students attend colleges that accept
       | almost everyone.
        
       | mattmg wrote:
       | In Brazil, public universities were dominated by the rich, mainly
       | whites, since the entrance exams required high grades that only
       | those who could pay for expensive exam prep courses would have.
       | 
       | Since 2012, with the Law of Social Quotas, that reality has
       | changed, since 50% of the new admission spots are destined for
       | students coming from public high schools, with further
       | subdivisions for racial minorities based on the demographic
       | makeup of each Brazilian state. Those racial minorities quotas
       | are as high as 30% at some universities.
       | 
       | I could personally see that change, since I did undergrad in
       | engineering 10 years ago, and my colleagues were mainly white.
       | I'm doing another undergrad and my new colleagues come from truly
       | different backgrounds, some are black, poor, from indigenous
       | origin... and that matters because if we don't share the same
       | spaces as universities students, we probably won't share latter
       | on, when occupying spaces of power
        
       | exabrial wrote:
       | The LA Times I feel like is 0 for 2 recently on accurately
       | reporting on the Supreme Court:
       | 
       | > In other words, the student must be treated based on his or her
       | experiences as an individual -- not on the basis of race.
       | 
       | I don't understand why people are freaking out about this?
        
       | newacct3 wrote:
       | Considering the failure and timing of prop 16 and overall makeup
       | of the California electorate compared to rest of country,
       | official discrimination on the basis of race likely won't return
       | in higher ed. Also consider that prop 16 failed by double digits
       | with the pro-discrimination crowd outspending the opposition 19x
       | 
       | What I'm curious about is this: the Harvard decision is wrt a
       | private entity, the court ruled that they discriminated against
       | whites and asians
       | 
       | Could racially discriminatory hiring strategies be next? Could
       | this trigger a wave of litigation?
        
         | danielrhodes wrote:
         | Companies are not allowed to discriminate in their hiring. In
         | other words, it is not legal to have affirmative action in a
         | hiring decision (e.g. only hiring female candidates or only
         | hiring black candidates).
         | 
         | To get around this, companies do a couple things to increase
         | the likelihood of hiring an underrepresented person into a
         | role:
         | 
         | 1) They will quietly try to fill up their candidate pipelines
         | with people who match the criteria they are looking for to
         | increase the likelihood they wind up hiring a candidate who
         | matches.
         | 
         | 2) They will apply the "Rooney Rule" which says at least one
         | person from an underrepresented minority group must be
         | interviewed for a position before a hiring decision can be
         | made.
        
         | hospitalJail wrote:
         | >Could racially discriminatory hiring strategies be next?
         | 
         | As someone who is white, and got 100% job offers from every
         | interview, I wonder if I got it out of discrimination, or I'm
         | so elite and they picked me despite being white.
        
           | adamrezich wrote:
           | I would imagine that the other white candidates for the
           | positions that you got the offer for feel quite differently
        
         | ajonnav wrote:
         | The decision affects private entities that accept some form of
         | federal financial assistance (this is language from Title VI of
         | the 1964 Civil Rights Act), not private entities writ large.
         | Granted, that is still a big bucket.
        
           | newacct3 wrote:
           | There's apparently a bit of overlap between Title VI and
           | Title VII. But will likely have a separate case
           | 
           | > "many of the thought processes and the basic legal
           | principles" are the same, says Daniel Pyne III, an employment
           | specialist at law firm Hopkins & Carley. If the court strikes
           | down race-conscious admissions in education, "that is a
           | strong hint that the same decision might be made" in
           | employment cases
           | 
           | https://www.bloomberg.com/news/newsletters/2023-06-22/suprem.
           | ..
        
         | Eumenes wrote:
         | > Could racially discriminatory hiring strategies be next?
         | 
         | I'm no fan of regulation and government intervention in private
         | business, but its gotten out of control in tech and the
         | corporate world. I've flat out heard hiring managers say
         | they'll only hire a woman, lgbtq, or [certain minority] for
         | certain roles. I've sat in hiring committees where candidates
         | preform horribly, esp compared to others being reviewed at the
         | same time, and get pushed through to offer stage just because
         | of their inalienable characteristics. If these meetings were
         | recorded and leaked to the press, there'd be outrage. These
         | managers talk of human beings like people collect coins or
         | action figures. And HR/Recruiting/C-suite is super complicit in
         | all this, if not actively encouraging it.
        
           | foofoo4u wrote:
           | My employer has stated on company-wide broadcasts that they
           | will use race as a factor for raises and promotions. This
           | blatant racism has to come to an end.
        
           | TheCaptain4815 wrote:
           | So stop being a coward and record and leak those
           | conversations.
        
             | Eumenes wrote:
             | Maybe in 10 years once I've gotten enough to retire. Dont
             | wanna get James Damore'd.
        
               | nsajko wrote:
               | Damore did nothing of the sort.
        
               | crackercrews wrote:
               | You're right, he merely shared his opinion, and look what
               | happened to him! If someone leaked info they would
               | probably face even harsher treatment.
        
           | sbuttgereit wrote:
           | While I agree with your assessment of the situation, even
           | then I wouldn't have a government policy which forces the DEI
           | policies out. If the management, board, and ultimately
           | shareholders of business want to run the most
           | "progressive"/"woke" hiring and HR policies imaginable: they
           | have the right to do so. Mind you I probably wouldn't want to
           | even be a customer of such a company let alone work for it,
           | but a private entity should be able to act as they see their
           | best interest dictates.
        
             | newacct3 wrote:
             | > If the management, board, and ultimately shareholders of
             | business want to run the most "progressive"/"woke" hiring
             | and HR policies imaginable: they have the right to do so
             | 
             | What about title VII banning discrimination on the basis of
             | race (among other factors)? That's outright illegal
             | 
             | There's likely enough ammunition on social media rn for
             | plenty of litigation wrt this
        
         | stcroixx wrote:
         | Oh yeah, it surely will. Time to say goodbye to DIE statements
         | when applying to jobs and forced indoctrination in the
         | workplace. This junk is on borrowed time.
        
