During oral arguments on an affirmative action case on Tuesday, Supreme Court Justice Antonin Scalia said the 14th Amendment protects everyone, not “only the blacks.”
The quote was tweeted by the New York Times’ David Leonhardt.
The high court debated Tuesday whether voters can ban affirmative action programs through a referendum. The case is centered around a 2006 Michigan vote that approved a ballot initiative amending the state’s constitution to ban affirmative action programs in higher education.
Scalia has brought race into previous arguments. In February 2013, Scalia suggested that the continuation of Section 5 of the Voting Rights Act represented the “perpetuation of racial entitlement,” saying that lawmakers had only voted to renew the act in 2006 because there wasn’t anything to be gained politically from voting against it.