Why US Supreme Court's Affirmative Action ruling is a victory for racism and inequality

The US Supreme Court's decision to end the principle of positive discrimination in the admissions systems adopted by several prestigious universities, including Harvard and the University of California (Berkley) is a severe blow to civil rights and represents a significant achievement not only to the American right but also to racist forces on the rise across the world.

It is also a victory for 'Trumpism' - ex-President Donald Trump's conviction for conspiracy and corruption doesn’t mean the end of the trend he represents – against the current occupant of the White House. Trumpism is set to achieve more such coups beyond repealing positive discrimination (or Affirmative Action) which has helped African-Americans gain access to higher education after a long history of slavery and racial discrimination - the legacy of which has seen their children deprived of a level playing field which would allow them to compete for university places.

The court's decision is, in part, a victory for the racist mentality which doesn't accept the 'other' and blames it for the failures of the capitalist system to achieve a minimum level of social justice.

"Racist forces mobilising against migrants, Muslims and minorities wherever they are, especially in Europe, derive their strength from blaming the 'other' for dwindling educational and work opportunities - instead of addressing the root which is the absence of social justice"

Yet what has happened doesn't impact the US alone. The racist forces mobilising against migrants, Muslims and minorities wherever they are, especially in Europe, derive their strength from blaming the 'other' for dwindling educational and work opportunities - instead of addressing the root cause which is the absence of social justice. The US court's decision in such a context, is effectively joining the racist mobilisation scapegoating 'non-Whites' for the social and economic crises in the US and Europe.

African-American philosopher Cornel West described the decision as "a war against Black people in America", especially in light of the rise in racist and violent acts against Black people. US officials, including President Biden and ex-President Obama, who described the date of the decision as a "sad day", rushed to condemn the US Supreme Court's move.

However, these scenes carried much hypocrisy, due to the failure of the US establishment and other establishments worldwide to assume their share of responsibility for impoverishment and class oppression. While a philosopher like West expresses a genuine cry of pain, the lamenting of politicians, including many American liberal intellectuals, rings hollow.

For decades, the Supreme Court recognized a college’s freedom to decide how to build a diverse student body and provide opportunity.

Today, the Court walked away from precedent, effectively ending affirmative action in higher education.

I strongly disagree with this decision.

— President Biden (@POTUS) June 29, 2023

Those who supported undermining the US state's responsibility for healthcare and education, and not only defended - but preached – neoliberalism, have helped pvave the way for what is happening in the US. The 'positive discrimination' principle was, and rightly so, an achievement of the civil rights movement, and one of the dreams of its leader Martin Luther King. However, it was only ever supposed to be a phased step on the road towards achieving equality and justice - not a permanent sticking plaster for a system which cannot guarantee social justice.

However, economic neoliberalism, which began its rise after the elimination of 'Social Welfare' programmes during the late US President Ronald Regan's era, alongside the priority given to amassing profit over improving living conditions, and the failure to establish genuine anti-racism as a guiding principle of the official American establishment, saw Affirmative Action instrumentalised as a permanent case of applying a sticking plaster to an open wound that never closes.

More dangerous still were the consequences of neoliberalism on sectors of working-class Americans (especially White), due to the ferocity of neoliberalism, which led these people to see Black workers as competition, even as thieves of their children's educational opportunities, and as their enemies.

"Those who supported undermining the US state's responsibility for healthcare and education, and not only defended - but preached – neoliberalism, have played their role in paving the way for what is happening in the US"

Unsurprisingly, The New York Times indicated that most Americans support ending Affirmative Action, as it reflects the distortion of consciousness we see in the US and everywhere the poor are pitted against the poor, and the 'native-born citizen' turn on the refugee in a race to the bottom.

Therefore, Affirmative Action to advantage Black students became a 'straw man' for many Americans, White and non-White, even those from minorities, who came to believe it discriminated 'against them', and even symbolised the deprivation of their children from educational chances.

