Whether "you don't have the brain processing power" is racist or not is debatable, but saying it about a black supreme court justice doesn't advance respectful debate as they are all claiming he promoted.I haven’t seen any of his comment about AA that were racist. The videos of Kirk that I’ve seen on the subject show him pointing out that those that get in thru lower standards can take a spot from those otherwise qualified. And that merit should be the same for all.
This clip at 28:21 is an example
I guess my concern with the "Let's all be treated equally" is there is plenty of evidence that black people have not in any way been treated equally in our society. Educationally and economically, data shows they have fallen behind. So, is it more reasonable to make small allowances to promote catching up or is it better to say "Sorry about your luck, but you will have to overcome historical disadvantages to ever be chosen. That is what is fair"
Also, this isn't a US problem, it is a human problem. A doctor in the training program I ran in Aus was from Zimbabwe. Brilliant man. Not only would I trust him to care for my family, he did care for my family. Yet, while passing the EM written test with no issues, he repeatedly failed the practical bedside exam. Tried 3 times. I talked him into a 4th. Failed again. The next year this article came out with extreme different pass rates for white vs other candidates. He works as a GP even though he should be a fully qualified EM doc.

Doctor forced to take acting classes in attempt to pass 'racist' test
A Middle Eastern doctor working in Sydney says a test to qualify as an emergency specialist consultant is "discriminatory".
