Did Clarence Thomas Benefit From Affirmative Action He Just Struck Down?

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The Supreme Court voted in favor of striking down affirmative action and the consideration of race in college admissions, prompting some to bring up how this practice may have previously benefited Supreme Court Justice Clarence Thomas.

Thomas sided with the majority, which ruled in favor of the conservative group Students for Fair Admissions in the Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard College cases. The group argued that colleges should no longer be able to use race as a consideration when admitting certain students.

While the Supreme Court's ruling faced criticism and divided the court, recent polls indicate it may be a popular decision. June polls found a majority of Republicans and Democrats opposed affirmative action, preferring merit-based admissions processes instead. It's a strikingly different picture from last year's Roe v. Wade decision, when polls showed the Supreme Court's decision to overturn the decades-long protection of abortion rights ran contrary to the opinion of most Americans.

The decision on Thursday came as the Supreme Court hears a number of contentious court cases in the final week of its current term. Previously, the Supreme Court ruled in favor of President Joe Biden in the United States v. Texas case, allowing the White House to focus deportation efforts on migrants considered to be a national security threat.

Clarence Thomas Affirmative Action
Justice Clarence Thomas at the White House in Washington, D.C., on October 26, 2020. On Thursday, June 29, 2023, the U.S. Supreme Court struck down affirmative action and the consideration of race in college admissions. Jonathan Newton /The Washington Post/Getty

In 1971, Justice Thomas was admitted to Yale's Law School as part of the affirmative action practice according to PBS, which reported that the school wanted 10 percent of its incoming class that year to be students of color.

While speaking with PBS FRONTLINE earlier this year, former National Security Adviser John Bolton said, "I do think he believed that people assumed he [Justice Thomas] was there as a beneficiary of affirmative action and it grated on him." Bolton was a classmate of Thomas at Yale.

While speaking with MSNBC on Thursday, the National Association for the Advancement of Colored People (NAACP) President Derrick Johnson spoke about the affirmative action decision and ruling by Justice Thomas.

"The worst thing about affirmative action is that it created a Clarence Thomas who benefited from the program and now is in a position where he's going to deny many young African American talented individuals an opportunity," Johnson said. "The problem has been that institutions of higher learning, corporations, companies, and other entities have denied well-qualified African American and other individuals access in terms of admissions, employment, because of their race."

Victor Shi, a delegate for President Joe Biden in 2020 also commented on the ruling and said, "So, both Justices Ketanji Brown Jackson & Clarence Thomas benefitted from Affirmative Action. Justice Ketanji Brown Jackson voted to uphold it for future generations. Justice Clarence Thomas voted to strike it down for future generations. Says a lot about this Supreme Court."

The PhD project, a diversity non-profit, also criticized the Supreme Court's decision saying in a statement to Newsweek: "We are deeply disheartened by the Supreme Court's decision, which could reduce access to higher education for historically marginalized and minority students."

Meanwhile, Republican presidential candidate and former Vice President Mike Pence applauded the ruling and said, "There is no place for discrimination based on race in the United States, and I am pleased that the Supreme Court has put an end to this egregious violation of civil and constitutional rights in admissions processes, which only served to perpetuate racism."

"I am honored to have played a role in appointing three of the Justices that ensured today's welcomed decision, and as President I will continue to appoint judges who will strictly apply the law rather than twisting it to serve woke and progressive ends," Pence added.

Newsweek reached out to the Supreme Court via email for comment.

About the writer

Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In January 2023, Matthew traveled to Moscow, Idaho where he reported on the quadruple murders and arrest of Bryan Kohberger. Matthew joined Newsweek in 2019 after graduating from Syracuse University. He also received his master's degree from St. John's University in 2021. You can get in touch with Matthew by emailing m.impelli@newsweek.com. Languages: English.


Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more