http://www.thenation.com/doc.mhtml?i=20030714&s=foner

Diversity Over Justice

by ERIC FONER


In the current political climate, the Supreme Court's decision
upholding the right of colleges and universities to take race
into account in admissions must be considered a victory for
those committed to racial justice. Celebration, however, should
be tempered by some unpleasant facts about American history and
society, and the Court itself.

When first developed in the 1960s, affirmative action formed
part of a far broader program for attacking both poverty and
racial inequality, including a domestic Marshall Plan to
reverse urban decay and create jobs, and government action to
end housing segregation and drastically improve urban public
education. This program has virtually vanished. Affirmative
action, the one surviving element, must be defended, but with
no illusions that it alone can adequately address the enduring
legacy of 250 years of slavery and a century of Jim Crow. In
the long run, the Court's decision will be cause for cheer only
if it serves to reinvigorate a broader struggle for racial
equality.

Among the Justices, only Ruth Bader Ginsburg seemed willing to
face the extent of inequality in America. Her powerful dissent
in the undergraduate case forthrightly stated what should be
obvious--that race still matters enormously in housing,
healthcare, income, schooling and other areas of American life.
Ginsburg directly attacked the conservative sophistry that,
under the rallying cry of "colorblindness," conflates
affirmative action with past efforts to stigmatize minorities.
Programs designed to create greater equality, she writes,
cannot be equated with "policies of oppression." Her dissent
marks Ginsburg's emergence as an uncompromising voice of
liberalism on the Court, something absent since the departure
of Thurgood Marshall and William Brennan.

Partly because they assumed, correctly, that Justice Sandra Day
O'Connor, a strong critic of the idea of "societal racism,"
would turn out to be the swing vote in a 5-to-4 decision,
Michigan's lawyers decided to emphasize not persistent racial
inequality but the educational value of racial diversity. The
diversity argument presents affirmative action not as a program
that primarily aids minorities but as one that improves the
educational environment, a more politically palatable case. But
it runs the risk of suggesting that access for nonwhite
students is desirable mainly because it enhances the
educational experience of whites by exposing them to classmates
from different backgrounds. Diversity is undoubtedly a worthy
goal. But a single-minded focus on diversity deflects attention
from the need to combat the numerous inequalities to which
Ginsburg referred.

Most nonwhite students do not attend elite colleges and
professional schools that feed the upper echelons of society
but public two- and four-year ones. As a recent article in The
Chronicle of Higher Education makes clear, the greatest threat
to educational diversity today arises from the severe cutbacks
in public funding imposed on these institutions by
cash-strapped state governments. Tuition is rising rapidly, and
scholarships are being reduced. A significant drop in minority
enrollment will inevitably follow.

O'Connor's opinion suggests that she was strongly influenced by
briefs on behalf of affirmative action filed by major corporate
executives and retired military officers. They argued that the
United States cannot compete in today's global economy, or
maintain an effective military, without racially diverse
business and military leaders. This argument has a historical
precedent. Half a century ago, when Brown v. Board of Education
was before the Court, the Eisenhower Administration urged the
Justices to consider segregation's effect on the world standing
of the United States in the cold war. People of other nations,
it declared, "cannot understand how such a practice can exist
in a country which professes to be a staunch supporter of
freedom, justice, and democracy."

Once again, the international interests of the United States
have prompted steps toward greater racial equality at home. The
result should be applauded. But we should not lose sight of the
fact that corporate globalization has had a devastating impact
on the black working class by hastening deindustrialization,
and that military service offers many nonwhites the opportunity
to advance socially only by taking part in wars abroad. It is a
sign of the times that it required an appeal to the demands of
globalization and an imperial foreign policy to persuade the
Court to uphold affirmative action in higher education.

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