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Donald Trump Hits Scalia Over Affirmative Action Remarks
Daily Caller ^ | 12/13/15 | Chuck Ross

Posted on 12/13/2015 1:02:11 PM PST by VinL

Republican presidential candidate Donald Trump is siding with many Democrats in criticizing conservative Supreme Court justice Antonin Scalia over comments he made about African American student achievement during oral arguments earlier this week of the affirmative action case, Fisher v. University of Texas.

"I thought his remarks were very tough,"Trump said of Scalia in an interview with CNN’s Jake Tapper that aired Sunday.

"They were very, very tough to a certain community," the Republican front-runner continued. "I thought it was very tough to the African-American community."

Scalia's remarks, made Wednesday, drew accusations of racism from Democrats and liberal activists who claimed that he was arguing that African American college students are less capable than other students. But Scalia's supporters have said that he was merely citing academic literature which has found that students granted admission based on affirmative action often struggle to keep up with their peers..

"There are those who contend that it does not benefit African Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less advanced school, a slower-track school where they do well,: Scalia said.

Referencing a friend of the court brief, Scalia said that it "pointed out that most of the black scientists in this country don’t come from schools like the University of Texas."

"They come from lesser schools where they do not feel that they’re being pushed ahead in classes that are too fast for them," the justice continued.

The remarks received immediate pushback from Democratic politicians and liberal activists.

Senate Minority Leader Harry Reid condemned Scalia's remarks on the Senate floor on Thursday. On Friday, House Minority Leader Nancy Pelosi called on Scalia to recuse himself from affirmative action cases in the future.

Scalia's defenders asserted that he was referring to what is known as "mismatch theory," a theory popularized by UCLA law professor Richard Sander and legal journalist Stuart Taylor Jr. in their book, “Mismatch: How Affirmative Action Hurts Students It's intended to Help, and why Universities won’t admit it."

But Trump appears not to buy into the thesis.

"I don't like what he said," Trump told Tapper of Scalia. "I heard him, I was like, let me read it again."

"I'm going 'whoa!'" the real estate billionaire concluded.

It remains to be seen how Trump's supporters will respond to their candidate’s criticism of Scalia, who is perhaps the most conservative Supreme Court justice.

In a round table analysis of Trump's interview, CNN's Dana Bash asserted that "for a Republican, for a conservative, to criticize Scalia is anathema."

"He sounded a lot like Harry Reid sounded there," she added.


TOPICS: News/Current Events; US: California; US: Nevada; US: New York; US: Texas
KEYWORDS: 2016election; affirmativeaction; antoninscalia; california; cnn; democrat; election2016; elections; harryreid; immigration; jaketapper; mismatch; nancypelosi; nevada; newyork; quotas; racenorming; richardsander; scotus; stuarttaylorjr; tedcruz; texas; trump; trumpwasright; ucla
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To: VinL

the trumpbots won’t mind. they’re already supporting a lifelong liberal, so throwing the most conservative justice on the SCOTUS under the bus is no big deal.


21 posted on 12/13/2015 1:25:27 PM PST by JohnBrowdie (http://forum.stink-eye.net)
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To: kiltie65

How can Trump hope to get along with the judiciary if he campaigns against them in a personal manner? We are not talking about Ginsberg here, but a fellow conservative on the court. He is showing himself to lack the judgement and character to an effective president.


22 posted on 12/13/2015 1:26:56 PM PST by DaveyB (Live free or die!)
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To: VinL

So who has the best interest of the black student in mind?

—The one that uses AA to get them into a difficult and competitive top tier four year institution, at which they fail, or

—The one that encourages the student to go to a two year school first, or a lower ranking four year school where they succeed?


23 posted on 12/13/2015 1:27:28 PM PST by truth_seeker (come with the outlws.)
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To: VinL

“They were very, very tough to a certain community,” the Republican front-runner continued. “I thought it was very tough to the African-American community.””

Ok so what is the “hit”?

It’s milder than what I’ve heard people on FR say when Scalia voted on an Scotus case we didn’t agree with.


24 posted on 12/13/2015 1:31:20 PM PST by VanDeKoik
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To: SunkenCiv

Yes I heard the interview. We get the usual making mount Everest out of a thimble of sand.


25 posted on 12/13/2015 1:32:09 PM PST by Red Steel
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To: fatnotlazy

Does this tell us anything about Trump’s judgment on appointing SC Justices?


26 posted on 12/13/2015 1:34:01 PM PST by conservativejoy (Pray Hard, Work Hard, Trust God,,,, We can elect Ted Cruz!)
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To: DaveyB

Same way Cruz hopes to get along with a senate that he has slammed.


27 posted on 12/13/2015 1:34:04 PM PST by VanDeKoik
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To: VinL
Democrats and liberal activists who claimed that he was arguing that African American college students are less capable than other students.

