I’d like to share with you some thoughts that came out of a short piece I was asked to write about the Roberts Court. I’d like to dedicate this commentary to Yusor Abu-Salha, who spoke on NPR’s Story Corps about how wonderful the U.S. is, where people of all backgrounds share one culture, shortly before she, her husband and sister-in-law were killed in Chapel Hill because they were Muslims, and to all the others, Christian, Jewish, Muslim, and all who have been murdered or tortured because they had what bigots defined as the wrong parents or beliefs.
You might think that the melting pot is the result of a lot of individual private decisions. But you’d be mostly wrong. Actually the melting pot is the result of a series of very public decisions. We made the decision, centuries ago, to provide a public education to everyone. That put us in the forefront of the world as an educated, progressive, productive and egalitarian society. We made the decision almost two centuries ago to provide public coeducational schooling. That put us in the forefront of the world in creating decent and progressive gender relations. We made the decision long ago to provide an education to immigrant children alongside the children who had been born here. That made us one people, regardless of where we came from. And all the private decisions in the great American melting pot took place in a world defined by our public schools.
Finally in the mid-twentieth century, the U.S. Supreme Court decided that we would treat race the same way that we had treated gender, language, religion and ethnic differences – that is, we would bring everybody into the same public schools. That opened the melting pot to still more of us so that our racial divisions are less sharp than they were a century ago – nowhere close to erased, but less sharp.
Chief Justice Roberts famously wrote, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” But he wrote that in connection with a decision to prevent a pair of school districts from bringing people together across racial lines. No melting goes on with Roberts at the stove.
When decisions are made that advantage the majority, Justice Scalia makes it plain he thinks that’s just normal; he sees no need to ask whether anyone was discriminating or intending to treat minorities differently. But there’s no vice versa for Scalia – any decision favoring racial minorities is automatically suspect for him. Indeed, he and Thomas have described “legal protection from the injuries caused by discrimination” as “special protection” and “favored status.”
In 1782, French immigrant Hector St. John de Crèvecœur, famously wrote that immigrants “melted” easily into Americans, and freed themselves from the slavery of the Old World. The same year, the Founders of our country adopted our motto, e pluribus unum, Latin for out of many one. Our Founders did all they could to welcome immigrants, making e pluribus unum a reality for us. That has been our country’s glory. That welcome has peopled our continental expanse, brought to our country the most talented and driven from all parts of the world, and allowed us all to share in the benefits of each other’s talents and accomplishments. That welcome has allowed us to build a country without the hostilities that have torn and still so blatantly tear other countries apart. There is nothing more truly American than e pluribus unum. And nothing more central to the development of our great country than the melting pot, even if some of those who now lead our highest institutions can no longer see it or enjoy its savory aroma. It was left for the British writer Israel Zangwill in 1909 to put the immigrants into “the great Melting-Pot where all the races of Europe are melting and reforming!” adding, “Into the Crucible with you all! God is making the American.”
The Founders worked specifically to welcome Muslim immigrants to America. They would have been proud of the Abu-Salhas and ashamed of Craig Hicks, and would join us in cherishing the diversity of people who share decent lives in America and praying for that mutual respect everywhere.
— This commentary was broadcast on WAMC Northeast Report, February 17, 2015.
 Parents Involved v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007)
 League of United Latin Am. Citizens v. Perry, 548 U.S. 399, 515-18 (2006) (Scalia, J., dissenting in part).
 Romer v. Evans, 517 U.S. 620, 645, 652-53 (1996) (Scalia, J., dissenting).
 Hector St. John de Crevecoeur, Letters from an American Farmer (1782).
 Israel Zangwill, The Melting Pot: Drama in Four Acts (1909).