In oral arguments over an affirmative action case involving undergraduate admissions to the University of Texas, Justice Antonin Scalia had the following to say:
Justice Scalia: There are — there are those who contend that it does not benefit African-Americans to — 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 less — a slower-track school where they do well. One of — one of the briefs pointed out that — that most of the — most of the black scientists in this country don’t come from schools like the University of Texas.
Mr. Garre: So this court —
Justice Scalia: They come from lesser schools where they do not feel that they’re — that they’re being pushed ahead in — in classes that are too — too fast for them.