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November 01, 2022

Supreme Court Justices Are Skeptical of Affirmative Action (Again!) in University Quotas Case;
Justice Alito Goes on Warpath With Elizabeth Warren "Let's Say I Pretended to be an Indian" Non-Hypothetical

The Supreme Court has expressed skepticism about affirmative action over and over. I think the last time they heard a case, they suggested the practice was permissible for now, but must end soon. I think a number mentioned by one justice, perhaps not agreed to by the majority, was 25 years. (A commenter, apparently Joe Biden's Dog, tells me it was Sandra Day O'Connor who proposed sunsetting Affirmative Action in 25 years-- 19 years ago.)

Well, nineteen years later, and there's no sign of affirmative action sunsetting like Joe Biden's brain any time soon.

John Sexton writes that they're once again asking, "When is this unconstitutional-but-currently-tolerated practice scheduled to finally end, do you think?"

Spoiler: It's not going to end until you make them end it.

From the AP:

The court's six conservative justices all expressed doubts about the practice, while the three liberals defended the programs, which are similar to those used by many other private and public universities...

Justice Clarence Thomas, the court's second Black justice who has a long record of opposition to affirmative action programs, noted he didn't go to racially diverse schools. "I've heard the word 'diversity' quite a few times, and I don't have a clue what it means," the conservative justice said at one point. At another, he challenged defenders: "Tell me what the educational benefits are."

Justice Amy Coney Barrett, another conservative, pointed to one of the court's previous affirmative action cases and said it anticipated a halt to its use in declaring that it was "dangerous" and had to have an end point. When, she asked, is that end point?

Justice Samuel Alito likened affirmative action to a race in which a minority applicant gets to "start five yards closer to the finish line." But liberal Justice Sonia Sotomayor, the court's first Hispanic justice, rejected that comparison saying what universities are doing is looking at students as a whole.

Breaking: Woman who owes her placement in college and law school, and ever job hiring and promotion, to affirmative action thinks that affirmative action is just swell.

And she thinks it's looking at "the whole person." See, when schools discriminate against Asians (and whites), it's because their "whole persons" are bad. Asians have bad personalities, the Ivy League admission boards assert.

Sexton than quotes this from Business Insider. Sam Alito seems to be applying for the job of Elon Musk's CTO (Chief Trolling Officer) here.

Alito asked North Carolina Solicitor General Ryan Park -- who is defending affirmative action policies at the University of North Carolina -- what is preventing students from claiming heritage they don't have.

"It's family lore that we have an ancestor who was an American Indian," Alito offered.

Park agreed that in that instance, it would not make sense for a student to say they are of American Indian heritage.

Alito replied: "I identify as an American Indian because I've always been told that some ancestor back in the old days was an American Indian."

Park conceded, agreeing that it is unlikely that the student was telling the truth.

More at Sexton's link. He points out that the leftist judges are attempting to argue two completely contradictory points:

1, that affirmative action barely makes any difference at all in admissions so no one really suffers any injury being discriminated against by it, so slight are its effects,

but also

2, if affirmative action is ended, the effects on black and Hispanic enrollment will be "precipitous" and catastrophic.

Choose one (1), please, lying Marxist leftwing propaganda-slingers.

Maybe the Court should just now make into the law their previous suggestion of "25 years until affirmative action ends" -- dating it from their original suggestion to that effect, 19 years ago.

Six years is enough time for these people to convert to a non-illegal model of admissions.

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posted by Ace at 02:30 PM

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