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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

“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 do not see it as you described it. That is your interpretation of what happened, imposed on a set of facts, skewed by your views.

“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”—”

I believe you can consider all he says as part of a large strategery - as you can consider all Cruz is doing as part of his Strategery.

I think you could use a nice glass of wine and ratchet it down a notch.


41 posted on 12/13/2015 1:57:38 PM PST by aMorePerfectUnion
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To: DaveyB

On Saturday, however, Trump called Scalia “terrific” at a campaign event while telling South Carolina Attorney General Alan Wilson. Clarence Thomas, apparently his favorite Justice, has made the same point about Affirmative Action backfiring on black students so Trump was probably just surprised at Scalia’s bluntness and rather clumsy delivery.


42 posted on 12/13/2015 2:02:08 PM PST by erlayman
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To: VinL

DT doesn’t need Scalia. He can appoint his radical pro partial birth murder sister to the court.....


43 posted on 12/13/2015 2:02:56 PM PST by C. Edmund Wright (WTF? How Karl Rove and the Establishment Lost...Again (Amazon Best Seller))
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To: erlayman

blunt and clumsy you say? The joke writes itself.


44 posted on 12/13/2015 2:03:22 PM PST by C. Edmund Wright (WTF? How Karl Rove and the Establishment Lost...Again (Amazon Best Seller))
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To: VinL

Trump will govern as a left of center Democrat. He certainly won’t appoint the right justices to the SCOTUS, the most important act of the next POTUS.


45 posted on 12/13/2015 2:04:29 PM PST by BlueStateRightist (Government is best which governs least.)
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To: Oklahoma
Trump isn’t bright enough to know the difference.

Sadly, I think that is true. Scalia is a bedrock constitutionist. Trump is a bedrock demagogue. I am terrified of a Trump-Clinton race.

46 posted on 12/13/2015 2:04:57 PM PST by neocon1984
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To: C. Edmund Wright

See your thread got pulled. Amazing, eh? I guess we’re not in Kansas anymore.


47 posted on 12/13/2015 2:12:04 PM PST by VinL (It is better to suffer every wrong, then to consent to wrong.)
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To: dp0622

Walter Williams has said the same, maybe Sowell too. This isnt knew. They agree with Scalia.


48 posted on 12/13/2015 2:12:50 PM PST by Carry me back (.Cut the feds by 90%)
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To: erlayman
On Saturday, however, Trump called Scalia 'terrific'...

I'm not sure I get your point. Are you insinuating that Trump is a two faced back stabber or that he really likes Scalia and that making him out to be a racist was an anomaly for Trump who is usually so careful with his words.

49 posted on 12/13/2015 2:14:39 PM PST by DaveyB (Live free or die!)
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To: brothers4thID

Donald Trump — to the disgust of conservatives — defends the ethanol requirement for gasoline and higher taxes for the rich. He endorsed socialized medicine when O’Bummer brought it out.

Donald Trump is merely pretending to be a conservative (like Romney did in 2012). But because the Donald is so politically inexperienced he is prone to basic errors. Governor Romney had a lot more experience at lying when he was angling for for conservative voters in 2012.


50 posted on 12/13/2015 2:16:15 PM PST by heye2monn
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To: VinL

We haven’t been in Kansas since August....maybe earlier....


51 posted on 12/13/2015 2:20:21 PM PST by C. Edmund Wright (WTF? How Karl Rove and the Establishment Lost...Again (Amazon Best Seller))
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To: DaveyB
When Trump calls someone "terrific" is comes across with all the sincerity of

Brutus was an honorable man".

52 posted on 12/13/2015 2:20:40 PM PST by gov_bean_ counter (Trump to McCain - "Pass the strawberries".)
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To: JoeDetweiler

Some cant. Others can.


53 posted on 12/13/2015 2:23:57 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: VinL

Trump and the leftists he agrees with are plucking the comments out of context.


54 posted on 12/13/2015 2:31:54 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: neocon1984

I am, too. In that case, we will already have lost.

Cruz or lose. America.


55 posted on 12/13/2015 2:32:34 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: heye2monn

Yeah, but Gov. Romney was more convincing.


56 posted on 12/13/2015 2:34:37 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: The Ghost of FReepers Past

You’re right. The proper reply would be “Justice Scalia is no racist” ...then, whatever the politician’s view, s/he can go from there.


57 posted on 12/13/2015 2:35:01 PM PST by VinL (It is better to suffer every wrong, then to consent to wrong.)
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To: DaveyB

Trump may not have been fully aware that Scalia is known for this type of rhetoric and has a long history of making remarks in rather straightforward terms. He seems to have been under the impression that since this remark was picked up so strongly by the MSM it was somehow anomalous, if not ‘racist.’ I think it was more an issue of tone over substance.

The best response would have been to follow up with a statement about improving education for black kids that would allow them to compete on equal terms with whites.


58 posted on 12/13/2015 2:36:10 PM PST by erlayman
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To: All

dailycaller haven’t been a reliable paraphraser of what Trump said. At first this annoyed me then I found it it was dailycaller


59 posted on 12/13/2015 2:36:47 PM PST by 4rcane
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To: Reno89519

Scalia said nothing of the sort. He was simply saying that getting a student into a college that does not fit his achievement level just because of race and race quotas, may not be doing the student a favor. It was in oral arguments, not part of a written decision anyway. The justices say all sorts of things during that process to test the theories.

Are you doing someone a favor to put them in a college they cannot otherwise qualify for just because of their race or sex/

Again Trump shows he has not studied the issues, is not truly conservative, and just flies by the seat of his pants. He comments on an article with no background knowledge of the issue. And about a wonderful, conservative Supreme Court Justice. Trump is very bad for conservatives. He hasn’t the knowledge to represent us. Trump represents Trump.


60 posted on 12/13/2015 2:37:44 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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