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student and perhaps a student’s first-year success in college or in a professional program—which says that the tests could be helpful for students after they are admitted, to assess who needs extra assistance the first year. And so, on October 12, 1977, a White male sat before the Supreme Court requesting slight changes in UC Davis’s admissions policies to open sixteen seats for him—and not a poor Black woman requesting standardized tests to be dropped as an admissions criterion to open eighty-four seats for her. It was yet another case of racists v. racists that antiracists had no chance of winning.3 With four justices solidly for the Regents, and four for Bakke, the former Virginia corporate lawyer whose firm had defended Virginia segregationists in Brown decided Regents v. Bakke. On June 28, 1978, Justice Lewis F. Powell sided with four justices in viewing UC Davis’s set-asides as “discrimination against members of the white ‘majority,’” allowing Bakke to be admitted. Powell also sided with the four other justices in allowing universities to “take race into account” in choosing students, so long as it was not “decisive” in the decision. Crucially, Powell framed affirmative action as “race-conscious” policies, while standardized test scores were not, despite common knowledge about the racial disparities in those scores.4 The leading proponents of “race-conscious” policies to maintain the status quo of racial disparities in the late 1950s had refashioned themselves as the leading opponents of “race-conscious” policies in the late 1970s to maintain the status quo of racial disparities. “Whatever it takes” to defend discriminators had always been the marching orders of the producers of racist ideas. Allan Bakke, his legal team, the organizations behind them, the justices who backed him, and his millions of American supporters were all in the mode of proving that the
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Ibram X. Kendi (Stamped from the Beginning: The Definitive History of Racist Ideas in America)