Affirmative Action is an admission of that assertion. Scalia does NOT have to argue the point; the mere existence of an Affirmative Action program is de facto admission of the assertion.

28 posted on 12/13/2015 1:34:32 PM PST by BwanaNdege
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To: VinL

To win the presidency, you build coalitions.
Defeating Mrs. Clinton requires limiting her attractiveness to black votes.

Trump said it came across as harsh. To black ears, it probably did.

I’ve got no problem with his statement.

It’s strategery.


29 posted on 12/13/2015 1:37:30 PM PST by aMorePerfectUnion
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To: Reno89519

Scalia’s remarks were ‘inartful.’ Good to see Trump say so.
*******************************************************************************

Liberal speak: ‘inartful’ = not politically correct.


30 posted on 12/13/2015 1:38:03 PM PST by House Atreides (Cruz or lose! Do TG & Boogieman have to be asses every day?)
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To: VinL

That is because Trump is all over the board. He knows what he knows, and there is a lot he doesn’t.

This true affirmative action problem is well known, and is no surprise to anyone who has followed the issues. It was probably the first time Trump has even heard of it.

Locking up Muzzies has covered up a lot of problems in his campaign - now he has painted graffiti on a cornerstone in the conservative foundation of America. Spitting on Scalia doesn’t help him, but proves the theory on certain issues he is to the left of Mitt Romney.

Cruz is a lot smarter than this.


31 posted on 12/13/2015 1:41:04 PM PST by Titus-Maximus (It doesn't matter who votes for whom, it only matters who counts the votes - Joe Stalin)
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To: Reno89519

Scalia was asking a question in an Oral argument. The attacks are based on taking his question out of context. Trump’s jumping on the democratic bandwagon to attack one of our best SC justices is a disgrace. Trump is a carnival barker not a conservative.


32 posted on 12/13/2015 1:43:02 PM PST by dschapin
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To: VanDeKoik
Same way Cruz hopes to get along with a senate that he has slammed.

It is ironic that Trump said that Cruz can't get along with RINO's at the same time he picks a scrap with Scalia. But there is a significant difference between the two. Cruz is calling out a wolf in sheep's clothing for defeating conservative efforts. Trump was criticizing Scalia a stalwart conservative on the court for being conservative. Trump's problem is he is making enemies with conservatives with his demagoguery, hurting the conservative agenda, Cruz is making enemies with enemies of the Constitution and the conservative agenda.

33 posted on 12/13/2015 1:44:32 PM PST by DaveyB (Live free or die!)
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To: Reno89519

So, you hate Cruz and now Scalia. You are no conservative.


34 posted on 12/13/2015 1:47:43 PM PST by dschapin
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To: dschapin
The attacks are based on taking his question out of context.

True. But you have to expect that nowadays. Throw in "some" or "many" or "certain" so that you don't sound like you're talking about Black people or Black students as a whole.

35 posted on 12/13/2015 1:48:02 PM PST by x
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To: aMorePerfectUnion

Trump said it came across as harsh. To black ears, it probably did. I’ve got no problem with his statement. It’s strategery.

******************
So, allowing Justice Scalia to be maligned as a racist is OK with you, as long as Donald gets votes from the African American community? That’s “strategery”???

I guess then one might suspect that Trump is telling folks that he will deport illegals or ban all Muslims may also be likewise insincere - “strategery”?
just “strategery”—


36 posted on 12/13/2015 1:48:44 PM PST by VinL (It is better to suffer every wrong, then to consent to wrong.)
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To: SunkenCiv

Trump didn’t stop with saying that Scalia’s statements were tough. He went further.

“I don’t like what he said,” Trump told Tapper of Scalia. “I heard him, I was like, let me read it again.”

“I’m going ‘whoa!’” the real estate billionaire concluded.


37 posted on 12/13/2015 1:50:21 PM PST by dschapin
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To: Reno89519

So you’ve gone from “inartful” which is defined as: “Awkwardly expressed but not necessarily untrue; impolitic; ill-phrased; inexpedient; clumsy” to “a bit racist”. Nice.

Inartful is Trumps middle name - and his claim to fame on FreeRepublic. I don’t have any issue with that but I do find it amusing when his apologists go knee-jerk against any observation of his conduct.


38 posted on 12/13/2015 1:51:13 PM PST by rockrr (Everything is different now...)
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To: Reno89519

If that was his point then he’s an idiot. LOL


39 posted on 12/13/2015 1:51:23 PM PST by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
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To: conservativejoy

no..

but

change the words African Americans to southerners and them University of Texas to Ivy League schools and then tell me people from the south wouldn’t think they were just crapped on!.. nobody wants to hear they are stupid... Trump is exactly right on how it sounded..


40 posted on 12/13/2015 1:53:56 PM PST by Lib-Lickers 2
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