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re: Supreme Court & the affirmitive action vote
Posted on 4/22/14 at 12:45 pm to Antonio Moss
Posted on 4/22/14 at 12:45 pm to Antonio Moss
quote:Yes. However. There is a WIDE gulf between saying it is ok if a state or other organization has AA, it is ok, and saying failure to have AA is illegal.
To be fair, when Affirmative Action was originally declared constitutional the Court acknowledged that it was a major exception to a very hard line stance against public segregation/racial preference under the Equal Protection Clause. Justices even commented that it was intended to be a temporary boost and would need to be done away with eventually.
Sotomayor seems to be simply arguing that the "fix" isn't ready to be lifted. The precedent is not well grounded in law so I can at least understand why her argument today also deviates from a discussion centering on legal principle.
Overturning the Michigan case would be tantamount to declaring AA to be constitutionally REQUIRED.
Posted on 4/22/14 at 12:53 pm to ShortyRob
quote:Sotomayor
This case involves this last chapter of discrimination: A majority of the Michigan electorate changed the basic rules of the political process in that State in a manner that uniquely disadvantaged racial minorities.
I of course do not mean to suggest that Michigan’s voters acted with anything like the invidious intent of those who historically stymied the rights of racial minorities. But like earlier chapters of political restructuring, the Michigan amendment at issue in this case changed the rules of the political process to the disadvantage of minority members of our society
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