How Sharp is Justice Scalia These Days?

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


During Wednesday’s oral arguments in the University of Texas affirmative action case, Justice Antonin Scalia said this:

There are those who contend that it does not benefit African Americans to get them into the University of Texas, where they do not do well, as opposed to having them go to a less-advanced school, a slower-track school where they do well.

As many people have pointed out, what Scalia was haltingly trying to describe is “mismatch theory.” I’ll let a conservative explain this:

The argument is that students who are (1) not up to a college’s usual admissions standards and (2) nonetheless admitted for reasons wholly unrelated to their academic backgrounds are less likely to have good educational outcomes than if they had gone to a college for which they were more properly prepared and qualified. It’s not a new argument.

No indeed. In fact, several amicus briefs were filed making exactly this argument.

When I first read about Scalia’s remarks, I wasn’t surprised that he had brought this up. There’s considerable debate about mismatch theory, but it’s a respectable argument. What I was surprised about is the way he brought it up. Scalia had read the briefs. He has a famously keen mind. And yet, he sputtered and searched for words, and eventually described mismatch theory in the crudest, most insulting way possible.

I don’t think that was deliberate. I think he was just having trouble searching his brain for the right words. He’s also seems even more prone to outbursts of temper than usual lately. I wonder if Scalia is still as sharp as he used to be?

WE'LL BE BLUNT:

We need to start raising significantly more in donations from our online community of readers, especially from those who read Mother Jones regularly but have never decided to pitch in because you figured others always will. We also need long-time and new donors, everyone, to keep showing up for us.

In "It's Not a Crisis. This Is the New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, how brutal it is to sustain quality journalism right now, what makes Mother Jones different than most of the news out there, and why support from readers is the only thing that keeps us going. Despite the challenges, we're optimistic we can increase the share of online readers who decide to donate—starting with hitting an ambitious $300,000 goal in just three weeks to make sure we can finish our fiscal year break-even in the coming months.

Please learn more about how Mother Jones works and our 47-year history of doing nonprofit journalism that you don't find elsewhere—and help us do it with a donation if you can. We've already cut expenses and hitting our online goal is critical right now.

payment methods

WE'LL BE BLUNT

We need to start raising significantly more in donations from our online community of readers, especially from those who read Mother Jones regularly but have never decided to pitch in because you figured others always will. We also need long-time and new donors, everyone, to keep showing up for us.

In "It's Not a Crisis. This Is the New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, how brutal it is to sustain quality journalism right now, what makes Mother Jones different than most of the news out there, and why support from readers is the only thing that keeps us going. Despite the challenges, we're optimistic we can increase the share of online readers who decide to donate—starting with hitting an ambitious $300,000 goal in just three weeks to make sure we can finish our fiscal year break-even in the coming months.

Please learn more about how Mother Jones works and our 47-year history of doing nonprofit journalism that you don't elsewhere—and help us do it with a donation if you can. We've already cut expenses and hitting our online goal is critical right now.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate