Judge Napolitano: Florida School Standards Based on Race Are 'Unacceptable in Present Society'

The state of Florida unveiled some controversial new school standards, which are based on race. White and Asian students will have higher benchmarks to meet than their African-American and Hispanic counterparts.

One school board member

defended the policy, saying some kids are set up to fail when you implement the same standards across the board without taking into account that not every student "started in the same place."

A Florida NAACP official countered by saying a race-based system is "never the answer" and will make some students feel inferior.

But is the system even legal?

Fox and Friends asked Judge Andrew Napolitano, who said he could not find any previous case like it. But he pointed out that the policy would fly in the face of the 14th Amendment, which was enacted in order to prevent racial stereotyping.

"The government must level the playing the field and give everyone an equal opportunity. And it cannot perpetuate racial stereotypes. It's a quota and it makes it very difficult for young people who are in some of those ethnic groups to try and succeed when the state has said, 'you only have to do this percentage,'" he said.

Napolitano predicted the policy will be rescinded before it goes into effect, since he believes a court would likely overturn it.

Check out the full discussion:

Click here for more from Judge Napolitano!