Skip to comments.Supreme Court to take new look at affirmative action
Posted on 02/21/2012 9:18:55 AM PST by jazusamo
WASHINGTON (AP) The Supreme Court once again will confront the issue of race in university admissions in a case brought by a white student denied a spot at the flagship campus of the University of Texas in Austin.
The court said Tuesday it will return to the issue of affirmative action in higher education for the first time since its 2003 decision endorsing the use of race as a factor in admissions. This time around, a more conservative court is being asked to outlaw the use of Texas affirmative action plan and possibly to jettison the earlier ruling entirely.
(Excerpt) Read more at washingtontimes.com ...
This issue will never go away.
It’s become a full employment scheme for the ACLU.
Has anybody ever noticed that the liberals who run around screaming about gay marriage equality in the name of the 14th Amendment are the same liberals who believe in racial quotas and affirmative action which contradicts the 14th Amendment?
You’re right, the ACLU will never give up on this.
I sure would like to see this Court shoot down affirmative action if for no other reason than to hear the ACLU pukes scream.
Only problem is several of the members of the SCOTUS are on the bench because of affirmative action.
That’s right but they’re libs and they’d vote for it no matter that being so anyway.
It’s “the pursuit of happiness”, folks. Not a state-authorized guarantee of happiness. Affirmative action by definition discriminates against some citizen or citizens. How can this be constitutional?
Reparations for all victims of affirmative action!!!
Exactly! It can't.
Kagan is taking a dive on this one. The Dems WANT affirmative action torpedoed in this case, in order to energize their base for Obama ("If Obama doesn't appoint the next Supreme Court Justice, affirmative action will be HISTORY!").
When I was in government, if there was a job promotion available and all but one candidate for the position were white, here was how it worked. White guy(s) is rejected for the promotion - no problem. Minority guy(s) is rejected for the promotion, supervisor had to complete a BAA 32 question form, including an essay, detailing exactly why the minority was not selected. So, in essence, if a supervisor did not want to go through all the 32 question BS and write the essay, he would naturally select the minority. Case closed - and ALMOST everybody is happy. My how fair and just was that system?
Maybe their doing this because Kennedy tipped his hand to one of his clerks or something. Why would they take it up again unless an overturning was in the cards? I don’t mind equal pay and fair protection in the workplace, but affirmitive action has always been a sore point with me. This is good news, thanks for the thread.
hey in a few more years white people will be the minority, rest assured benefits for minorities will then end
You’re most welcome.
It’s sore point with me also. Close to 20 years ago our son was aced out of a good job by affirmative action and a high up with the outfit wasn’t bashful about saying so. Not a thing we could do about it.
Of course... Cognitive dissonance is a hallmark of what passes for a thought process in Leftyland...
Why that... that would be a... a conspiracy!
(But good thinking, I believe you might have nailed the hit on the head.)
“How can this be constitutional?”
It’s not. Never has been. Never will be. One of the most disgusting pieces of trash ever foisted upon the American people who, by the way, accepted it like the sheep they are.
uhh oh.....hope Revs. Jackson and Sharpton have invested their nest eggs wisely...
at least we no longer have Sandy Day O’Connor there to look at her horoscope and say “It’s Constitutional today. I think it probably won’t be in 17.4 years, but it is today”.
LOL! Those two race pimp artists will be screaming bloody murder.
For anyone interested -
Review the effects of the current Texas system. it is really shocking.
When the news talks about it - they say “you can get into UT if in top 10% of graduating HS class” - and it sounds like simple sop to the minorities - and you figure - well - still top 10% - right?
BUT - the play continues - if you are in top 25%, and score X on the test - you also get in.
Now the “X” is set fairly low - but in a white school - top 25% wouldn’t score that low - but in a minority school - etc -
anyway - it is bizarre - people are moving TO minority school districts - because it is so much easier to get into UT from a bad school district.
It is really a crazy system - but you can imagine - how much they had to screw with the numbers - try to get 10-20% blacks into UT.
