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US court denies white students' discrimination case
Reuters ^ | 10/03/05

Posted on 10/03/2005 12:41:58 PM PDT by nypokerface

WASHINGTON (Reuters) - The U.S. Supreme Court let stand on Monday a ruling that three unsuccessful white applicants cannot collect any damages from their lawsuit challenging the University of Washington Law School's use of race as a factor in admissions.

Without comment or recorded dissent, the justices declined to review a U.S. appeals court ruling that upheld as legal the policy in effect in the mid-1990s when Katuria Smith, Angela Rock and Michael Pyle applied and were rejected.

"The law school's narrowly tailored use of race and ethnicity in admissions decisions during 1994-96 furthered its compelling interest in obtaining the educational benefits that flow from a diverse student body," the appeals court ruled.

The Supreme Court in a major ruling in 2003 upheld the use of racial preferences in university admission decisions and cited the benefits of a diverse student body. The court upheld the University of Michigan's affirmative action program that favors minorities who apply to its law school.

The appeals court cited the 2003 decision in the case involving the University of Washington law school.

Viet Dinh, a Georgetown University law professor and a former senior Justice Department official in the Bush administration, appealed to the Supreme Court on behalf of the three white students.

"This case is an excellent vehicle for developing the law in this area," Dinh said in the appeal. He said the law school had failed to consider "race-neutral alternatives."

Attorneys for the state urged the justices to reject the appeal. They said public colleges and universities should be given the time to develop and refine their admissions policies in view of what the Supreme Court decided in 2003.

The law school policy at issue in the case was ended after voters in 1998 approved an initiative that prohibited the state from considering gender or race in admissions, hiring or contracting.

The Supreme Court said it rejected the appeal in an order issued on the first day of its new term. The court rejected about 1,800 appeals that had piled up during their summer recess.


TOPICS: Culture/Society; Government; US: Washington
KEYWORDS: affirmativeaction; diversity; vietdinh
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To: cyborg

Exactly my thought, cyborg. They didn't suffer any money damages we can fairly calculate.


21 posted on 10/03/2005 1:10:44 PM PDT by HitmanLV
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To: gondramB

Disappointing but not unexpected.

Roberts is turning out just as predicted - a real loser.

Thank you Mr. Bush for stabbing me and every other conservative in America in the back, sir.

May history remember you for the political negative you have striven so hard to become.


22 posted on 10/03/2005 1:11:11 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: gondramB

It wouldn't have bothered me if they got money except for one thing. It would only be passed on to the students anyway in terms of higher tuition. I see the society trending towards a meritocracy, something that's not really existed before till now.


23 posted on 10/03/2005 1:12:21 PM PDT by cyborg (I'm on the 24 plan having the best day ever.)
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To: gondramB

I'm not sure its the first indication of what a monster Roberts will become.

Check out:

http://www.freerepublic.com/focus/f-news/1495901/posts


24 posted on 10/03/2005 1:12:33 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: gondramB
Well thats a blow to equal protection and a disappointing first decision for the Roberts court.

Maybe they didn't want to take it since the issue at hand was eliminated by voter initiative about seven years ago. They might try one if it were a currently applicable case.

25 posted on 10/03/2005 1:13:06 PM PDT by antiRepublicrat
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To: nypokerface

Thanks O'Connor!


26 posted on 10/03/2005 1:13:43 PM PDT by Aetius
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To: ZULU
Bush supports racial preferences. He "applauded" the SCOTUS decision to uphold them in the Michigan case.
27 posted on 10/03/2005 1:14:36 PM PDT by dagnabbit (Vincente Fox's opening line at the Mexico-USA summit meeting: "Bring out the Gimp!")
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To: HitmanNY

"What damage did they suffer?

How can money damages be fairly calculated?

I wouldn't take the case either."

Bingo. Basically, I took it to mean that the SCOTUS decided these three folks won't be getting rich off this case.


