--- title: Harry Reid: Scalia Affirmative Action Comments Were 'Racist' description: Harry Reid called Justice Antonin Scalia "racist" Thursday after comments the justice made during an oral argument on affirmative action. canonical: https://time.com/4144454/harry-reid-justice-scalia-racist/ author: Tessa Berenson article:opinion: false article:content_tier: free article:published_time: 2015-12-10T16:42:22.000Z article:modified_time: 2026-02-22T13:16:34.551Z article:section: Politics og:title: Harry Reid: Justice Scalia's Comments on Affirmative Action Were 'Racist' og:description: "These ideas that he pronounced yesterday are racist in application, if not intent" og:url: https://time.com/4144454/harry-reid-justice-scalia-racist/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt37f8cf4f8b58981f/698874ceab6d7744796a785e/harry-reid-scalia-racist-comments.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 og:image:width: 1200 og:image:height: 675 og:image:alt: Harry Reid og:type: article twitter:card: summary_large_image twitter:title: Harry Reid: Justice Scalia's Comments on Affirmative Action Were 'Racist' twitter:description: "These ideas that he pronounced yesterday are racist in application, if not intent" twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt37f8cf4f8b58981f/698874ceab6d7744796a785e/harry-reid-scalia-racist-comments.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  # Harry Reid: Justice Scalia's Comments on Affirmative Action Were 'Racist'  by [Tessa Berenson](https://time.com/author/tessa-berenson/)  ## Tessa Berenson Dec 10, 2015 4:42 PM UTC  In this Dec. 1, 2015 file photo, Senate Minority Leader Harry Reid of Nev. speaks on Capitol hill in Washington. In this Dec. 1, 2015 file photo, Senate Minority Leader Harry Reid of Nev. speaks on Capitol hill in Washington.J. Scott Applewhite—AP  by [Tessa Berenson](https://time.com/author/tessa-berenson/)  ## Tessa Berenson Dec 10, 2015 4:42 PM UTC Senate Minority Leader Harry Reid [called Justice Antonin Scalia “racist”](http://www.cnn.com/2015/12/10/politics/harry-reid-antonin-scalia-racist-comments/index.html) Thursday after comments the Supreme Court justice made during an oral argument on affirmative action. Scalia drew controversy for a line of questioning he took in the Wednesday oral argument for _Fisher v. Texas_, a case about affirmative action. Referring to a brief filed in the case, Scalia said in part, “I’m just not impressed by the fact that the University of Texas may have fewer (African-Americans)… Maybe it ought to have fewer.” He [also mentioned](https://www.washingtonpost.com/news/morning-mix/wp/2015/12/10/where-justice-scalias-got-the-idea-that-african-americans-might-be-better-off-at-slower-track-universities/) “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,” and said, “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. … They come from schools where they do not feel that they’re being pushed ahead in classes that are too fast for them.” Speaking on the Senate floor Thursday morning, CNN reports Reid pushed back on the comments, saying, “These ideas that he pronounced yesterday are racist in application, if not intent. I don’t know about his intent, but it is deeply disturbing to hear a Supreme Court justice endorse racist ideas from the bench on the nation’s highest court. His endorsement of racist theories has frightening ramifications, not the least of which is to undermine the academic achievements of Americans, African-Americans especially.” ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4144454/harry-reid-justice-scalia-racist/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4144454/harry-reid-justice-scalia-racist/"},"headline":"Harry Reid: Justice Scalia's Comments on Affirmative Action Were 'Racist'","datePublished":"2015-12-10T16:42:22.000Z","dateModified":"2026-02-22T13:16:34.551Z","description":"\"These ideas that he pronounced yesterday are racist in application, if not intent\"","url":"https://time.com/4144454/harry-reid-justice-scalia-racist/","keywords":["Supreme Court","Congress","Harry Reid","Affirmative Action","Antonin Scalia topic"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt37f8cf4f8b58981f/698874ceab6d7744796a785e/harry-reid-scalia-racist-comments.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Tessa Berenson","jobTitle":null,"url":"https://time.com/author/tessa-berenson/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt37f8cf4f8b58981f/698874ceab6d7744796a785e/harry-reid-scalia-racist-comments.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Harry Reid","caption":"Harry Reid","creditText":"J. 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