Supreme Court accepted Affirmative Action cases (user search)
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  Supreme Court accepted Affirmative Action cases (search mode)
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Author Topic: Supreme Court accepted Affirmative Action cases  (Read 1550 times)
lfromnj
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« on: January 24, 2022, 04:46:23 PM »

Affirmative Action was going to be unconstitutional anyway as of June 23, 2028, so all this will do is move up the clock a bit.

What about that date specifically?

25 years from Grutter v Bollinger where o Connors said she expected AA would not be legal. So you can't scream the Supreme Court is radically overturning precedent.
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lfromnj
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« Reply #1 on: January 24, 2022, 04:54:47 PM »
« Edited: January 24, 2022, 06:22:00 PM by lfromnj »

Most of the legal defense on any affirmative action program has frankly been incredibly weak. I have much more respect for Sotomayors view that affirmative action should be legally mandated than this idea that it doesn't violate the CRA(where applicable) or the equal protection clause.
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lfromnj
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« Reply #2 on: January 24, 2022, 05:55:51 PM »

Affirmative Action was going to be unconstitutional anyway as of June 23, 2028, so all this will do is move up the clock a bit.

What about that date specifically?
On June 23, 2003 the Supreme Court issued their Grutter v. Bollinger which upheld affirmative action based on a 5-4 decision with Sandra Day O'Connor joining the liberals. However O'Connor wrote a bit of an odd decision, she said that affirmative action is justifiable due to systemic issues in society but also said that in time these could be resolved and it would no longer be necessary. And then the kind of weird and very Sandra Day O'Connor-ish thing she did was set an actual deadline: stating 25 years from now affirmative action would no longer be necessary. So being the median vote that set the precedent: affirmative actions is legal and constitutional, but only for 25 years years from the point of that decision being written, hence until June 23, 2028.
What O’Connor’s opinion says, specifically, is “We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.” So the Court didn’t set a hard deadline after which affirmative action automatically becomes illegal. Rather, they expressed an expectation, a hope, i.e. “let’s revisit this issue again in 25 years and see if the reasoning still holds up or not.”

The main argument to save AA from a conservative  perspective is stare decisis. However even that is pretty weak here.
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lfromnj
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« Reply #3 on: January 25, 2022, 01:00:03 PM »

Good.

Affirmative action is the greatest example of modern-day systemic racism.

Systemic racism? Talk about white fragility.

Fragility is when people are upset about being discriminated against, apparently.

I mean I'm not sure it affects white people much. See Thomas Jefferson placing holistic reviews and increasing white students .
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lfromnj
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« Reply #4 on: January 26, 2022, 06:50:29 PM »

Good.

Affirmative action is the greatest example of modern-day systemic racism.

Systemic racism? Talk about white fragility.

Fragility is when people are upset about being discriminated against, apparently.

Oh my goodness, white people have every advantage imaginable. Universities making a small effort to correct for this imbalance isn't discrimination. Mediocre white people need to realize that maybe they aren't qualified instead of crying about affirmative action.

Asians are white?

White adjacent, yes.

Santander can die happy now.
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lfromnj
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« Reply #5 on: January 26, 2022, 07:56:05 PM »

Good.

Affirmative action is the greatest example of modern-day systemic racism.

Systemic racism? Talk about white fragility.

Fragility is when people are upset about being discriminated against, apparently.

Oh my goodness, white people have every advantage imaginable. Universities making a small effort to correct for this imbalance isn't discrimination. Mediocre white people need to realize that maybe they aren't qualified instead of crying about affirmative action.

Asians are white?

White adjacent, yes.

Question: What does "white" mean to you?

Asians don’t face the same discrimination as Blacks and Hispanics when it comes to education. That’s just the truth.

What discrimination  if any do hispanics face that Asians don't?
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