           | prottog wrote:
           | Very dystopian, and reminiscent of countless other "social
           | revolutions" that happened in the not-so-distant history, all
           | with terrifying results.
        
       | roody15 wrote:
       | The issue has changed in my lifetime. Originally affirmative
       | action was used to help people who had been systematically
       | discriminated against get into higher learning institutions in an
       | attempt to make up for some of these wrongs.
       | 
       | Although a difficult process I believe most people genuinely
       | believed in the concept.
       | 
       | Fast forward to today and we have a much different framework.
       | Equity.
       | 
       | There is a belief that any group, race, subset of people should
       | have the same outcomes everywhere. This premise is much more
       | controversial and not universally supported.
       | 
       | Should women have the exact same percentage acceptance into
       | computer scientist or welding programs? Or should it be a 50/50
       | split and anything short of that screams discrimination.
       | 
       | It boils down to equal opportunity vs equalized outcomes. They
       | are not same ... one has almost universal support the other seems
       | to be taken directly out of a dystopian novel.
        
         | crackercrews wrote:
         | > There is a belief that any group, race, subset of people
         | should have the same outcomes everywhere.
         | 
         | Of course we need to be more specific than just "percent of
         | population". For example, the average age of whites is older
         | than for minorities. So we shouldn't expect the total
         | population percentage for whites college students to line up
         | with their percent enrollment in college, not in the total
         | adult population.
         | 
         | But considering age is just one factor. Of course we need to
         | consider others in order to be equitable. If Harvard admits
         | students with 1500+ SATs, then shouldn't we be looking at that
         | population? It turns out that population is 43% Asian and 45%
         | white. [1]
         | 
         | Interestingly this lines up with Caltech's percentages almost
         | exactly. UC Berkeley, where affirmative action is banned, has
         | roughly the same percentage of Asian students, but many fewer
         | white students.
         | 
         | 1: https://www.brookings.edu/articles/sat-math-scores-mirror-
         | an...
        
       | dmix wrote:
       | Why is this flagged? Previous discussions were at the top of HN.
        
       | Jun8 wrote:
       | Excellent analysis from Matthew Yglesias:
       | https://www.slowboring.com/p/19-thoughts-on-affirmative-acti...
        
       | TheRealDunkirk wrote:
       | So, legally, does this apply to corporate quotas by extension?
        
         | stjohnswarts wrote:
         | I don't think so, I believe this strictly for college
         | admissions. However, there is no reason it couldn't be cited in
         | future cases along those lines because they're in the same
         | realm of judicial logic.
        
       | endisneigh wrote:
       | I'll need to read the opinion but why not eliminate consideration
       | using all protected statuses (race, color, religion, sex
       | (including pregnancy, sexual orientation, or gender identity),
       | national origin, age (40 or older), disability and genetic
       | information)?
       | 
       | Affirmative action is not just about race. It doesn't make sense
       | that you can discriminate on any protected status to begin with.
       | 
       | In any case I doubt this will change the makeup of schools at
       | all:
       | 
       | > "Nothing in this opinion should be construed as prohibiting
       | universities from considering an applicant's discussion of how
       | race affected his or her life, be it through discrimination,
       | inspiration, or otherwise," Roberts wrote.
        
         | kenjackson wrote:
         | The court tends to rule narrowly. If no one takes the case to
         | the Supreme Court then they won't decide on it.
         | 
         | I'm curious how this case would play out if some males applying
         | to CalTech did this against female applicants. That said I'm
         | not sure how much gender based affirmitive action there is in
         | science/engineering today.
        
           | s1artibartfast wrote:
           | It's not a matter of ruling narrowly. Gender and sex based
           | discrimination is already illegal in admissions.
        
             | gnicholas wrote:
             | Really? Gender-based discrimination is subject to
             | intermediate scrutiny, not strict scrutiny (which is used
             | for race). I thought it was well-known that some schools
             | give boys a leg up because otherwise they would be 60/40
             | girls/boys.
             | 
             | This article [1] indicates that state schools cannot
             | discriminate, but private schools can. It's a decade old,
             | but I can't think of any intervening laws/cases that would
             | have changed this analysis (IAAL).
             | 
             | 1: https://fedsoc.org/commentary/publications/affirmative-
             | actio...
        
           | sowbug wrote:
           | Narrow rulings are central to the process. It's the
           | difference between a "holding" and "dictum." A court can
           | express an opinion about something, but if that opinion
           | wasn't essential to resolve the case before the court, it's
           | nothing more than an opinion, and later/lower courts can
           | ignore that part.
           | 
           | http://www.differencebetween.net/miscellaneous/legal-
           | miscell...
        
           | gchallen wrote:
           | > That said I'm not sure how much gender based affirmitive
           | action there is in science/engineering today.
           | 
           | Potentially quite a bit. Here's some recent data about
           | admissions into the highly-competitive Illinois CS program: h
           | ttps://www.reddit.com/r/UIUC/comments/12kwc4a/uiuc_cs_admis..
           | .
           | 
           | Note that admissions rates for female applicants are higher
           | across all categories--international, out-of-state, and in-
           | state. Obviously you can't fully tell what's going on here
           | without more of an understanding of the strengths of the
           | different pools, but a 10-30% spread (for in-state) suggests
           | that gender is being directly considered.
           | 
           | IANAL, but I'm also concerned about the degree to which this
           | decision affects the use of other factors during college
           | admissions. Fundamentally admissions is a complex balance
           | between prior performance and future potential, and only
           | admitting based on prior performance means that we're stuck
           | perpetuating existing societal inequities.
        
             | kenjackson wrote:
             | I do know that 25 years ago or so there considerable weight
             | given to gender in sciences and engineering. I do feel like
             | all talk of it has disappeared, and wasn't sure if it was
             | because it was no longer a factor or because race became
             | the dominant talking point.
             | 
             | From the data you present I suspect that there is weight
             | still given to gender. I wonder how much energy there would
             | be to investigating this? I wonder how many guys who get
             | rejected from MIT CS will now do Tik Toks about how a girl
             | took his spot, since he can no longer say it was a black
             | kid?
        
