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Supreme Court Justice Antonio Scalia is the next political figure under fire, after making a statement Wednesday during a hearing of an affirmative action case, suggesting that Blacks belong in colleges with lower standards.

An attorney from the University of Texas was under questioning from Scalia because the school was defending its right to use race as a factor in determining admission into the school.

According to the court transcript, Scalia said,
“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 less — a slower track school where they do well. One of the briefs pointed out that most of the black scientists in this country don’t come from schools like the University of Texas.”

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This was the second hearing in the Fisher v. Texas case. The court has been very divided on this manner, sending the case down to lower courts the last time around.

This viewpoint by one of the nation’s top judicial voices comes as colleges across America are dealing with high levels of racial incidents and confrontations on campus.