Supreme Court accepted Affirmative Action cases
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Author Topic: Supreme Court accepted Affirmative Action cases  (Read 1535 times)
David Hume
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« on: January 24, 2022, 11:34:32 AM »

https://www.politico.com/news/2022/01/24/supreme-court-affirmative-action-harvard-unc-00001236

"The way to stop discrimination based on race, is to stop discriminating based on race."

Expect a 6-3 declaring racial preference in college admission unconstitutional.
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« Reply #1 on: January 24, 2022, 01:59:29 PM »

Biden should stay away from this entirely. Getting into a fight over this is handing Republicans an easy victory in the court of public opinion.
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Horus
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« Reply #2 on: January 24, 2022, 02:01:19 PM »

Probably a positive. Affirmative action should be based on income, not race, with American citizens prioritized. That way AA will still help those who need it the most (ADOS, second gen Mexican Americans) anyways.
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Matt24
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« Reply #3 on: January 24, 2022, 03:03:26 PM »

Probably a positive. Affirmative action should be based on income, not race, with American citizens prioritized. That way AA will still help those who need it the most (ADOS, second gen Mexican Americans) anyways.

Bad class-reductionist take. You realize black and brown people face hardships that cannot solely be explained by income, right?
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Horus
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« Reply #4 on: January 24, 2022, 03:08:54 PM »

Probably a positive. Affirmative action should be based on income, not race, with American citizens prioritized. That way AA will still help those who need it the most (ADOS, second gen Mexican Americans) anyways.

Bad class-reductionist take. You realize black and brown people face hardships that cannot solely be explained by income, right?

Of course, racism is a disgusting scourge on society. But that should go without saying, and that doesn't mean race should play a role in admission to University. My policy would help middle and working class American citizens, most of whom these days are non white anyways. Why are you okay with wealthy Ghanaians taking advantage of this system when they could easily just pay like the rich white folks they have much more in common with culturally?
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« Reply #5 on: January 24, 2022, 03:11:18 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.
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Matt24
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« Reply #6 on: January 24, 2022, 03:14:47 PM »

Probably a positive. Affirmative action should be based on income, not race, with American citizens prioritized. That way AA will still help those who need it the most (ADOS, second gen Mexican Americans) anyways.

Bad class-reductionist take. You realize black and brown people face hardships that cannot solely be explained by income, right?

Of course, racism is a disgusting scourge on society. But that should go without saying, and that doesn't mean race should play a role in admission to University. My policy would help middle and working class American citizens, most of whom these days are non white anyways. Why are you okay with wealthy Ghanaians taking advantage of this system when they could easily just pay like the rich white folks they have much more in common with culturally?

I never said to remove income entirely from affirmative action. Race isn't playing a role. Systemic discrimination that applicants face is being taken account to even out the playing field.
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H. Ross Peron
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« Reply #7 on: January 24, 2022, 04:36:41 PM »

Probably a positive. Affirmative action should be based on income, not race, with American citizens prioritized. That way AA will still help those who need it the most (ADOS, second gen Mexican Americans) anyways.

Bad class-reductionist take. You realize black and brown people face hardships that cannot solely be explained by income, right?

Of course, racism is a disgusting scourge on society. But that should go without saying, and that doesn't mean race should play a role in admission to University. My policy would help middle and working class American citizens, most of whom these days are non white anyways. Why are you okay with wealthy Ghanaians taking advantage of this system when they could easily just pay like the rich white folks they have much more in common with culturally?

I never said to remove income entirely from affirmative action. Race isn't playing a role. Systemic discrimination that applicants face is being taken account to even out the playing field.


You are merely repeating doctrinal dogmas. If anything elite colleges systematically favour maximizing nonwhite and Asian enrollment and have been demonstrated to do so even when banned from doing race based affirmative action. I doubt any impact of "systematic discrimination" on wealthy Nigerians or Argentinians is such to exceed this institutional tendency.
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Ferguson97
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« Reply #8 on: January 24, 2022, 04:44:13 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?
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lfromnj
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« Reply #9 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 #10 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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Saint Milei
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« Reply #11 on: January 24, 2022, 05:28:18 PM »

Probably a positive. Affirmative action should be based on income, not race, with American citizens prioritized. That way AA will still help those who need it the most (ADOS, second gen Mexican Americans) anyways.

Bad class-reductionist take. You realize black and brown people face hardships that cannot solely be explained by income, right?

Of course, racism is a disgusting scourge on society. But that should go without saying, and that doesn't mean race should play a role in admission to University. My policy would help middle and working class American citizens, most of whom these days are non white anyways. Why are you okay with wealthy Ghanaians taking advantage of this system when they could easily just pay like the rich white folks they have much more in common with culturally?

You do realize rich Africans have to pay full price for ivy-league schools right? Why do yall assume rich black people get aid lmao? And are you really suggesting a rich foreigner has more in common with an atlas poster than a black person?
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« Reply #12 on: January 24, 2022, 05:30:45 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.
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SteveRogers
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« Reply #13 on: January 24, 2022, 05:46:06 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.”
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lfromnj
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« Reply #14 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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THG
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« Reply #15 on: January 24, 2022, 05:56:30 PM »

Good.

Affirmative action is the greatest example of modern-day systemic racism.
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Matt24
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« Reply #16 on: January 24, 2022, 06:34:06 PM »

Good.

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

Systemic racism? Talk about white fragility.
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Zendstrummer
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« Reply #17 on: January 24, 2022, 06:37:28 PM »

I think the California standard on this issue is the best.
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The Free North
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« Reply #18 on: January 24, 2022, 06:51:31 PM »

Good.

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

Systemic racism? Talk about white fragility.

Indeed. Suggesting that Asian Americans receive a fair shake at university admission is driven from a deep sense of white fragility.

Great, thank you.
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PSOL
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« Reply #19 on: January 24, 2022, 06:53:36 PM »

The Republicans will strip the aid of poor kids after 2024, then things will really be squeezed.

Democrats might lose minority support depending on how they talk about this, if at all.
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Kahane's Grave Is A Gender-Neutral Bathroom
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« Reply #20 on: January 24, 2022, 07:30:15 PM »

Finally!

Can't wait to be unbanned from going to Harvard because Jewish, and looking forward to going to College campuses, which are the most anti-semitic places on earth after Hamas HQ.
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David Hume
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« Reply #21 on: January 25, 2022, 01:36:06 AM »

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.
O'Connor's 25 year was just a dicta, with ZERO legal effect. SC can revisit the issue whenever they want.
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Aurelius
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« Reply #22 on: January 25, 2022, 03:29:20 AM »

Finally!

Can't wait to be unbanned from going to Harvard because Jewish, and looking forward to going to College campuses, which are the most anti-semitic places on earth after Hamas HQ.

My eyes are rolling into the back of my head.
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Amenhotep Bakari-Sellers
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« Reply #23 on: January 25, 2022, 06:25:29 AM »

It's very easy to get into college Affirmative Action has done it's job but Clarence Thomas is against it and used it to be a judge, it's hypocritical for him, because he is in an interracial marriage not a Blk marriage

The hardest part is getting into grad school I went thru it but now it's on line schooling, who pays 200 K in student loans to go to Harvard Law school
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Chunk Yogurt for President!
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« Reply #24 on: January 25, 2022, 12:48:01 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.
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