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The Color of Law A Forgotten History of How Our Government Segregated America by Richard Rothstein (z-lib.org).epub

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duped. Integration cannot wait until every African American youth becomes

a model citizen.

Affluent suburbs may experience a decline in property values after

integration, because racial and economic snobbery is now part of their

appeal to buyers.

Offering incentives to encourage African Americans to settle in white

neighborhoods will involve substantial financial costs. If we include lowincome

children in upper-middle-class schools, we will have to divert

resources to special counseling and remedial programs, and taxes will have

to rise to pay for them or elective programs may have to be cut. If we

mislead white parents into thinking that integration will be cost-free, they

will be enraged, understandably so, when these costs become apparent.

Affirmative action programs are reasonable ways to address the legacy of

state-sponsored segregation. African Americans whose opportunities have

been limited because their families were locked in ghettos should be given

some compensation in the form of access to jobs and educations that their

forebears were denied. But affirmative action is also not without costs. In his

book For Discrimination, Harvard law professor Randall Kennedy ridicules

Barack Obama’s claim in The Audacity of Hope that affirmative action “can

open up opportunities otherwise closed to qualified minorities without

diminishing opportunities for white students.” Kennedy retorts, “How can

that be?” If college slots are limited and affirmative action admits a handful

of African Americans who wouldn’t otherwise attend, an equal number of

nonfavored applicants must be rejected. That number may be small relative

to the thousands of qualified applicants denied admission because of space

limitations, but it is not zero.

By not acknowledging this cost, we invite opponents of affirmative action

to exaggerate it, wildly in some cases, as they did in recent Supreme Court

challenges to University of Texas admission procedures that give a tiny

advantage to otherwise qualified African Americans. The plaintiff, Abigail

Fisher, was a white applicant who was less qualified than African Americans

who were admitted. By failing to acknowledge that a few whites might have

to give up their places in an affirmative action program, we encourage any

white student rejected by an elite university to feel victimized and to blame

affirmative action for his or her failure.

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