But this point was picked up by the young Democratic Party member known for her progressive stances Alexandria Ocasio-Cortez, who warned that places reserved for Black students "will go to the children of the wealthy" after Affirmative Action is abolished, meaning that the decision will not benefit the children of poor White families.

A blind insistence on preserving a system that facilitates the accumulation of outrageous levels of wealth has established a delusion among many liberals that the progressive humanitarian stance is merely to maintain Affirmative Action while refusing to acknowledge the socio-economic imbalance [generated by the system]. It is easy in this case to adopt a stance which appears at first glance to be ethical, but which is shallow, even false, or immoral at its core.

Recognising the serious flaws in the global capitalist system does not lessen the dangers of removing any initiative or legal measure that attempts to mitigate the social repercussions one of which is racial discrimination. However, we must understand that one of the most important components feeding the wave of racism sweeping the world is fear - of poverty and unemployment.

What is worse is that the dominant governments in this system keep feeding this wave by continuing to implement the same economic policies, with some governments and parties then openly blaming minorities, immigrants and war refugees [for the socio-economic impacts of these policies, among which are rising unemployment and poverty].

"A blind insistence on preserving a system that facilitates the accumulation of outrageous levels of wealth has established a delusion among many liberals that the progressive humanitarian stance is simply to maintain 'positive discrimination' measures"

It is no secret that one reason for Trump's success in the elections is that large numbers of working class people, predominantly White, found in his right-wing populist rhetoric answers to their problems, and clarification that those in competition with them were 'the outsiders'.

The decision has opened the door to debate and controversy, not about university admissions policies, but about other decisions that support discrimination not only against Black people and migrants, but also against the poor classes. For instance, the Supreme Court has just rejected a request by President Biden to exempt students from part of their university debt. What we are witnessing is a declaration of racial and class war simultaneously, sponsored by the highest American judicial authority.

The decision of the Supreme Court has global ramifications, because it sends a clear message to the burgeoning right-wing movements across the world, specifically in Europe, that are feeding hatred. This is not just about prestigious universities but is a forceful statement being made by a class system that it does not recognise ethnic discrimination as a crime.

1/ Thread: How right-wing populism and the growing influence of Evangelical Christians has galvanised Israel’s influence across Latin America & ended an era of support for the Palestinian cause https://t.co/9mhQsWL9in

— The New Arab (@The_NewArab) December 21, 2019

Worse still was the participation of African American judge, Clarence Thomas, who championed the decision. He is a conservative judge appointed by George H.W. Bush (senior) in 1990 in a step that would pave the way for the overturning of rights legislation affecting minorities and women, and enable the continuation of the Republican Party programme.

But what happened then and is happening now is reflective of consequences which back then in the nineties were even more right-wing than George Bush senior and his conservative backers had wanted. And Trump, who represents the far-right, completed the journey by appointing the most right-wing and hardline judges.

So when we talk about the 'rule of law', the Supreme Courts in a country like the US wield a power surpassing that of the White House. The US Supreme Court, in its current composition, is the other, more dangerous face of the populist American right which has swept Congress, and poses a threat to immigrants and anti-racist forces, not only in the US but also in the West and rest of the world.

"The US Supreme Court, in its current composition, is the other, more dangerous face of the populist American right which has swept Congress, and poses a threat to immigrants and anti-racist forces, not only in the US, but in the West and rest of the world"

The extreme right's domination over the US Supreme Court of Justice, which combines the brutality of the capitalist system with a no holds barred readiness to stoke racism while discarding efforts to paper over the cracks, embarrasses the US administration and the Western liberal governments which stand impotently by.

This is because they are determined to preserve the very same system which gave rise to the right-wing forces we are seeing. Moreover, the liberal governments will likely resort, as we see in France today, not to confronting the far-right, but to using heavy policing to crush the poor and 'outsiders'.

This is an edited translation from our Arabic edition. To read the original article click here.

Translated by Rose Chacko.

Have questions or comments? Email us at: editorial-english@alaraby.co.uk

Opinions expressed in this article remain those of the author and do not necessarily represent those of The New Arab, its editorial board or staff, or the author's employer.