--- 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: 2026-10-05T08:40:21.076Z 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=1200&quality=75&auto=webp&crop=16:9 og:image:width: 4500 og:image:height: 2531 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=1200&quality=75&auto=webp&crop=16:9 ---  # Harry Reid: Justice Scalia's Comments on Affirmative Action Were 'Racist' > Sponsored content. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=04c3343d-df06-4a38-8806-a019e3c06ae9&cr=time-nl-dcbrief-2026q3-v1) ## Video: TIME Raw: Listen to Justice Scalia's Comments on Affirmative Action Case [Watch (HLS stream): TIME Raw: Listen to Justice Scalia's Comments on Affirmative Action Case](https://cdn.jwplayer.com/manifests/PKJLxZiX.m3u8) (1:10)  _Published 2015-12-11_  by [Tessa Berenson](https://time.com/author/tessa-berenson/)  ## Tessa Berenson Dec 10, 2015 4:42 PM UTC  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.” ## Transcript There are those who contend 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 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 lesser schools, where they do not feel that they're being pushed ahead in classes that are too Too fast for them. This court, I'm just not impressed by the fact that the University of Texas may have fewer, maybe it oughta have fewer. And some, you know when you take more, the number of blacks, really competent blacks, admitted to lesser schools, turns out to be less. And I don't think it stands to reason that it's a good thing for the University of Texas to admit as many blacks as possible. 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