Justice Thomas on Justice Jackson's race-infused world view:
“Accordingly, JUSTICE JACKSON’s race-infused world view falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments,” Thomas wrote. “What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything—good or bad—that happens in their lives. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism.”
“JUSTICE JACKSON then builds from her faulty premise to call for action, arguing that courts should defer to ‘experts’ and allow institutions to discriminate on the basis of race,” Thomas continued. “Make no mistake: Her dissent is not a vanguard of the innocent and helpless. It is instead a call to empower privileged elites, who will ‘tell us [what] is required to level the playing field’ among castes and classifications that they alone can divine. […] Then, after siloing us all into racial castes and pitting those castes against each other, the dissent somehow believes that we will be able—at some undefined point—to “march forward together” into some utopian vision.
[...] every time the government uses racial criteria to ‘bring the races together,’ someone gets excluded, and the person excluded suffers an injury solely because of his or her race.” […] Indeed, JUSTICE JACKSON seems to have no response—no explanation at all—for the people who will shoulder that burden. How, for example, would JUSTICE JACKSON explain the need for race-based preferences to the Chinese student who has worked hard his whole life, only to be denied college admission in part because of his skin color? If such a burden would seem difficult to impose on a bright-eyed young person, that’s because it should be. History has taught us to abhor theories that call for elites to pick racial winners and losers in the name of sociological experimentation."
"This vision of meeting social racism with government-imposed racism is thus self-defeating, resulting in a never-ending cycle of victimization,” his response to Jackson concluded. “There is no reason to continue down that path. In the wake of the Civil War, the Framers of the Fourteenth Amendment charted a way out: a colorblind Constitution that requires the government to, at long last, put aside its citizens’ skin color and focus on their individual achievements.”
From Clarence Thomas SCORCHES Ketanji Brown Jackson in Concurring Opinion
BY MATT MARGOLIS, JUNE 29, 2023