Supreme Court Takes Up Affirmative Action Cases, Raising Alarms

The Supreme Court, with its weighty conservative majority, has shown its cards with the cases it takes up: lots on religious liberty, a handful of challenges to abortion rights, one on a defunct Environmental Protection Agency rule that experts were equal parts shocked and alarmed to see the Court accept. 


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1402472
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Next up Blum will be challenging insider trading laws as unfair restraint of trade.

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TPM, don’t you mean “Conservative Action Cases?”

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Unfortunately in order to critique the adoption of ‘race-neutral’ admissions you need critical race theory, which will soon be illegal.

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No surprises with this court, it’s all going according to program. Took some time, but the Right has the court its always wanted (back) and they are going to use it; 19th century we hardly knew ya.

...they all came out of the same Big Bang of hatred for the New Deal and its legacy: Big Government and the coalition that sustains it -- blacks, gays, unionized workers, women, et alia. Each conservative tribe has its own relationship to that legacy -- some of them (the more intelligent ones, generally) are deeply cynical, and some are as sincere as any schizophrenic street preacher. But all of them deeply hate that a bunch of minorities have coalesced to get something that they think belongs by right to them and people like them, and many of them have learned that it would be more effective (and, these days, more popular) to strike at the state that enables that coalition than at the minorities themselves. – Roy Edroso

NB: The Plessy v. Ferguson decision of 1896 has never been explicitly overturned and it would honestly be no surprise to see this court resurrect elements of it in fact if not in law, Brown v. Board of Ed notwithstanding.

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Nor a surprise. The moment I heard that Ruth Bader Ginsburg had died I knew where we were headed.

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OT, but obv related and also another 100% correct thread…

Did I mention…

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We have a court that has forfeit its legitimacy but retains its power. Combined with its right wing partisan agenda, America is in for dark times.

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… The case fractured the court; the nine justices issued a total of six opinions. The judgment of the court was written by Justice Lewis F. Powell Jr.; two different blocs of four justices joined various parts of Powell’s opinion. Finding diversity in the classroom to be a compelling state interest, Powell opined that affirmative action in general was allowed under the Constitution and the Title VI of the Civil Rights Act of 1964."

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  1. Hope you have your taste/smell back, Kate.

  2. Appropriate $150 million to pay these assholes to retire.

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For the files.

image

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From the main page blog…

Newt Gingrich, who is advising the House GOP leadership, is now threatening jail time for the members running the select committee investigation of the January 6th insurrection.
… … …
Since when is Newt in Law enforcement?

And separately…
Cillizza steps in it…

He forgets where Sinema’s polls are… 8% approval 80%+ disapproval here in Arizona. I would think it would take a miracle for democrats to forget by the time the primaries roll around in 2024 that she killed the BBB and also two bills on voting rights that she herself co-sponsored.

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Decades, or even centuries, of precedent are irrelevant when you are on a mission from God to make America into a Christian nation, beholden to the white and wealthy. Conservatives have groused for a long time about “judicial activism”, but it’s clear that they were just mad that they weren’t winning all of the cases because of that pesky Constitution. Now, they have a court that considers the Constitution irrelevant, and they will get what they want.

The remaining question is the consequences…the SC depends on soft power, when it overturns our legal system and the foundation we have come to depend on, does it really think that people will continue to follow its decisions? I think we’re about to find out.

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the Court added another two cases to a docket full of hot-button issues

I pleaded with them not to start experimenting with the dinosaur DNA… and now look.

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In the end they may not like what they got.

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I might be wrong, but the last two presidents who ‘meh’ decisions were Jackson and Lincoln.

The upcoming aftermath is going to be fun to watch.

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This is the moment racist Roberts has been waiting for. They will kill affirmative action.

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So did the 2000 election. The result of that election put Roberts and Alito on the SC, which proceeded to issue the Citizens United ruling and the Shelby vs Holder decision, which effectively gutted the Voting Rights Act.

Al Gore would never have put Federalist Society extremists on the federal bench in a million years, but the criminally mendacious Ralph Nader based his entire campaign on the horseshit assertion that there weren’t vast and meaningful differences between Gore and GWB.

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Recap of the major Affirmative Action cases!

  • Regents of the University of California v. Bakke (1978) – Race can be used as a factor, but no quotas!
  • Grutter v. Bollinger (2003) – Again, race can be used as one of the many factors, but…
  • Gratz v. Bollinger (2003) – A preset point system is not okay
  • Fisher v. University of Texas (2016) – Broadly speaking, affirmative action holds up

(Grutter also came with that damn 25-year timer on affirmative action.)

So not sure what this duo of cases can possibly add. But we’ll see…

EDIT: Oops, my mistake. I guess these are all public schools, so perhaps there’s a question on the extent to which private schools can use race in admission. Although you’d imagine they’d have more leeway because, well, private (even if they do get federal funds, which is part of the Harvard lawsuit).

There’s a bit of a twobuttonmeme.jpg for the right here, since the lawsuits in both cases are being brought by students of Asian heritage.

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