That's not what Scalia said by any stretch of the imagination. What he clearly said is that people of a certain color are less likely to be qualified (and thus less deserving of public investment even if potentially qualified).
That's an outright lie, else you're ignorant.
Here's what Scalia *postulated* based on an amicus brief - which is a "friend of the court" providing information - that brief was provided by the US Government :
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 slower-track school where they do well, Scalia said from the bench. One of the briefs pointed out that most of the black scientists in this country dont come from schools like the University of Texas. They come from lesser schools where they do not feel that theyre being pushed ahead in classes that are too fast for them.
...
Scalia appeared to be referencing an amicus brief filed by Gail Heriot of the United States Commission on Civil Rights. In her brief, Heriot points to a study that shows minority students are less likely to major in science or engineering if their test scores and grade point averages put them in the bottom half of the admitting class at their institution. Heriot says that if UT actually wanted to help minorities, it would find black students who were admitted to MIT and convince them that their chances of succeeding at UT, which is less selective, are higher. The brief also points out that one-third of blacks who received a doctorate in science or engineering in 2006 got their degrees from historically black colleges and universities (HBCUs). These colleges, on average, have lower admissions standards than UT.
The amicus was filed by the
USCCR which is a Government agency formed by the Civil Rights Act of 1957.
From their website :
Mission
The Civil Rights Act of 1957 created the U.S. Commission on Civil Rights. Since then, Congress has reauthorized or extended the legislation creating the Commission several times; the last reauthorization was in 1994 by the Civil Rights Commission Amendments Act of 1994.
Established as an independent, bipartisan, fact-finding federal agency, our mission is to inform the development of national civil rights policy and enhance enforcement of federal civil rights laws. We pursue this mission by studying alleged deprivations of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, or national origin, or in the administration of justice. We play a vital role in advancing civil rights through objective and comprehensive investigation, research, and analysis on issues of fundamental concern to the federal government and the public.