Supreme Court Justice Clarence Thomas read his concurring opinion from the bench Thursday, a rarity that underscored the importance to Thomas of the momentous decision on affirmative action in college admissions.
Thomas, a conservative and one of two African Americans on the court, voted with the six-member majority that found the admissions programs at the University of North Carolina and Harvard University violated the Equal Protection Clause of the 14th Amendment. He also filed his own concurrence, laying out his own reasoning for his decision.
The ruling from the court restricts the use of race in college admissions after decades of colleges and universities using affirmative action programs to consider race as one of several factors in admitting student applicants.
Thomas argued in his concurrence that previous Supreme Court decisions upholding affirmative action allowed universities to discriminate against applicants in their admissions process. He wrote that the Constitution is “color-blind, and neither knows nor tolerates classes among citizens.”
“The Court today makes clear that, in the future, universities wishing to discriminate based on race in admissions must articulate and justify a compelling and measurable state interest based on concrete evidence,” Thomas said. “Given the strictures set out by the Court, I highly doubt any will be able to do so.”
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Supreme Court Justice Clarence Thomas read his concurring opinion from the bench, a rarity that underscored the importance to Thomas of the momentous decision on affirmative action. https://t.co/RUW6QIin8s
— The Hill (@thehill) June 29, 2023
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