               | peterfirefly wrote:
               | Harvey Mudd seems to discriminate heavily in favour of
               | women.
        
         | s1artibartfast wrote:
         | It is already illegial to consider all of the characteristics
         | you mentioned.
         | 
         | Historically, there was a specific legal exemption 14th
         | ammendementment allowing racial discrimination.
         | 
         | This ruling closes the exemption for racial consideration.
         | Discrimination based on other protected statuses remain closed
         | 
         | >Any exceptions to the Equal Protection Clause's guarantee must
         | survive a daunting two-step examination known as "strict
         | scrutiny," first whether the racial classification is used to
         | "further compelling governmental interests," and second whether
         | the government's use of race is "narrowly tailored," i.e.,
         | "necessary," to achieve that interest. Acceptance of race-based
         | state action is rare for a reason.
        
           | endisneigh wrote:
           | This is not true and is more nuanced than you're making it
           | seem. See title 9 and the continued existence of schools like
           | Wellesley college.
        
             | s1artibartfast wrote:
             | I agree that there is nuance, but I think this is still
             | accurate in terms of the ruling. Protected class
             | discrimination is illegal in the absence of the compelling
             | interest.
             | 
             | There are still tons of exemptions and hypocrisy, but in
             | general you typical public university can not discriminate
             | admissions based on sex, gender identity, national origin,
             | age, disability, genetic information, ect.
             | 
             | If a public university instituted a no-gays or no-
             | immigrants admission policy it would be quickly struck down
             | under the status quo, so there is no need to discuss that.
             | 
             | Im not sure how single gender schools fit into the whole
             | scheme. is there a specific case about Wellesley I should
             | look up? I didnt see anything about title 9 challenges on
             | Wikipedia.
        
           | gnicholas wrote:
           | The tests for discrimination based on race and sex are
           | different, and the bar is lower for sex-based discrimination.
        
         | bouncing wrote:
         | > "Nothing in this opinion should be construed as prohibiting
         | universities from considering an applicant's discussion of how
         | race affected his or her life, be it through discrimination,
         | inspiration, or otherwise," Roberts wrote.
         | 
         | That's occurred to me too. Or put more bluntly, the admissions
         | boards who strongly disagree with this ruling will find a way
         | around it by simply putting their own personal bias into essay
         | anecdotes about race.
        
       | wnc3141 wrote:
       | I think it's worth considering how much economic mobility is tied
       | to economic status prior to college. I find a purely race based
       | admission system fails to identify that, and in place gives an
       | easier solution to building diversity compared to giving
       | discounted education to those who can not afford it.
       | 
       | Of course there remains issues of opportunity for students of
       | color, who are more likely than white students from disadvantaged
       | backgrounds. However economic status, or rural/urban based
       | admissions would capture many of these inequalities.
       | 
       | Of course this all comes from a conversation that supposes
       | college should be as scarce as it is, and that the earnings
       | benefit from college should be as large as it is.
        
       | ldehaan wrote:
       | [dead]
        
       | Eumenes wrote:
       | Good - lets do the workplace next.
        
         | local_crmdgeon wrote:
         | Please God, please end the DEI Industrial Complex
        
       | LargeTomato wrote:
       | I applied to university as African American/Black because I'm 1/4
       | Egyptian. I am very white. Some people may guess I'm Jewish (I'm
       | not) but no one guesses African American.
       | 
       | I got into a nice school and I was enrolled in the "minority
       | engineering excellence program". The program was like 25% white
       | kids with "1/16 native American" or "1/8 Spanish". We got free
       | tutoring and we all took an exclusive class just for the program
       | and 100% of us got an A. It was definitely unfair.
       | 
       | Half of the minority engineers just left the program. They were
       | clearly capable of passing engineering school and the minority
       | program was culty and a bit weird. The kids who stayed were
       | dragged through the system with copious free tutoring and paid
       | staff helping them stay on top of their course work. These kids
       | dropped out at Juniors when they would have probably otherwise
       | dropped out as Freshman.
        
         | az226 wrote:
         | In America middle eastern counts as white, not black. But
         | nobody is enforcing these things and now they won't matter
         | because racially discriminating on admissions is illegal.
        
           | selimthegrim wrote:
           | They just broke it out on the census (protip: that was a
           | relic from the time Middle Eastern immigration was mostly
           | Christian)
        
           | ProllyInfamous wrote:
           | As today's ruling "proves" (both concurring and dissenting
           | opinions brought this up): these racial background questions
           | are "self-identified" / self-selected.
        
           | freeAgent wrote:
           | Egypt is in Africa, though. It's literally African.
        
             | az226 wrote:
             | Elon Musk is African American.
        
       | rbrown wrote:
       | why was this flagged?
        
         | ldehaan wrote:
         | [dead]
        
       | kaitai wrote:
       | A white legacy applicant at Harvard is 5 times as likely to be
       | admitted as a non-legacy white applicant. "Our model of
       | admissions shows that roughly three-quarters of white ALDC admits
       | would have been rejected if they had been treated as typical
       | white applicants."
       | 
       | All of you writing that if a Black kid gets admitted then some
       | white or Asian kid gets bumped off are scrapping for the little
       | bits the rich have left to you, while misunderstanding the
       | fundamental mathematics at work. You're pawns. This is the genius
       | of racism -- sow manufactured division among the "little people"
       | so that those on top (of whatever color) can continue comfortably
       | while no one else can rise.
       | 
       | http://public.econ.duke.edu/~psarcidi/legacyathlete.pdf
        
         | Georgelemental wrote:
         | Preferences for wealthy legacy elites are bad. Preferences for
         | people of certain skin colors are also bad.
        
         | verteu wrote:
         | And "over 43%" of white admits are legacy ("ADLC"). I had no
         | idea the proportion was so high!
        
