If the logic of Justice Clarence Thomas’ concurring opinion were actually followed by the court, then affirmative action for the vast majority of Black Americans would be saved.
Such a program would have particular purchase for older, Ivy League institutions, such as Harvard College, a co-defendant in the Supreme Court case. These schools generated much of their early income from slavery and the slave trade. Georgetown University has acknowledged the role of its founding Jesuits in the slave trade. The other respondent in thecases, the University of North Carolina, was founded in 1789, the creation of a state whose economy depended overwhelmingly upon slavery.
There are two clear drawbacks to such a plan. First, this program would not include Latinos, who, while subordinated and discriminated against, were not enslaved. This would risk disrupting the Black-Brown political coalition in support of affirmative action. But not only is this coalition weak , there is only so much a policy could achieve under the Supreme Court restrictions handed down in thecases.
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