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Posted on 10/19/2013 4:16:04 PM PDT by dennisw
But Justice Antonin Scalia balked at that interpretation.
“My goodness, I thought we’ve held that the 14th Amendment protects all races,” he said. “I mean, that was the argument in the early years, that it protected only the blacks. But I thought we rejected that.”
He challenged Ms. Driver to cite one Supreme Court precedent that agreed the Equal Protection Clause was designed only to apply to blacks. She said she could not.
The amendment in Michigan, known as ballot Proposal 2, targeted policies adopted by the governing boards and faculty at state schools including the University of Michigan, Michigan State and Wayne State.
Those boards have extraordinary power to set admissions standards, free from control by the Legislature. Opponents said their only recourse was the state constitution, and they proposed the amendment — which passed with support from 58 percent of voters — to ban the use of racial or sex preferences unless a court has otherwise required them.
Justices said the current case is not so much about affirmative action as about the political process.
Opponents of Michigan’s amendment say that by elevating a ban on racial preferences into the state’s constitution, the state has imposed a higher burden on minorities than it has on other groups, such as alumni or geographic regions.
“The problem with Proposal 2 is that it creates two playing fields,” said Mark D. Rosenbaum, an attorney who argued against Michigan in the case.
The justices prodded the attorneys on whether they could uphold the Michigan amendment without overturning two other Supreme Court rulings, both of which ruled that states couldn’t change their political process to impose
(Excerpt) Read more at washingtontimes.com ...
Justice Antonin Scalia is OLD SCHOOL!!!!! I hope he stays very healthy and serves 40 more years. He is so solid like Sheriff Joe Arpio
OLD SCHOOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Agreed. Without Scalia, the far left would already have crossed lines that are imprudent to cross, and we would probably be in our second Civil War. I just pray that Scalia's logic and maturity can win without the need for bloodshed to stop the evil transformation of our country.
Maybe Roberts can rewrite the 14th to make it a tax?
you gave me a laugh!!!
He’s Sheriff Joe with another 40 IQ points.
And NO, that’s not a slap at Joe. Very few people are within 40 points of Scalia.....
BAZINGA
By granting racial preferences the federal and state governments has imposed a higher burden on minorities than it has on others. To have one group thinking they are entitled to free services for life we have damaged the core of the Black people. It is shocking for them to learn we Whites will no longer treat them as ‘special beings’.
The 14th. Amendment is what’s allowing illegal aliens to give birth in the US and they’re automatically citizens - anchor babies is what they’re called.
“Justice Antonin Scalia is OLD SCHOOL!!!!!”
Amen to that bro. Of course, Roberts will phone his master Buttcrack O and ask what he wants to do..
he been wrong a fewtimes, but overall, GOD BLESS SCALIA.
“The 14th. Amendment is what’s allowing illegal aliens to give birth in the US and they’re automatically citizens - anchor babies is what they’re called.”
This could be modified enough to make us happy via legislation but no one has the gonads to do it. It is an incorrect interpretation of the 14th and the word “jurisdiction” within that makes anchor babies US citizens
Not necessarily. 14th Amendment has two tests, one is born in US and the other is subject to US jurisdiction. Illegal aliens in the US have children, and when deported with their children, the US has no Jurisdiction. It also applied to Indian tribes, ambassadors children, people visiting the US for business, etc.
The law written by Teddy Kennedy extended US citizenship not only to children of illegal aliens, but also to any who claim to be family members. That isn’t required by the Constitution. It also extends citizenship to children of unknown parentage or birth within the US.
Title 18 has the applicable law.
More liberals with the soft bigotry of low expectations.
check the media organizations... I bet they admit to discriminating against anyone that is right of center, politically
this would be akin to religious discrimination. if you don’t think the left is a bunch of radical religious zombies... just try saying ‘fox news’, ‘Tebow is a great guy’, ‘I love chik-fil-a’ or ‘Sarah Palin would be a great choice’
oh, and stand back... projectile green vomit is a distinct possibility
Thanks dennisw.
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