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Justice Thomas on Rascisim | Zalma on insurance



Racism is not cured by more racism

In the final paragraphs of his concurring opinion today, Justice Thomas explains the reality of racism as follows:

The great failure of this country was slavery and its offspring. 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 simply because we believe, as our predecessors believed, that the present arrangements are superior to the Constitution.

The court’s opinion rightly clarifies that Grutter is essentially disregarded. And it sees university admissions policies for what they are: rudderless, race-based preferences designed to ensure some racial mixing in their entry into classes. That policy runs counter to our color-blind constitution and our nation̵

7;s ideals of equality. In short, they are clearly – and boldly – ​​unconstitutional. See Brown II, 349 US, at 298 (noting that the Brown case a year earlier had “declared[d] the fundamental principle that racial discrimination in public education is unconstitutional”).

While I am painfully aware of the social and economic ravages that have befallen my race and all who are discriminated against, I have an abiding hope that this country will live up to its principles so clearly expressed in the Declaration of Independence and the United States Constitution. States: that all men are created equal, are equal citizens and must be treated equally before the law.

While I usually only write about insurance, this is too important a decision by the Supreme Court and its best writers to ignore.

About Barry Zalma

An insurance coverage and claims management author, consultant and expert witness with more than 48 years of practical and courtroom experience.

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