Before Brown versus the Board of Education, before the 1964 Civil Rights Act, there was Executive Order 9981. President Truman’s 1948 directive banned discrimination against military personnel on the basis of race, color, religion, or national origin. It was considered the first major blow to segregation.
It is a surprising historical truth that the U.S. military, despised as an engine of war by many progressives, has been a leading institution in America’s fight for racial equality. And because the opinions of military leaders carry great weight with many Americans, I thought I would remind one American in particular, just where the military stands on a decision he will be making very soon.
My letter this week is to Supreme Court Chief Justice John Roberts as he considers a challenge to the affirmative action program at the University of Texas.
Dear Chief Justice Roberts,
It’s me, Melissa.
Remember last June, when you were the deciding vote in the Supreme Court’s decision to uphold the Affordable Care Act? Yeah–that was a pretty cool way to ensure your legacy. It gave me faith that despite your ideologically derived positions and willingness to overturn established precedent, you just might be open to reasonable, evidence based arguments about what is good for our country.
Which is why I now draw your attention to the affirmative action case before you–Fisher v. University of Texas–the one that challenges the practice of including a race based factor in the college admission process.
Now you’ve made your thoughts on affirmative action known before–most notably in 2007 when you wrote that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Mr. Chief Justice, you know better. It is not that simple. Racial bias is both pervasive and deeply entrenched. But we are not helpless, we know how to address it. And one of the best examples of how to do so is on your desk right now.
Right there, under that picture of you swearing in President Obama, twice, yep, there it is, the friend-of-the-court brief filed by a who’s-who of retired military generals and admirals including three former chairmen of the Joint Chiefs.
The first thing you will notice, Mr. Roberts, is that affirmative action works!








