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Today's SCOTUS Ruling and Why Critical Race Theory Matters [1]

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Date: 2023-06-29  

From a legal brief filed by 35 retired admirals and generals:

"Placing a diverse Armed Forces under the command of homogenous leadership is a recipe for internal resentment, discord, and violence. By contrast, units that are diverse across all levels are more cohesive, collaborative, and effective... All service members - minority or otherwise - are better equipped to meet these challenges if they are educated in a racially diverse environment and guided by diverse leadership in the field."

SCOTUS used this brief to exempt military academies from today's anticipated reversal of affirmative action for public higher education.

Yet everything the generals said about the military applies in the civilian world. Here's my re-write of their statement:

"Placing a diverse workforce under the command of homogenous management is a recipe for internal resentment, discord, and violence. By contrast, workgroups that are diverse across all levels are more cohesive, collaborative, and effective. All employees - minority or otherwise - are better equipped to meet these challenges if they are educated in a racially diverse environment and guided by diverse leadership in the workplace."

In his dissent, Congressman Jamaal Bowman cited his recently introduced Fair College Admissions for Students Act, "which would end the legacy and donor-based admissions practices that favor the white and wealthy." SCOTUS in today's ruling apparently said nothing about these continuing biases.

In other words, the emperor is wearing no clothes.

While some white college applicants may feel or actually be discriminated against, is this true in most cases? How do isolated cases compare with systematic inequality that has sustained divergent paths to power and affluence, from early learning into full employment, that strongly favor those already holding power?

I am listening to a fascinating biography of Robert Moses by Robert A. Caro called 'The Power Broker: Robert Moses and the Fall of New York.' One chapter describes how, in designing a merit-based hiring and performance-tracking system for city workers, Bob Moses seeked to codify his firm belief that only the most highly educated and cultured citizens should be considered for higher levels. He apparently inferred at one point that only Yale, Harvard and Princeton graduates need apply.

So with today's ruling, it is hard to deny that persons of color are targeted for military duty. Or as Georgetown Law adjunct professor Arjun Sethi rebutted after the ruling, "Die for us, but don’t enroll in our schools." Ouch.

This ruling may open the floodgates for much needed judicial and higher education reform.

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