Cummings Condemns U.S. Supreme Court Justice Antonin Scalia’s Comments in Fisher v. University of Texas

December 10, 2015
Press Release

Washington, D.C. (December 10, 2015) — Today, Congressman Elijah E. Cummings (D-MD) issued the following statement condemning U.S. Supreme Court Justice Antonin Scalia’s comments in Fisher v. University of Texas: 
“Justice Antonin Scalia’s remarks regarding African American students’ ability to perform at elite universities are a disgraceful contemporary example of views that were typical of segregationists in pre-Civil Rights era America. 
“Justice Scalia’s comments suggest that because some Black students struggle academically at the University of Texas, then all Black students should be tracked to attend schools that are less academically rigorous.
“His argument ignores the fact that many students of color do perform well at, and graduate from, the University of Texas every year. His argument begs the question about the many White students who struggle academically at the University of Texas.
“If you carry Scalia’s argument to its logical conclusion, then White students should also be stereotyped as a racial group and tracked en mass to a ‘slower track.’ 
“Scalia’s reasoning is not only illogical, it is dangerous, shortsighted and detrimental for our increasingly diverse nation.
“As recent events and an abundance of data show, the United States has not yet overcome the legacy of slavery and segregation that led to the creation of affirmative action in the 1960s.
“Affirmative action is a policy that remains as relevant today as it was then.  
“African Americans and other people of color are taxpayers and deserve to have robust representation at state universities that they help to fund.
“It is insufficient and disingenuous for courts to single out race as a disqualifying variable when so many other variables and preferences are deemed acceptable in the university admissions process.”