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The Supreme Court is taking on affirmative action again in a case that involves the University of Texas. Justice Antonin Scalia, one of the court’s staunchest conservatives was questioning a lawyer arguing for race being a factor that should be incorporated into the admission process. During that questioning, Scalia made these comments:

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,” Scalia said, according to the transcript. “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 fast for them,” Scalia said. “I’m just not impressed by the fact that the University of Texas may have fewer. Maybe it ought to have fewer. And maybe some — you know, when you take more, the number of blacks, really competent blacks, admitted to lesser schools, turns out to be less.”

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