       | Georgelemental wrote:
       | An important nuance from the majority opinion:
       | 
       | > At the same time, as all parties agree, nothing in this opinion
       | should be construed as prohibiting universities from considering
       | an applicant's discussion of how race affected his or her life,
       | be it through discrimination, inspiration, or otherwise. See,
       | e.g., 4 App. in No. 21-707, at 1725-1726, 1741; Tr. of Oral Arg.
       | in No. 20-1199, at 10. But, despite the dissent's assertion to
       | the contrary, universities may not simply establish through
       | application essays or other means the regime we hold unlawful
       | today. (A dissenting opinion is generally not the best source of
       | legal advice on how to comply with the majority opinion.) "[W]hat
       | cannot be done directly cannot be done indirectly. The
       | Constitution deals with substance, not shadows," and the
       | prohibition against racial discrimination is "levelled at the
       | thing, not the name." Cummings v. Missouri, 4 Wall. 277, 325
       | (1867). A benefit to a student who overcame racial
       | discrimination, for example, must be tied to that student's
       | courage and determination. Or a benefit to a student whose
       | heritage or culture motivated him or her to assume a leadership
       | role or attain a particular goal must be tied to that student's
       | unique ability to contribute to the university. In other words,
       | the student must be treated based on his or her experiences as an
       | individual--not on the basis of race.
        
       | adamrezich wrote:
       | if I were a non-white adversarial nation with plenty of high-
       | achieving youth, I would take maximal advantage of this decision
       | and the US's student visa programs by doing everything I could to
       | send as many students from my country to US colleges as
       | absolutely possible, so as to deprive American youth of college
       | education as much as possible.
        
         | filoleg wrote:
         | You better make sure your plan won't backfire and won't lead to
         | a large number of those highly educated youths staying in the
         | US afterwards and contributing to the US economy.
         | 
         | And that's after you, as an adversarial nation, had already
         | spent tons of resources on growing and educating those kids to
         | the quality level high enough to be accepted into those top US
         | colleges, as well as (presumably) paid for the tuition (which
         | for international students can easily become x4 of in-state
         | tuition and x2 of out-of-state).
         | 
         | Heavily investing into a highly efficient brain-drain program
         | might not be as smart of an idea as you believe it is, if you
         | are funding the side of it that drains those brains away from
         | you.
        
       | justrealist wrote:
       | > Sotomayor, the court's first Latina, has been the boldest
       | defender of what she prefers to call "race-sensitive" admission
       | policies and has referred to herself as the "perfect affirmative
       | action child."
       | 
       | That will probably not do a lot to convince those happy with this
       | outcome.
        
         | Levitz wrote:
         | Im really not so sure. I've seen plenty of support for
         | "affirmative action", just not based on race. Most people are
         | more than ok with giving those in need an edge, given their
         | situation, but many are against promoting a rich black person
         | over a poor white one.
         | 
         | And sure, race can serve as a proxy, the black population in
         | the United States is impoverished compared to the mean, but in
         | the same way that it's not acceptable to take race as proxy
         | when it comes to crime, it's not acceptable to do it when it
         | comes to livelihood, in my opinion.
        
         | remarkEon wrote:
         | Sotomayor revealed in oral argument for this very case that she
         | does not understand the difference between "de facto" and "de
         | jure". There's plenty of other things to dislike her for beyond
         | one liners in interviews.
        
           | [deleted]
        
       | pe0x40 wrote:
       | There are different opinions on affirmative action, and I have to
       | admit assessing people based on what group they are member of,
       | even if your intentions are good, really doesn't sound that good
       | to me.
       | 
       | I can recommend Thomas Sowell book on the subject:
       | https://en.wikipedia.org/wiki/Affirmative_Action_Around_the_...
        
       | PKop wrote:
       | Good thread summarizing and highlighting key points of the
       | majority opinion:
       | 
       | https://twitter.com/RichardHanania/status/167442708751463629...
        
       | raincom wrote:
       | Harvard used "personality score" to sort out applicants. Now,
       | they got rid of "personality score", SAT/ACT/LSAT/MCAT, etc.,
       | scores. They can tell their feeder schools even four years
       | earlier, how to prepare admission packets for prospective
       | students. Schools like Harvard, Princeton, Yale and Stanford can
       | pick whatever students they want.
        
         | newacct3 wrote:
         | At the risk of getting sued and having it go back up to the
         | same court that gave us this decision
        
           | hotpotamus wrote:
           | I'd sort of imagine that if anyone has the legal minds to
           | bend the system towards their will, it's Harvard.
        
           | raincom wrote:
           | Adcoms (admission committees) have learned their hard
           | lessons. Williams R. Fitzsimmons and Rakesh Khurana of
           | Harvard might have told everyone to not put everything in
           | writing, just as CEOs tell underlings to not put in writing
           | in order to not be found in the discovery process. And these
           | professors and deans we ordinary mortals should emulate for
           | ethical exemplars. Maybe, they should follow what they preach
           | to students.
        
       | anthk wrote:
       | This is good. The criteria should be based on income, not the
       | race.
        
