The court to which I refer is the United States Supreme Court, as politicized a court as we've seen in the English-speaking world for many centuries. It's a place that nurtures neoliberalism and lards it with hefty dollops of racism when and as required.
Enter Antonin Scalia, such a batshit crazy right winger that even Bush/Cheney brought in an outsider rather than hand him the Chief Justice slot. This is what rolled off Scalia's lips today:
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.
Blacks can't function at quality schools, ergo they're better off at "lesser (i.e. black) schools".
Where are America's lawyers in all of this? Where is the once powerful American Bar Association? Their silence is their acquiescence in Scalia's racist outrage and it becomes their complicity.
I am very uncomfortable with the parallels being drawn between post-9/11 America and fascism of an earlier era yet some are inescapable. Scalia's observations seem reminiscent of the "unter-menschen" ideology of racist inferiority that should be repugnant in any free, democratic state.