Nonsense.

You can argue that affirmative action is a bad thing. But you can't argue with PERFORMANCE. For whatever reasons Sotomayor got into Yale, she did finish first in her class. She didn't get in and then spend four years barely scraping by. Maybe you get a better chance at getting into a college because you're a minority, but nobody is going to show up and take exams for you. And nobody is gonna make you the editor of the law review at your law school just because you might have a different skin tone than most.

None of us "earned" being born, did we? It's what we've done since. For fuck's sake.