I’ve lived under affirmative action regimes from the year I graduated from high school (1964) up to this year when I reach my “normal retirement age” of 66. Because I am not a member of a “protected class” I’ve been adversely affected by this my whole life, my children have also been adversely affected and my grandchildren are beginning to reach the points in their lives where they will be adversely affected. How long will the injustice of this practice be allowed to continue? When will we all be allowed to have a true EQUAL OPPORTUNITY to pursue happiness and not have some groups GUARANTEED equal results?
Our country desperately needs to get to a point where ALL persons have truly equal opportunities and get away from our current situation where some are “MORE EQUAL” than others merely because of the “group” they are in.
It was Justice O’Conner who came up with the idea that, thirty years after the Civil Rights of 1964, another twenty-five years of race-based admissions could be countenanced.
Even so, the rule was supposed to be in the context of no race-neutral “remedy” was practical. But, UT had a race-neutral remedy, one of admitting students based on class rank (as opposed to basing admission on a score on a standardized exam). So, UT dispensed with its race-neutral remedy and went with a race-based policy. It thus demonstrated bad faith and should be disciplined by the Supreme Court.
Having said that, UT may have opened the door for overturning the O’Conner rule on the basis that nobody can trust the bums in public institutions such as UT and a “bright line” of no race-based admissions criteria is the only enforceable rule.
With some indulgence, I’d like to comment briefly on why winning the Presidential election is so very important important. It looks as though we will only suffer the appointment of two younger Marxist-multiculturalists, replacing two of the more liberal members of the Supreme Court.
Just imagine if the interloper has another four years? He will probably be able to complete the replacement of the aging liberal members of the Court with younger Marxist-multiculturalists; and, may even replace one or two of our guys with younger Marxist-multiculuralists as well.
Just this alone should sober up anyone who believes in the principles upon which this country was founded.
With Justice OConner gone there should be a fair chance of the Court overturning the lower decision.
You’re dead on the money about Obama’s defeat having a huge impact on SCOTUS and the leftists are very aware of it. Should we get a conservative in the WH it could be one of the most important things this president does.
Affirmative Action is about guaranteeing some groups SUPERIOR results, not equal results.
Just be black.
20 points on their 100 point scale are for skin color.
Google “RIT affirmative action univ of Michigan” - should get a white paper - PRO Aff Action - that laid out their whole program.
Being black - regardless of your socio -economic status - menaing son of 2 Drs gets the same treatment - was worth 20 points. Same as Div 1 Football player - it was max you could score.
They whine about it, media discusses it = and you think - well - what’s so bad about a thumb on the scale. Then - investigate it = and you find ou they had a leg on the scale.
And - UT is WORSE than Michigan for race advantages.
Their race neutral policy was NOT race neutral. Texas is effectively segregated to a large degree.
It became a tremendous advantage to go to a majority - minority school. Kids going to good all white high performance schools would get trashed.
The maximum number of points possible is 150. Students who receive 100 or more points are automatically admitted, students who receive 90 and 99 are placed on the waiting list, and students who receive less than 90 are automatically rejected.A back-door way to achieve affirmative action. Grades count seven times as much as SAT scores. So if you go to a school where disruption and absenteeism are rampant, and the teacher is happy enough with you to give you an A for just showing up and not pulling a knife on her, you get in.
Points are accumulated under two categories, the first of which is called Academic factors and the second of which is called Other factors. Under Academic factors, a total of 110 points can be earned. Under Other factors, a total of 45 points can be earned.
The Academic factors include grade point average, which can yield a maximum of 80 points; SAT scores, which can yield a maximum of 12 points; the quality of the school from which the student comes, which can yield up to 10 points; and the difficulty of the school curriculum, which can yield up to 8 points.
Rather, the controversy is based on the Miscellaneous subcategory that appears in the category of Other factors. In this category, a student can earn 20 points if he or she possesses any one of the following attributes (students cannot score points for more than one attribute): the student is judged to have a social-economic disadvantage, he or she is a scholarship athlete, he or she receives discretionary support from the Provost, or the student is an underrepresented minority.
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