       | kneebonian wrote:
       | A very interesting quote from the ruling:
       | 
       | 'These classifications rest on incoherent stereotypes. Take the
       | "Asian" category. It sweeps into one pile East Asians (e.g.,
       | Chinese, Korean, Japanese) and South Asians (e.g., Indian,
       | Pakistani, Bangladeshi), even though together they constitute
       | about 60% of the world's population. Bernstein Amicus Brief 2, 5.
       | This agglomeration of so many peoples paves over countless
       | differences in "language," "culture," and historical experience.
       | Id., at 5-6. It does so even though few would suggest that all
       | such persons share "similar backgrounds and similar ideas and
       | experiences." Fisher v. University of Tex. at Austin, 579 U. S.
       | 365, 414 (2016) (ALITO, J., dissenting). Consider, as well, the
       | development of a separate category for "Native Hawaiian or Other
       | Pacific Islander." It seems federal officials disaggregated these
       | groups from the "Asian" category only in the 1990s and only "in
       | response to political lobbying." Bernstein Amicus Brief 9-10. And
       | even that category contains its curiosities. It appears, for
       | example, that Filipino Americans remain classified as "Asian"
       | rather than "Other Pacific Islander." See 4 App. in No. 21-707,
       | at 1732. The remaining classifications depend just as much on
       | irrational stereotypes. The "Hispanic" category covers those
       | whose ancestral language is Spanish, Basque, or Catalan-- but it
       | also covers individuals of Mayan, Mixtec, or Zapotec descent who
       | do not speak any of those languages and whose ancestry does not
       | trace to the Iberian Peninsula but bears deep ties to the
       | Americas. See Bernstein Amicus Brief 10-
       | 
       | The "White" category sweeps in anyone from "Europe, Asia west of
       | India, and North Africa." Id., at 14. That includes those of
       | Welsh, Norwegian, Greek, Italian, Moroccan, Lebanese, Turkish, or
       | Iranian descent. It embraces an Iraqi or Ukrainian refugee as
       | much as a member of the British royal family. Meanwhile, "Black
       | or African American" covers everyone from a descendant of
       | enslaved persons who grew up poor in the rural South, to a first-
       | generation child of wealthy Nigerian immigrants, to a Black-
       | identifying applicant with multiracial ancestry whose family
       | lives in a typical American suburb. See id., at 15-16. If
       | anything, attempts to divide us all up into a handful of groups
       | have become only more incoherent with time. American families
       | have become increasingly multicultural, a fact that has led to
       | unseemly disputes about whether someone is really a member of a
       | certain racial or ethnic group. There are decisions denying
       | Hispanic status to someone of ItalianArgentine descent, Marinelli
       | Constr. Corp. v. New York, 200 App. Div. 2d 294, 296-297, 613 N.
       | Y. S. 2d 1000, 1002 (1994), as well as someone with one Mexican
       | grandparent, Major Concrete Constr., Inc. v. Erie County, 134
       | App. Div. 2d 872, 873, 521 N. Y. S. 2d 959, 960 (1987). Yet there
       | are also decisions granting Hispanic status to a Sephardic Jew
       | whose ancestors fled Spain centuries ago, In re RothschildLynn
       | Legal & Fin. Servs., SBA No. 499, 1995 WL 542398, 2-4 (Apr. 12,
       | 1995), and bestowing a "sort of Hispanic" status on a person with
       | one Cuban grandparent, Bernstein, 94 S. Cal. L. Rev., at 232
       | (discussing In re Kist Corp., 99 F. C. C. 2d 173, 193 (1984)).'
        
       | pknomad wrote:
       | FWIW, I always thought using ethnicity as a factor was a
       | misguided approach.
       | 
       | 1. It lumps all ethnic groups into one without any regard for
       | culture or sub-ethnicity, which matters. I think Nigerian
       | immigrants tend to do really really well compared to say their
       | black American counterparts. There's also different measured
       | outcome for different groups of Asians (say Vietnamese vs
       | Chinese).
       | 
       | 2. I understand the desire to correct the past wrong... but going
       | about that via reverse-racism seems also wrong. I think Gandhi
       | said it best when he said "eye for an eye makes the whole world
       | blind."
       | 
       | 3. It feels more egalitarian and less discriminatory to fix the
       | past wrong by providing programs/support for disadvantaged
       | Americans, regardless of race.
        
       | purpleblue wrote:
       | I'm happy this happened because Asians are the only ethnicity
       | that suffers true systemic racism when it comes to education.
       | 
       | However, my fear is that the universities are working hard to
       | figure out ways to continue this practice against Asian Americans
       | by skirting around the rules.
        
       | TheCaptain4815 wrote:
       | The only way affirmative action makes 'logical' sense to me is if
       | people believe in biological differences of intelligence between
       | races. Not saying I believe this, but it's the only way I could
       | think of to logically allow for AA.
       | 
       | Because now you have "Race A" paying the same tax rates for
       | public university as "Race B", yet their children could be
       | biologically limited (on average) in comparison.
        
         | dahwolf wrote:
         | We'll never know because it's a taboo topic. So we'll just
         | pretend that almost every aspect of our body has racial
         | differences due to populations being exposed to different
         | environments/conditions and evolving to adapt, yet magically
         | this one organ, the brain, is perfectly steady across time and
         | location.
         | 
         | Regardless, it's probably a "close enough" call and culture
         | might be a larger factor. Which one can also only selectively
         | talk about.
         | 
         | For example, everybody knows why Asians outperform whites:
         | performance culture and work ethic.
        
         | peterfirefly wrote:
         | In which case the Race B children would be paying
         | disproportionately -- one might even surmise that the Race A
         | children (and their parents) would be net beneficiaries of the
         | taxes paid by the Race B children (and their parents).
        
       | Aeolun wrote:
       | This may be the only time ever I've ever felt like I agreed with
       | the conservative side of SCOTUS.
       | 
       | I just do not know how to politely say any form of affirmative
       | action is bizarre.
       | 
       | If your schools suck at teaching worthwhile things to minorities
       | or poor people, the problem is that your school system sucks. Not
       | that some people don't get into a few highly prestigious
       | universities.
       | 
       | You could argue it's a kind of bandaid, but at the cost of
       | introducing discrimination yet again and hiding the true problem.
       | Which is that your system sucks at creating opportunity for
       | everyone.
        
         | Capricorn2481 wrote:
         | Because we can't raise taxes on the very people getting legacy
         | admissions into these universities.
        
       | forinti wrote:
       | I would like to see lotteries used for this type of thing,
       | because they would be much easier to accept. You could have 10%
       | or 20% percent of candidates chosen by lottery, or have a lottery
       | for all candidates who have the minimum pre-requisites, etc. Some
       | sort of randomness whould guarantee a diversity of candidates and
       | would even span across dimensions which are not even considered
       | currently.
        
