principle of color-blindness prevents the University from giving "special" consideration to race when this Court, in 1896 licensed the states to continue to consider race, is to make a mockery of the principle of "equal justice under law."
As a result of our last discussion on this case, I wish also to address the question of whether Negroes have "arrived." Just a few examples illustrate that Negroes most certainly have not. In our own Court, we have had only three Negro law clerks, and not so far have we had a Negro Officer of the Court. On a broader scale, this week's U.S. News and World Report has a story about "Who Runs America." They list some 83 persons -- not one Negro, even as a would-be runnerup. And the economic disparity between the races is increasing. According to the latest report of the United States Commission on Civil Rights:
"While the average jobless rate for whites fell from 7 percent in 1976 to 6.2 percent in 1977, the average unemployment rate for blacks increased from 13.8 percent to 13.9 percent during that period. The black unemployment rate thus was more than twice as great as that for whites during 1977. For workers of Hispanic origin, the average jobless rate dropped from 11.5 percent in 1976 to 10 percent in 1977 but unemployment among Hispanic was still 1. 6 times higher than that among whites."
The dream of America as the melting pot has not been realized by Negroes -- either the Negro did not get into the pot, or he did not get melted down. The statistics on unemployment and the other statistics quoted in the briefs
