[Congressional Record Volume 161, Number 179 (Thursday, December 10, 2015)]
[Senate]
[Page S8564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                             DISCRIMINATION

  Mr. REID. Mr. President, yesterday the Supreme Court heard oral 
arguments in the case of Fisher v. University of Texas. In that case 
the plaintiff was challenging the affirmative action program the 
University of Texas has.
  During those oral arguments, conservative Justice Scalia asked 
whether affirmative action harms minority students by placing them in 
environments that are too academically challenging for them. Justice 
Scalia said the following about African-American students: ``There are 
those who contend that it does not benefit African Americans to get 
them into the University of Texas where they do not do well, as opposed 
to having them go to a less advanced school, a slower-track school 
where they do well.''
  Justice Scalia further argued that African-American students ``come 
from lesser schools where they do not feel that they're . . . being 
pushed ahead in . . . classes that are too . . . fast for them'' and 
that the University of Texas should not take really qualified African-
American students because that means ``the number of . . . really 
competent blacks admitted to lesser schools turns out to be less.''
  But that wasn't enough. This is what else he said: ``I don't think it 
stands to reason that it's a good thing for the University of Texas to 
admit as many blacks as possible.''
  It is stunning that a man of his intellect--and I have always 
acknowledged his intellect, but these ideas that he pronounced 
yesterday are racist in application if not intent. I don't know about 
his intent, but it is deeply disturbing to hear a Supreme Court Justice 
endorse racist ideas from the bench of the Nation's highest Court. His 
endorsement of racist theories has frightening ramifications, not the 
least of which is to undermine the academic achievements of Americans, 
African Americans especially.
  Earlier this week I spoke about the Republican platform, which has a 
lot of hate in it. As we speak, Donald Trump is proposing to ban Muslim 
immigration. Other leading candidates are proposing religious tests, 
tossing around slurs on a daily basis.
  The top two Republican leaders in the United States have said they 
will support Donald Trump if he is nominated. And now a Republican-
appointed Justice is endorsing racist ideas from the Supreme Court 
bench. The only difference between the ideas endorsed by Trump and 
Scalia is that Scalia has a robe and a lifetime appointment. Ideas such 
as these don't belong on the Internet, let alone the mouths of the 
Nation's leaders.
  The idea that African-American students are somehow inherently 
intellectually inferior to other students is despicable. It is a 
throwback to a time that America left behind half a century ago. The 
idea that we should be pushing well-qualified African-American students 
out of the top universities into lesser schools is unacceptable. That 
Justice Scalia could raise such an uninformed idea shows just how out 
of touch he is with the values of this Nation. It goes without saying 
that an African-American student has the same potential to succeed in 
an academically challenging environment as any other student.
  I firmly continue to believe the United States of America is the 
greatest Nation in the world because of our ability to embrace men and 
women of diverse backgrounds and provide them with the opportunity to 
succeed. Colleges and universities that welcome diversity provide their 
students with an opportunity many in the world can never hope to 
obtain. Learning with people from different backgrounds spurs 
creativity and innovation. Research has shown that increased racial 
diversity on campuses produces higher levels of academic achievement 
for all students, and Fortune 500 companies agree that embracing 
diversity is good for the bottom line.
  The Supreme Court previously has acknowledged that diversity provides 
a substantial and compelling contribution to our educational system. 
Yet Justice Scalia's comments paint a picture of two disturbing 
realities.
  Despite the progress our Nation has made on diversity and inclusion, 
there is still much work to do to ensure we are giving every American a 
fair shot regardless of race, ethnicity, or religion. As a nation, we 
still have the responsibility to direct adequate resources to our 
educational system to prepare all students for higher education.
  Generations of discrimination and legally sanctioned inequality have 
produced racial disparities in our educational system--sad but true. 
These disparities must be addressed by embracing diversity in our 
schools, workplaces, markets, and neighborhoods while investing in 
adequate resources for all students, from pre-K to higher education.
  Our Nation was founded on the values of liberty, justice, and 
equality. Justice Scalia's distressing comments are a reminder that we 
must remain vigilant to safeguard opportunity for all Americans. 
Embracing diversity is not only the right thing to do, it is the 
American way.
  Lyndon Johnson said:

       It is not enough just to open the gates of opportunity. All 
     our citizens must have the ability to walk through those 
     gates.

  It is our responsibility as a nation to open the gates of opportunity 
for all Americans, in spite of what Justice Scalia said yesterday.
  Mr. President, has the Chair announced the business of the day?
  The PRESIDING OFFICER. It has been announced.
  Mr. REID. I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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