         | fzeroracer wrote:
         | A lottery doesn't guarantee randomness at all because the
         | population is not evenly distributed. If you have 99 people
         | apply who are white and 1 person apply who is black, the
         | lottery is going to naturally favor white candidates by virtue
         | of # of applicants.
        
         | [deleted]
        
         | UncleMeat wrote:
         | > I would like to see lotteries used for this type of thing,
         | because they would be much easier to accept.
         | 
         | Advocates for a new admissions system at TJHSST proposed a
         | merit lottery. Conservative advocates called it racist and the
         | proponents "enemies of excellence" in precisely the same way
         | that they did for the eventually implemented system. A similar
         | response would happen if applied to universities.
         | 
         | I think that merit lotteries are _excellent_ and work much more
         | effectively than the ordinary things people to do increase
         | diversity (which often focuses on aesthetics rather than
         | actually changing things). But we are kidding ourselves if we
         | think that they won 't face precisely the same resistance.
        
           | rahimnathwani wrote:
           | Advocates for a new admissions system at TJHSST proposed a
           | merit lottery. Conservative advocates called it racist
           | 
           | This is an uncharitable interpretation. AIUI part of the
           | motivation for overhauling the admissions system was
           | precisely to reduce the proportion of Asian Americans
           | admitted, in order to satisfy some diversity goal set at the
           | state level.
           | 
           | So, even if the new admissions system wasn't racist on its
           | face, it was introduced for the purpose of racial balancing.
        
             | UncleMeat wrote:
             | This is exactly what I mean when I say that merit lotteries
             | will get exactly the same reaction where people just say
             | "this is racist, you want to oppress Asian Americans."
        
               | rahimnathwani wrote:
               | I'll say it again: in the TJ case, there was significant
               | evidence that the motivation for abandoning the old
               | system was racial balancing.
               | 
               | You can read about in the ruling here:
               | 
               | https://pacificlegal.org/wp-
               | content/uploads/2021/03/Coalitio...
               | 
               | I suggest you read pages 11 and 12 for context, but I'd
               | like to specifically draw your attention to the first
               | full sentence on page 14:
               | 
               | "Here, no dispute of material fact exists regarding any
               | of the Arlington Heights factors, nor as to the ultimate
               | question that the Board acted with discriminatory
               | intent."
               | 
               | For specific evidence of that discriminatory intent,
               | start at page 17.
               | 
               | For more evidence, see pages 53-56 in the appeal dissent:
               | https://s3.documentcloud.org/documents/23821588/tjca4opn0
               | 523...
        
               | UncleMeat wrote:
               | Again, I don't understand how this is relevant.
               | 
               | People will oppose merit lotteries, like I said.
               | 
               | And the system that is part of the suit isn't the merit
               | lottery, btw.
        
               | rahimnathwani wrote:
               | You said "Advocates for a new admissions system at TJHSST
               | proposed a merit lottery. Conservative advocates called
               | it racist".
               | 
               | I responded by explaining why the 'Conservative
               | advocates' were correct.
               | 
               | Do you deny that the changes were racially motivated?
        
               | UncleMeat wrote:
               | I'm not interesting in talking about whether or not they
               | were correct.
               | 
               | I'm saying that conservatives aren't going to get on
               | board with merit lotteries any more than other proposals.
        
         | kelipso wrote:
         | [flagged]
        
           | gedy wrote:
           | There's a lot of "blank slate" thinking and "meritocracy" is
           | now bad.
        
             | AlexandrB wrote:
             | Meritocracy is not "bad". It doesn't exist. Or, more
             | precisely, "merit" cannot be measured objectively and can
             | also be bought if you have the money.
        
           | shanecleveland wrote:
           | I don't think a lottery system is a replacement for
           | affirmative action, it would still not be representative of
           | the racial makeup of our population.
           | 
           | And if rewarding hard work were the only criteria for
           | admission, then legacy preferences wouldn't exist, either.
           | That is the sort of thing affirmative action attempts to
           | balance out.
           | 
           | I don't have an answer, and I hope that all who have earned
           | an opportunity are rewarded. But whenever I see that a group
           | is under-represented relative to population, I have to wonder
           | what the reasons are and what can be done to help.
           | 
           | I am OK with having to work harder if it means someone who
           | has had fewer opportunities, resources and support than me -
           | not only in their lifetime, but for generations in their
           | family - gets a boost.
           | 
           | It seems some are afraid of having to work as hard as someone
           | who was not born with a silver spoon in their mouth.
        
             | parineum wrote:
             | > it would still not be representative of the racial makeup
             | of our population.
             | 
             | I think the point is that it doesn't need to. College
             | admission is 18 years late for trying to correct racial and
             | social disadvantages.
        
               | shanecleveland wrote:
               | Early intervention is absolutely best. I have four
               | children and we have about as much opportunity, support
               | and resources as you could ask for, and it is still a
               | huge undertaking to raise a family.
               | 
               | Affordable/free preschool, childcare, school lunches,
               | summer programs, etc., would all be helpful. Perhaps
               | universities can (are?) getting involved in that. But
               | until we do a better job as a country/society funding
               | these programs for all, then disparities will persist.
               | 
               | In the absence of that, the _need_ remains.
        
               | parineum wrote:
               | > Perhaps universities can (are?) getting involved in
               | that. But until we do a better job as a country/society
               | funding these programs for all, then disparities will
               | persist.
               | 
               | This is actually something I was thinking about reading
               | through these comments. These universities should focus
               | on "giving back" type programs, I think. Something like
               | sending their professors to underprivileged schools to
               | speak to or involve themselves in students lives.
               | Mentorship programs that start much earlier in a child's
               | life could make a massive difference.
               | 
               | The problem with programs like that is they don't provide
               | tangible results fast enough for administrator and
               | politicians to justify themselves.
        
           | ketchupdebugger wrote:
           | its basically a lottery today when admission rate for top
           | tier colleges is like 5%.
        
