On Thursday's CNN Newsroom, Pamela Brown spotlighted how Supreme Court Justice Antonin Scalia was "sparking controversy during a hearing of a high-profile affirmative action case." Brown noted that Scalia "seemed to suggest that some African-Americans might do better in lesser colleges," and pointed out how "some feel like he was using to it make his own argument. And Twitter ignited — no surprise there — one Tweet thread calling for his impeachment." [video below]
The fill-in anchor led into a segment with CNN legal analyst Joey Jackson by reading two excerpts from the conservative jurist's remarks during the oral arguments in the Fisher v. University of Texas at Austin case. After reporting the impeachment call on social media, Brown read a specific Twitter post from Parks and Recreation star Rashida Jones: "He is saying that black people should go to — quote, 'lesser' colleges because they can't keep up. That is a generalization of a race." [see screen cap above]
Jackson offered his own reaction to the Scalia quotes:
JOEY JACKSON: Well, here's the issue: the issue for me is whether he was referencing something, when he says, 'Those that contend' — which is a theory — you know, which obviously, in itself, is a concern — because it's insulting and it's degrading. And the other concern is him referencing a brief.
So the concern is whether it was coming from him and reflects his state of mind, or whether he was simply referencing a theory — which, in itself, I think, needs to certainly be rebuked. And so, I don't know what was in the mind of the Supreme Court justice. Obviously, if he felt this way, it is a major, major concern.
He later offered an argument in favor of affirmative action: "There are many points to affirmative action: one of which is cultural diversity. We have to keep in mind that cultural diversity benefits us all — learning about different people; supporting different points of view; being more tolerant with people. And, obviously, there is the point that affirmative action lends an assistance... to an under-represented point of society."
The full transcript from the Joey Jackson segment on the December 10, 2015 edition of CNN Newsroom:
PAMELA BROWN: A Supreme Court justice sparking controversy during a hearing of a high-profile affirmative action case. Justice Antonin Scalia seemed to suggest that some African-Americans might do better in lesser colleges, saying — quote, '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 less — a slower track school where they do well.' He went to say, 'One of the briefs pointed out that most of the black scientists in this country don't come from schools like the University of Texas. They come from schools where they do not feel that they're being pushed ahead in classes that are too fast for them.'
Well, Scalia was citing a theory in this book. It's entitled, Mismatch. But some feel like he was using to it make his own argument. And Twitter ignited — no surprise there — one Tweet thread calling for his impeachment. Actress Rashida Jones said, 'He is saying that black people should go to — quote, 'lesser' colleges because they can't keep up. That is a generalization of a race.'
With me now to discuss all of this is CNN legal analyst Joey Jackson. Joey, a lot to discuss here. First off, what is your reaction to what Scalia said?
[CNN Graphic: "Affirmative Action: Supreme Court Justice Comments Spark Outrage"]
JOEY JACKSON: Good morning, Pamela. Well, here's the issue: the issue for me is whether he was referencing something, when he says, 'Those that contend' — which is a theory — you know, which obviously, in itself, is a concern — because it's insulting and it's degrading. And the other concern is him referencing a brief.
So the concern is whether it was coming from him and reflects his state of mind, or whether he was simply referencing a theory — which, in itself, I think, needs to certainly be rebuked. And so, I don't know what was in the mind of the Supreme Court justice. Obviously, if he felt this way, it is a major, major concern.
BROWN: And he did say in his comments — he pointed to one of the briefs making this 'Mismatch' argument. And also — you know, we know this book has existed. Let's talk about that book — entitled, Mismatch. And here's what the theory is all about: it argues that 'some minority students at competitive universities fare worse academically than they would at less selective institutions.' Is affirmative action actually hurting students?
[CNN Graphic: "Scalia questions place of some black students in elite colleges"]
JACKSON: Well, let's put it this way: let's be clear that that is simply a theory that was advanced by Professor [Richard] Sander. That theory, certainly, has a contrary point of view by a Yale professor that came out — in addition to many others that said — of course, it's not hurting. Of course, the fact of the matter is that this is insulting; that this is not something that's subscribed to by a majority or variety of people.
The fact is, is that — the other point of view is that there are many points to affirmative action: one of which is cultural diversity. We have to keep in mind that cultural diversity benefits us all — learning about different people; supporting different points of view; being more tolerant with people. And, obviously, there is the point that affirmative action lends an assistance — you know, to an under-represented point of society that has systemically and historically been under-represented.
And so, let's be clear: the Supreme Court has said that race can be a factor — not the factor. But when you're looking at someone's race, you should factor in other things, like extracurricular activities; like the hardships in the background; and like other factors that might lend assistance to people who can ultimately uplift themselves, and be very productive and outstanding members of society.
BROWN: And that is really at the heart of this case that the Supreme Court is reviewing for a second time. Joey Jackson, thank you very much.
JACKSON: Thank you.
