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.
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.