Last Updated on September 26, 2015 by Alex Brown-Hinds

This past Monday, our United States Supreme Court made a decision on Affirmative Action by returning the case of Abigail Fisher v. University of Texas back to the state of Texas. This case is regarding Fisher’s claim of having been discriminated against because she is White.

The Texas university system has an admissions policy that takes the top 10% of the public schools student body to correct past racial discrimination of Blacks, Hispanics, and Asians.

The court ruled 7-1 with Justice Clarence Thomas saying that race should not be considered at all even though he was appointed and selected to serve because of his race by members of the Republican Party. They knew and understood that racial discrimination has been a part of American history for over four hundred years and his appointment was just a small step toward correcting this injustice of legalized racial discrimination.

During this four hundred years, Blacks, Latinos, Asians and Indians were legally denied admission to colleges and universities everywhere in the country and especially in the state of Texas. Texas is the state that birthed Juneteenth because when all slaves were Emancipated by President Lincoln, Texas kept slavery alive and well for another two and half years. This is one state that knows how to discriminate when it comes to race. But Texas is not exempt in its racially discriminatory practices. Some examples of the legally entrenched practices of racial discrimination: In 1970 the courts found that in the history of Alabama State Troopers, no Blacks had ever been hired.

In 1987, Sheet Metal International Association, Local 28 was found guilty for adopting discriminatory recruitment, admission criteria, restricted its membership to deny Blacks, Latinos and Asians access. They were also found guilty of only selecting workers from its sister local to avoid from even having to consider outside applicants. And believe it or not this practice is still going on with some public safety associations and construction projects in California.

In California we have witnessed firsthand what happens when race is removed from college and universities admission policy. The Board of Regents in 1995 had to rescind its policy of SP1 and SP2 of not taking race, sex, religion, color into consideration when admitting or hiring students and employees. They had every good intention of doing what Justice Clarence Thomas based his opinion on the “Good Faith Notion” that people are color blind. It sounds good and right in a Christian nation but my forty years of working in America and implementing affirmative action programs and fighting racial, sexual, religious discrimination it is not going to happen without laws on the books to make decision makers take race into the equation.

Some Justices have asked the question: “How long should we have Affirmative Action?”

In my opinion, how about starting with the evidence of what four hundred years of White preferential treatment has giving us in admission to schools of higher learning, awarding public construction contracts, employment at all levels. I would say four hundred years might correct the problem and you would still need to have laws on the books. Just look at what some are trying to do with our voting laws.

Some of our Presidents have tried to protect the rights of all citizens and in some cases introduced remedies to correct the wrongs that are inflicted on the victims of racial and gender discrimination. Lincoln, Truman, Eisenhower, Kennedy, Johnson, Nixon, Carter, Bush, Clinton and now Obama have issued executive orders to strike down the walls of some forms of discrimination because they know it will not just go away.

So this court knows that race must be a part of the criteria and that is why they returned this case back to Texas for evaluation.