             | dmix wrote:
             | A lottery for the top percentile is very different than a
             | general lottery
        
               | brewdad wrote:
               | Nobody was suggesting throwing the 2.5 GPA kids in with
               | the 4.5 GPA kids and sending them wherever. If MIT has a
               | 4% acceptance rate, I can guarantee that more than 4% of
               | those applicants could have succeeded there if a spot was
               | available to them. Applicants already largely self-select
               | whether to bother applying in the first place.
               | 
               | The suggestion is that MIT or Northeastern State A&M for
               | that matter set a minimum standard bar that they will
               | consider. Then, all of those applicants that meet the
               | standard are entered into a lottery to determine who gets
               | the spots.
               | 
               | It's not all that different from today except it
               | eliminates the problems from whether Reader A or Reader B
               | looks at your application and whether Reader A had a good
               | night's sleep or a fight with their partner that morning.
        
           | splendor_spoon wrote:
           | Why assume this is a 'leftists' idea?
           | 
           | > ...leftism is appealing to many who want to avoid work, so
           | they won't be familiar with the concept of having their hard
           | work pay off
           | 
           | You seem unfamiliar with the values of those you classify as
           | 'leftist'.
        
           | kenjackson wrote:
           | The idea is that there are more kids who could succeed at the
           | college than there are spots. So find the right bar and do
           | lottery.
           | 
           | A lot of this comes down to what you think the mission of
           | college is. Is it to educate the highest achieving kids who
           | apply? Or to graduate a certain type of student? Or something
           | else?
           | 
           | For me I know it's not just to educate the highest achieving
           | kids. If the top college in the world ended up accepting all
           | terrorists who were trained to be exceptional students that
           | wouldn't sit right with me. Even if I could acknowledge they
           | had the best academic records. That seems like such a shallow
           | goal for university.
        
             | judge2020 wrote:
             | The way I see it, this is only a problem if you _must_ go
             | to one of the top schools in the nation, such as MIT,
             | _because_ you want to be able to graduate and secure an
             | extremely competitive job at the best companies with no
             | questions asked.
             | 
             | If you aren't actively trying to achieve stardom in the
             | professional world, there are tons of good universities
             | that will provide a great education and will look good on
             | your resume, you just might not be hired right out of the
             | gate at Apple with only one or two rounds of interviews.
        
               | kenjackson wrote:
               | I wonder if there's also a difference between engineering
               | and non-engineering schools. I tend to agree that at MIT
               | you mostly just want the very best engineers and the more
               | objective the metric, maybe the better.
               | 
               | But if I'm looking to educate the best politicians,
               | judges, business people, activists -- I think that I
               | really do care about a lot more than SATs and
               | transcripts.
               | 
               | It's funny because I feel like no one has this argument
               | about Cal Tech. They might have affirmative action, but
               | if they didn't everyone seemed to be OK with it.
        
             | kelipso wrote:
             | Going to ignore your ridiculous analogy but yes, the best
             | universities are meant educate the highest achieving kids.
             | That's how they keep being the best universities. The
             | middle achieving kids can go to the middle universities;
             | there are plenty and there is a whole gradient of them. Do
             | we live in a meritocracy or not? Success is not 0/1, there
             | is a whole spectrum from bum to whatever ideal you have,
             | and appropriate motivations and rewards should be given to
             | kids to succeed; otherwise you end up with a society that
             | doesn't have anything to look forward to.
        
               | kenjackson wrote:
               | Why is the analogy ridiculous? You should read The
               | Chosen, by Karabel, which is probably the best history of
               | elite college admissions. Much of what we do in college
               | admissions today are remnants to reduce the number of
               | Jewish people at Ivy League schools -- and then later a
               | focus on meritocracy. Colleges have historically taken
               | stock of the "type" of people they accept and adjust to
               | their liking.
        
               | kelipso wrote:
               | I'm ignoring analogies containing terrorists in it lol.
               | It's true that colleges are historically and currently
               | biased. But that does not mean that you just drop the
               | idea of meritocracy and just say fuck it have a lottery.
               | Instead you move towards the ideal and crack down on
               | college biases, e.g, you can assign students to colleges
               | based on prospective student's college preferences and
               | SAT scores; that's how it works in plenty of countries.
        
               | kenjackson wrote:
               | I choose terrorists because everyone dislikes them.
               | Seemed non-offensive. But you can make them whatever
               | group you think is harmful in your mind (maybe
               | progressives for you).
               | 
               | The question is what is the ends meant to achieve by the
               | meritocracy? The goal of most institutions in our world
               | is to make the world a better place for us to live in. If
               | the meritocracy seems to run counter to that then it may
               | not be achieving its goal. And the point I was trying to
               | make with the terrorists is that if you blindly treat
               | meritocracy as its own ends then you can end up making
               | the world a worse place for it.
        
               | kelipso wrote:
               | The thing about putting terrorists in an analogy is it
               | distorts the intent of the analogy in unexpected ways, so
               | you lose what you're trying to convey.
               | 
               | The framework that I'm coming from is that
               | work/talent/etc must be rewarded in a predictable manner
               | in order for kids to have the motivation to perform and
               | succeed. If the system gets unpredictable, kids will be
               | demotivated and not compete in the system anymore. As in,
               | if it's a lottery and my classmate who does worse than me
               | gets into a better college than me, this isn't a fair
               | competition so why try studying, I'll go into sports or
               | something where the best person under the competitive
               | framework wins.
               | 
               | You argue that if the system is too predictable then too
               | many undesirable people might succeed. Which might or
               | might not be true, it's pure speculation. We're talking
               | about high achieving students who want to get into good
               | colleges; no need to compare them to terrorists. Purely
               | test based systems work in plenty of other countries
               | without the college graduates collapsing society.
        
