Tag Archives: Affirmative action

Say no more

scaliaScalia on DOMA (passed by Congress almost 20 years ago ago by a vote of 85-14 in the Senate and 342-67 in the House):

We have no power to decide this case,” Scalia wrote. “And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation.

Scalia on Affirmative Action (law was extended by Congress in 2006 for 25 more years by a vote of  98-0 in the Senate and 390-33 in the House):

Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes… It’s a concern that this is not the kind of a question you can leave to Congress

And jkust for the heck of it, here’s somerthig else he wrote:

DOMA is motivated by ‘bare … desire to harm’ couples in same-sex marriages

Some Constitutional rigor there, eh?

What will The Nine sayeth?

As those who give a damn wait for the Supreme Court to wrap up this session and announce their final decisions, I dare to repost my own predictions. Know that I bravely put these out here so that you may bow to my majesty if I’m right, or mock me without mercy if I’m wrong.

  • DOMA – The Supremes knock it down as unconstitutional
  • California Prop 8 – unconstitutional
  • Affirmative Action – limited decision, but basically will say the program has – in some instances – run its course. They side for the Plaintiff.

Want to guess the outcome?

Another big case for the Supreme Court this session: they’re going to look at a case with . . .

. . .  the potential to undo an accommodation reached in the Supreme Court’s 5-to-4 decision in 2003 in Grutter v. Bollinger: that public colleges and universities could not use a point system to boost minority enrollment but could take race into account in vaguer way to ensure academic diversity.

Justice Sandra Day O’Connor, who wrote the majority opinion in Grutter, said the accommodation was meant to last 25 years.

Kagan has recused herself because her office at the White House was involved with this a few years ago. So that makes for a 5-3 conservative majority, a majority by the way that is entirely Catholic and entirely male (that seems to be the theme of the day, doesn’t it..

Impatient, aren’t they.

That Trump! Impeccable sources!

I’m actually sorry Obama did this. I don’t believe in responding to conspiracy theorists with facts; it ends up making no difference. Wait for the newly minted pronouncements on what’s wrong with that birth certificate to emerge. They will.

Donald Trump wants to know how Obama got into those Ivy League colleges. He thinks it must be affirmative action, because Trump ‘heard’ that Obama’s grades weren’t all that great.