28 posted on 10/03/2005 1:15:43 PM PDT by L98Fiero
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To: cyborg

It's nice to see that some other people (too few) actually read and understood what they did from the article.


29 posted on 10/03/2005 1:19:24 PM PDT by WV Mountain Mama ("Good? Bad? I'm the one with the gun." Ash Williams, "Army of Darkness")
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To: cyborg
Roberts is turning out just as predicted - a real loser.

There isn't any indication that Roberts participated in this case, since this is his first day on the job.

30 posted on 10/03/2005 1:20:28 PM PDT by Pyro7480 (Blessed Pius IX, pray for us!)
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To: Pyro7480; cyborg; ZULU

Sorry, cyborg. That reply was meant for ZULU.


31 posted on 10/03/2005 1:21:21 PM PDT by Pyro7480 (Blessed Pius IX, pray for us!)
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To: dagnabbit

Maybe he should resign and give the position to Keyes.

We never had a black President.

The more I hear about Bush, the less I like him.


32 posted on 10/03/2005 1:22:05 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: antiRepublicrat

"Maybe they didn't want to take it since the issue at hand was eliminated by voter initiative about seven years ago. They might try one if it were a currently applicable case."

Well.... that sounds like a good point.


33 posted on 10/03/2005 1:24:41 PM PDT by gondramB ( We cannot defend freedom abroad by deserting it at home.)
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To: nypokerface
"The law school's narrowly tailored use of race and ethnicity in admissions decisions during 1994-96 furthered its compelling interest in obtaining the educational benefits that flow from a diverse student body,"....

There is no ideological diversity in our newsrooms, wouldn't there be a more compelling interest here......?

The NBA seems to be functioning quite well with very little diversity......

My girlfriend went to Sweet Briar, an all girls' school in central Virginia. She feels the ABSENCE of diversity, (read boys) is what made her experience there quite fruitful as far as obtaining an education.

This ruling is so steeped in idiocy, it will in the end harm blacks a great deal in my opinion.

34 posted on 10/03/2005 1:25:42 PM PDT by wayoverontheright ("RICH" = OUR NATION'S EMPLOYERS AND INVESTORS.)
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To: nypokerface

I'm going to be sick.
& My anger over the newest Bush Nominee is resurfacing.


35 posted on 10/03/2005 1:41:33 PM PDT by Cindy_Cin
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To: sourcery

Thanks for at least offering a bright side ...
However, I'm still slightly depressed :(


36 posted on 10/03/2005 1:44:09 PM PDT by Cindy_Cin
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To: ZULU

"Roberts is turning out just as predicted - a real loser.
"

Oh, boy! One day of the Roberts court and you've declared him a loser. Back up a bit and wait a while. The court's refusal to hear a case is often based on a lot of things. Try to withhold your judgment long enough to see what happens with some of the cases they DO decide to hear.


37 posted on 10/03/2005 1:53:08 PM PDT by MineralMan (godless atheist)
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To: nypokerface

What are the "educational benefits that flow from a diverse student body?" I really want to know. Wouldn't it be a greater benefit to have a smart student body?


38 posted on 10/03/2005 1:57:59 PM PDT by Tailgunner Joe (Millions for defense but not one penny for tribute!)
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To: ZULU

Roberts is turning out just as predicted - a real loser.

Thank you Mr. Bush for stabbing me and every other conservative in America in the back, sir.

May history remember you for the political negative you have striven so hard to become.

Use your head. Roberts just got there. There were leftover cases from the summer when Roberts wasn't there. If you aren't on a case, you can't decide it. Leave Roberts alone. Concentrate on Harriet Miers now. Roberts is a done deal.


39 posted on 10/03/2005 2:00:55 PM PDT by flaglady47
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To: ZULU

Roberts has been on the court less than a week......Do you really believe he has read all the cases that were presented?
Give the guy a break.


40 posted on 10/03/2005 2:25:18 PM PDT by newcthem (And Atlas Shrugged.)
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