<p>I’d explain it a bit differently than Patriot. </p>
<p>I grew up --a LONG time ago–as a military brat. The armed forces desegregated in 1948. This meant that some very, very talented African-Americans went into the military because they felt that they were more likely to advance in the military. Ironically, the make up of the military tended to be dominated by Southern white Protestants. It didn’t matter what your personal feelings were though. If a white man got an order from a black man who outranked him, he’d better follow it. </p>
<p>There were a lot of other effects.If you were assigned quarters next to someone “colored,” which was the polite term when I was growing up, you had to take them. That was that. So, some people had to live next door to people who would never have been their neighbors in civilian life. If base housing wasn’t available, you’d get a housing “allowance” to live off base. If a housing complex wouldn’t rent to a colored/black/African-American member of the armed forces and he filed an internal complaint and the military found that the landlord was discriminating, then everybody on base was informed that you could live in X,Y,Z housing complex if you chose to do so…but you would not get a housing allowance. Believe me when I say that a LOT of housing complexes in the South near military bases integrated because of that rule. </p>
<p>The end result was that, especially in the all volunteer military forces, African-Americans are WAY overrepresented, especially at the enlisted and NCO level. So, the military has practiced a form of affirmative action in the officer corps. </p>
<p>At some point, this was questioned–especially for the service academies. The military leadership went beserk. Now, most of these men are politically conservative–but they believe in affirmative action. Why? Because they realized that you can’t have a military in which enlisted men and NCOs are largely African-American which has a lily white officer corps and expect the military to work. It won’t. The officer corps HAS to have a lot of African-Americans for the system to be perceived as “fair.” When the officers are yelling at people to follow them into truly awful conditions where death is likely…some of those officers NEED to have the same color skin as the troops they are leading. </p>
<p>The rest of our society works like that too. If 98% of the judges are white and 95% of the attorneys are white and 90% of the jurors are white, do you really think African-Americans are going to perceive the judicial system as “fair?” Do a flip. If you are white, imagine that you were accused of assaulting an African-American. You looked at the judge. He was African-American. You looked at your attorney; he was African-American. You looked at the prosecutor. He was African-American. You looked at the jury. It was African-American. You looked at the prosecution’s witnesses; they were African-American. You looked at your witnesses. They were white. </p>
<p>Would you think you were going to get a fair trial? If not, would you feel comfortable raising your issues with your African-American legal aid lawyer? </p>
<p>If our country is going to work, people from all backgrounds have to think the “system” is fair. And that means in the aggregate, the judges and the lawyers in our legal system have to reflect the population of the US. </p>
<p>When Barack Obama was elected president, it said something about America. Lots of young African-Americans got the message that the system was NOT rigged against them. I can’t stomach Clarence Thomas, but if I were African -American and saw an all-white Supreme Court, I think I’d view its decisions a bit differently. If I were Hispanic, I’d see Sonia Sotomayer on the Supreme Court and think…maybe the kid from the housing project in the Bronx has a chance. </p>
<p>I’m sorry if this is rambling, but I hope this makes a point. Race is the “elephant” in the room in the US. We are a multicultural society. We can only succeed as a society if each major group within the society thinks that the system, including the legal system, is “fair.” Especially in criminal justice, that’ s just not going to happen if a high percentage of defendants are African-Americans and very, very few lawyers and judges are. That’s the REAL reason we need affirmative action.</p>