Three Activist SCOTUS Justices Root For Racial Discrimination In Oral Arguments, But Six Others Are Skeptical

WASHINGTON, D.C. — On Monday morning, I swept through the marbled halls of the Supreme Court of the United States, off First Street NE here in the nation’s capital, to enter the highest room of jurisprudence in the land. The sound of my footsteps muffled atop thick carpeting, the blinds on the massive windows mostly drawn and the room packed with rows upon rows of chairs, slowly filling.

A daughter of India who grew up in Morgantown, West Virginia, little could I know that over the next four-and-a-half-hours I would ride an emotional rollercoaster as three so-called “liberal” justices and four attorneys overlooked, erased, and tried to gaslight the truth of Asian Americans who face discrimination — or as the ideologues call it, “systemic racism” — in admissions to Harvard University and the University of North Carolina at Chapel Hill.

If not for fierce questioning from the court’s six conservative justices and the arguments of two attorneys for the plaintiffs, Students for Fair Admissions, Asian Americans would have been erased in the courtroom that day — much as they have been nationwide by “equity warriors” for whom we are an inconvenient minority. Instead, this is my prediction for the rulings, expected next year: a 6-2 victory by Asian American families and students over Harvard and a 6-3 win over the University of North Carolina at Chapel Hill.

Born in India, I was on an emotional roller coaster today in the Supreme Court, listening to 3 justices + 4 lawyers try to gaslight America on the reality of anti-Asian racism. Fortunately, 4 justices argued fiercely. My bet: 6-2, Harvard loses. 6-3 UNC loses. America wins 💯 🇺🇸 pic.twitter.com/IsQ1yK8Ny1

— Asra Nomani #WomanLifeFreedom (@AsraNomani) October 31, 2022

In 332 pages of court transcripts, “diversity” was referenced 202 times, most of the time by the universities’ lawyers and the three justices that supported them, with “Asian” mentioned only 81 times. The universities’ lawyers, the sympathetic U.S. solicitor general, and the three like-minded justices spoke many times about supporting “students of color,” “minorities” and “diversity” but most often excluded Asian Americans. Ironically, the three liberal justices waxed eloquently about “diversity” without once noting the obvious: There wasn’t an Asian American justice beside them.

In the most defining moment of the day, Harvard’s attorney, Seth Waxman, tried to downplay “race” as a “determinative factor” in admissions to Harvard, noting that it was just like, “you know,” being “an oboe player in a year in which the Harvard-Ratcliffe orchestra needs an oboe player will be the tip.”

Chief Justice John Roberts shot that comparison down immediately.

“Yeah. We did not fight a civil war about oboe players,” he said firmly.

“I—,” Waxman tried to interrupt.

Roberts continued, undeterred. “We did fight a Civil War to eliminate racial discrimination, and that’s why it’s a matter of — of considerable concern.”

Across the country, parents listening to the proceedings laughed and cheered. The day before, many of those parents, with names like Jack Ouyang, Wai Wah Chin,