- Monday, July 10, 2023

Our founders clearly spelled out in the Declaration of Independence that all of us are created equal, endowed by our Creator with certain fundamental rights. In other words: Our rights come from God, not the government. The government’s role is to ensure those rights are not infringed upon in any way.  

The words “Equal Justice Under Law” are inscribed above the entrance to the Supreme Court of the United States. The recent decision by a majority of its Justices upheld these words as they struck down affirmative action admissions standards for college students. 

As Chief Justice John Roberts previously wrote, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” The ruling by the highest court in the land will be especially helpful as we attempt to counter the radical shift in higher education. 

In an impressive concurring opinion, Associate Justice Clarence Thomas brilliantly wrote that the High Court “sees the universities’ admissions standards for what they are: Rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes. Those policies fly in the face of our colorblind Constitution and our Nation’s equality ideal. In short, they are plainly—and boldly—unconstitutional.”

Justice Thomas continued, “While I am painfully aware of the social and economic ravages which have befallen my race and all who suffer discrimination, I hold out hope that this country will live up to it principles so clearly enunciated in the Declaration of Independence and the Constitution of the United States: that all men are created equal, are equal citizens, and must be treated equally before the law.”  

Personally, I am proud that the team at Young America’s Foundation (YAF) has been in this fight for decades. In 1977, YAF filed an amicus brief before the Supreme Court of the United States in the Regents of the University of California v. Bakke case. 

Allan Bakke twice applied for admission to the University of California Medical School at Davis. He was rejected both times despite having higher qualifications (which included grade point average and test scores) than any of the sixteen students who were admitted to the medical school class under the affirmative action program. Mr. Bakke contended in state court and then at the Supreme Court that he was excluded from admission solely based on his race. 

In a split decision, a majority of the members of the Supreme Court at that time ruled that the medical school must admit Mr. Bakke. Concurrent with that decision, a majority ruled that the use of race was permissible as one of several criteria for admissions. 

The recent victory in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College case corrects the inconsistency of those past opinions and opens the door for a society where people can be judged on the content of their character instead of the color of their skin. 

Sadly, many on the radical left are working hard to turn Americans against each other. They talk about unity and tolerance yet practice neither when it comes to those they disagree with on the issues. 

Conservatives must be the ones to bring people together. We don’t care if you are Black or white, young or old, rich or poor…we want freedom and opportunity for everyone. From those who were born here to those who legally immigrated here from somewhere else, we want them to have their own chance to live the American Dream. 

Reaction from the radical left was predictably ignorant of the Constitution. U.S. Rep. Summer Lee from Pennsylvania wrote, “As a Black woman who had the audacity to attend college, I am disgusted that our country just enshrined racial inequity in higher education and economic immobility into law.” Congresswomen Summer continued, “Make no mistake — this decision by this corrupt and illegitimate Supreme Court was *designed* to keep a generation of brilliant Black young people out of higher education and positions of power.”

In direct contrast to Rep. Summer’s statement, the decision upholds the 14th Amendment guarantee of equal protection under the law, which prohibits race from being used as a factor in college admissions. The irony is that the 13th, 14th and 15th amendments to the U.S. Constitution were enacted after the end of the Civil War during the Reconstruction period to ensure that slaves were free, treated equally under the law, and considered citizens who were able to vote. 

If anything is responsible for “inequity in higher education and economic immobility” these days, it is failed liberal policies that trap children in failing schools without a choice and overburden far too many entrepreneurs with excessive red tape and taxation. 

We understand true freedom and prosperity do not come from the mighty hand of the government. They come from empowering people to control their own lives through the dignity of hard work. It is time to let freedom ring across our nation. 

  • Scott Walker is president of Young America’s Foundation and served as the 45th governor of Wisconsin from 2011 to 2019.

 

 

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