show me a case in which a person did not make the grade to get in school but still did.
Do you or do you not remember the quota system?
There was a requirement that certain institutions set to take specific numbers of certain races. Thereby it is only obvious that at one point or another someone from the "majority" was better qualified but passed over for someone who may have met requirements but was less qualified.
Now I think this is ok, as in college there are places to go. I'm not bashing affirmative action, as I think some advantages needed to be given to African Americans to catch up for decades of systemic oppression.
I'm just being fair about Scalia's opinion. Is that so foreign to you or do you only serve to make those you disagree with look as bad as possible? Even if it means distorting their views to attack them harder...