               | kenjackson wrote:
               | What you point out is maybe partially true. There was an
               | episode on the Hidden Brain podcast recently about the
               | famous marshmallow test that speaks to what you're
               | stating. On this show they point out that the discipline
               | to eat or not eat the marshmallow is also a function of
               | if you believe that the person will actually give you the
               | second marshmallow when they return. The predictability.
               | 
               | But most Black students face this level of
               | unpredictability moreso every day leading up to college
               | admissions. Another, unrelated study, asked teachers to
               | watch for misbehaving kids -- with a mixed race group of
               | kids. The thing was that none of the kids were
               | misbehaving -- but the teachers still pointed to the
               | Black kids. Black kids live with this level of
               | predictability all throughout schooling where they'll be
               | called out for doing the same thing as white students who
               | aren't called out. Eventually you learn to just eat the
               | marshmallow, because the second one isn't coming even if
               | you have the discipline to not eat the first.
               | 
               | So then this ties back to the lottery. It turns out that
               | little in life has 100% predictability. There's no
               | guarantee that my startup will make me billions, even if
               | I seemingly do everything that Steve Jobs did. But I
               | increase my chances and the lottery works the same way.
               | But it also does something else -- it also provides a
               | marshmallow for the kids who know that in their current
               | environment they face steep odds to ever take 16 AP
               | classes or work with their dad's research lab to win the
               | Westinghouse/Intel Science Fair.
               | 
               | It turns out that fairness isn't so easy to determine.
        
               | woeirua wrote:
               | You need to learn about legacy admissions. The best
               | universities _are not_ educating the best students today.
        
               | malnourish wrote:
               | Do you believe we live in a meritocracy?
        
               | s1artibartfast wrote:
               | Not a perfect meritocracy, but yes, I believe Merritt and
               | performance has a significant impact on outcomes.
               | 
               | If you don't try, don't go to school, or don't go to your
               | job, your average outcome will be much worse than someone
               | that does
        
               | orthecreedence wrote:
               | > best universities are meant educate the highest
               | achieving kids. That's how they keep being the best
               | universities. The middle achieving kids can go to the
               | middle universities; there are plenty and there is a
               | whole gradient of them.
               | 
               | How is what you described in any way incompatible with
               | lottery systems? Did you not catch the phrase "So find
               | the right bar and do lottery?" The best colleges set the
               | higher bars, middle schools set a middle bar, etc etc.
               | 
               | > Do we live in a meritocracy or not?
               | 
               | Absolutely not. That's the lie we've been told all our
               | lives by the haves. But either way, the lottery is _more_
               | meritocratic: you have one seat, two people who are both
               | qualified, how do you choose? Merit has already been
               | established! After that, the lottery doesn 't care about
               | race, age, etc etc.
        
               | BlueTemplar wrote:
               | Etymologically, meritocracy is equivalent to
               | aristocracy... also how did the meaning of meritocracy
               | drift to become positive ??
        
           | [deleted]
        
           | commandlinefan wrote:
           | > just to join a lottery
           | 
           | I don't think he means a purely random lottery (at least I
           | hope he doesn't). My son was a high achiever (valedictorian,
           | top 1% SAT, honor society, etc. etc.) but still didn't get
           | admitted to MIT because he was competing with 30,000 other
           | similar high achievers for 1000 spots. That's where the
           | lottery concept comes in - you have to compete to qualify for
           | the lottery. It's already in place after all, they just try
           | to make it less lottery-ish.
        
           | solatic wrote:
           | Acceptance into anything, beyond a table-stakes requirement
           | of merit, is essentially a lottery. You work your ass off,
           | you get an interview, your luck of the draw is someone having
           | a bad day, is otherwise biased against you, or any number of
           | other issues. It's naive to think that the people
           | interviewing you are doing so solely on the grounds of your
           | achievements on paper. This is true regardless of whether
           | you're interviewing for an academic program, for a job, for a
           | sale, for an investment...
           | 
           | Society can either do the healthy thing and accept this and
           | embrace it (won't happen, because it's not "fair"), or not,
           | and make the inherent lottery explicit.
        
         | bubblethink wrote:
         | The issue is that the lottery is never enough. Effectively, the
         | lottery percentage is removed from discussions and the fight
         | moves on to the non-lottery percentage where the same arguments
         | of diversity come back to the non-lottery percentage. This is
         | not hypothetical, this is how the US immigration system is
         | currently. There is a diversity lottery, which is a mostly
         | foregone conclusion right now. And yet, there is race/country
         | based quota in the skill based categories and proponents want
         | quotas despite it being a skill being category. Once you create
         | a lottery, you can't say, "Go do your thing in the lottery,
         | this lane is for merit". So the lottery is a waste. Several
         | attempts to phase out caps/quotas from skill based categories
         | through legislature have failed so far. In the most recent
         | case, the congressional black caucus opposed it as it would
         | disadvantage the currently advantaged immigrants from African
         | countries.
        
       | AlexB138 wrote:
       | Here's the opinion:
       | https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
        
         | tekla wrote:
         | Its the first link in the article
        
       | orblivion wrote:
       | I could understand how this applies to state universities, but
       | how does the US Constitution have this kind of jurisdiction over
       | Harvard?
        
         | stjohnswarts wrote:
         | Private college status doesn't override basic rights elucidated
         | by the Constitution which are further spelled out by various
         | civil rights laws.
        
           | orblivion wrote:
           | Civil rights laws sure, but the constitution generally
           | defines the role of and restrictions on the government.
           | 
           | I think the answer must be that Harvard has government
           | contracts or something (as others responded to me).
        
         | ru552 wrote:
         | Harvard receives public funds from the government. Assumingly,
         | if Harvard chose to no longer receive those funds, they
         | wouldn't have to comply.
        
         | COGlory wrote:
         | If this can't apply to Harvard, then presumably it's legal to
         | have private schools that only allow white people?
        
           | [deleted]
        
           | orblivion wrote:
           | I don't see how it would be unconstitutional, but it would
           | probably be illegal per the civil rights act.
           | 
           | Though now that you mention it, I looked at the article a bit
           | more closely. It says that conservatives "...argued that the
           | Constitution and the civil rights law prohibited
           | discrimination based on race...". The civil rights law part
           | makes more sense than the constitution part. But, the article
           | says that the SCOTUS based this on the 14th amendment.
           | 
           | It's probably more complicated than this article makes it out
           | to be.
        
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