Posted on 06/29/2023 7:18:24 PM PDT by Rummyfan
So the Supreme Court has ruled against Harvard and UNC, and in the process fatally wounded the “diversity” and “affirmative action” practices of most every higher education institution in America.
There’s a lot to say about that, but I want to mark one important point: This ruling represents a drastic retreat in the social position of higher education. Though the ruling itself is not so much the cause as a symptom.
Media accounts I’ve seen have tended to suggest that the Supreme Court had found that “diversity” is a compelling interest, sufficient to justify overriding the Constitution’s ban on racial discrimination. For example, the Wall Street Journal’s report stated: “For 45 years, the Supreme Court has recognized a limited exception to that rule for university admissions, one based on the schools’ academic freedom to assemble classes that support their educational mission. Diversity was a compelling interest, the court had found.”
But the Supreme Court did not itself find that diversity was a compelling interest. Rather, it deferred to universities’ claims that diversity was a compelling interest. A court defers to someone else when it says that it may have a different opinion on the matter itself but it will allow the opinion of the person or entity in question to control because of their expertise. So, for example, under the now moribund doctrine of Chevrondeference, the Court would defer to an agency’s interpretation of the statute it administers, even if the Court would have interpreted the statute differently.
(Excerpt) Read more at instapundit.substack.com ...
Sadly, the United States of America is home to systemic/institutional racism/sexism, and its name is “affirmative action.”
Straight, white/Asian males are the only people it is legal to discriminate against, and discrimination against them is required by law.
If you cannot use race then this ruling should also apply Gender preferences for women and gender-challenged... Race was the basis for giving Gender preferences as well. They do not give a preference for being Irish, Dutch, etc. The law giving Race preference is struck down, thus Gender preference in admissions is moot as well.
The Big Ugly Lie in America about Preferences being deined to Asians... is that it was the White Male who bore the brunt of this unjust policy. Diversity means White Men also deserve consideration (other than competence) the same as weaker students.
I would like Michaelle Obama to go ON RECORD, and tell us with all CLARITY....that she DID NOT have the Gradepoint Average, nor did she exhibit a reasonable high grade on the college entrance exams to enter Princeton, but the ONLY way she could get in was to declare that she is BLACK, and Princeton needed to lower their entrance level standards..so she and others like her, as well as with the DNA of the Negroid composition, needed Affirmative Action.
Does this kill affirmative action everywhere?
It is hardly a coincidence that shortly after the imposition of Affirmative Action, grievance studies departments popped up to spread critical race theory. Militant blacks, like Holder, occupied campus buildings until their nonnegotiable demands were met. College administration catered to the radicals. Now college applicants have to sign a loyalty oath to DEI. DEI graduates now infest every level of government, education and business. AA was a great victory for communists.
Nope - and Roberts, being Roberts, left wording in which would allow colleges to reword things and continue on with the same crap - at least he didn’t reword it for them this time...
Affirmative Action’s Demise and Higher Education
Note all the people in the Biden admin.
Glenn Reynolds is one of the few remaining law professors who I respect. He believes in the application of Constitutional law and not in judge’s making court decisions based upon “feelings” and what they believe is “fair”.
His site is a great place to go to for a variety of news links and interesting comments by readers.
Instapundit is my first stop every morning.
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