Justice Thomas: Constitution Doesn't Support Racial Preferences

This is a good day for this story, especially given the results of the Rasmussen poll posted earlier:

WASHINGTON (AP) - Supreme Court Justice Clarence Thomas said Tuesday that African-Americans are better served by colorblind programs than affirmative action.

Thomas, addressing leaders of historically black colleges, said affirmative action "has become this mantra and there almost has become this secular religiosity about it. I think it almost trumps thinking."

A longtime opponent of race-based preferences in hiring and school admissions, Thomas said, "Just from a constitutional standpoint, I think we're going to run into problems if we say the Constitution says we can consider race sometimes."

Thomas, 60, has voted on the court to outlaw the use of race in college admissions and in determining which public schools students will attend. He wrote with evident resentment in his autobiography "My Grandfather's Son" that he felt he was allowed to attend Yale Law School in the 1970s because of his race and took a tough course load to prove he was as able as his white classmates.

"My suggestion would be to stop the buzz words and to focus more on the practical effect of what we're doing," he said Tuesday.

"I can tell you when you have fudge words, it leaves a lot of room for mischief," he said. "People have a tendency to read their personal opinions into fudge words. You want, when it comes to the issue of race, absolute words."

Thomas could have just as easily said that when you have fudge words, you leave room for judges to impart their own opinions based on what they call "fairness", instead of a strict interpretation of the law. Affirmative Action was a misguided attempt at fairness, and yet in its very construction was unfair to any but the protected class.