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Antonin Scalia argued that Powell had been wrong to uphold affirmative action in any form. Restorative justice, he claimed, is inherently not right and not constitutional. “The affirmative action system now in place,” he wrote, would produce perverse results that would “prefer the son of a prosperous and well-educated black doctor or lawyer—solely because of his race—to the son of a recent refugee from Eastern Europe who is working as a manual laborer to get his family ahead” because it “is based upon concepts of racial indebtedness and racial entitlement rather than individual worth and ...more
When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America
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