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July 01, 2011

Awesome: Federal Court Rules Michigan's Law of Nondiscrimination In College Admissions To Be... Unconstitutional

I believe it was Antonin Scalia who pithily summed this up in, I think, a concurrence when a nondiscrimination policy in admissions was challenged.

The questions were: 1, is discrimination based on race even constitutional in the first place?

And, 2, even if it is Constitutional, is it also mandatory?

He wrote of question 2: The Constitution cannot mandate what it barely tolerates in the first place.

But many disagree, and we call such people "Democrat appointed federal judges."

Bear in mind, the Michigan Constitution expressly forbids racial preferences. So the claims is being made that the federal Constitution, which barely permits these preferences in the first place, also knocks down state constitutions that forbid them.

Jennifer Gratz, who headed the Michigan Civil Rights Initiative ballot proposal, said she doesn't think the ruling is going to stand long term because the U.S. Supreme Court has ruled initiatives than ban ran preferences are constitutional.

"To me, this is the epitome of an activist court. These justices held onto this ruling for years and released it the day before the holiday weekend. They were hoping they would catch people off guard and not make the news," said, Gratz, director of the American Civil Rights Institute, a California-based group that advocates against affirmative action.

Ward Connerly, a former University of California regent who was a major backer of Proposal 2 and California's similar Proposition 209, said the ruling means the people have no right to govern their own institutions.

"It's saying the people have no right to insist that everyone be treated equality. It places the ultimate decision in the hands of the university that they are supreme ones," Connerly said by phone from California. "It's a terrible, terrible decision that will not stand."

I think that's right, so, in a better world, these judges should be impeached.

They know the law. They also don't care.



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posted by Ace at 01:53 PM

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