The Solicitor General's Brief: For diversity and against racism.

National Review Online ^ | January 21, 2003 | Douglas W. Kmiec

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[hchutch]

FYI ping.

[Still Thinking]

Bump!

[Atlas Sneezed]

Prediction (it just occurred to me):

Clarence Thomas will write the landmark opinion.

[Tacis]

Now that we have an increasing number of black coaches in professional sports, how do we move to greater diversity in the NFL and NBA? The absence of white players can't be happenstance and must be the result of a rational process of exclusion. How do we fix this?

[rdb3]

Clarence Thomas will write the landmark opinion.

Odds are that this will happen just this way. Call it self-serving, but this demonstrates the courage of being a conservative black. The outcry is going to be unprecedented.

Birth of Tha SYNDICATE, the philosophical heir to William Lloyd Garrison.
101 things that the Mozilla browser can do that Internet Explorer cannot.

[St. Clair Slim]

*What happened to that boy?*

Yappin', clappin', mixin' and matchin'. That's strong.

S0119

[TruthShallSetYouFree]

a conservative base that was too quick to deny the significance of diversity for education

I am not quick to deny the significance of diversity for education, but I would like to see some proof of it. Certainly, in the hard sciences, it can't possibly make a bit of difference if one's classmates are male, female, black, brown, or yellow. Newton's third law is not subject to opinion based upon your life experience. (The women's libbers have actually contested this, calling it "male science" but they are merely political nut jobs.)

Now, in law school, I suppose a discussion on racial profiling by state troopers might be enlivened by having a few students who actually were pulled over for DWB. This seems somewhat self-evident, but the benefit must be weighed against the Equal Protection Clause of The Fourteenth Amendment. Yes, it would be "nice" and in a perfect world, ideal, if students were represented in the finest schools in numbers approximating their percentages in the overall population. We just can't break the law to make this happen.

I suppose it would be "nice" if 70% of the players in the NBA were white, but I hardly think it would be fair to deprive more qualified athletes of their jobs because they have too much melanin. It would also be "nice" in some cosmic way if 12% of nuclear physicists were black, 13% of first violinists were Hispanic and 70% of the sprinters on the US Olympic team were white, while 30% of the hockey team would be made up of Blacks, Hispanics, Asians, Native Americans, and others.

We must insure that every person is given an opportunity to follow whatever career path he or she chooses, with no impediments placed in his path. Allowing someone to be moved ahead of you in line because he is of the desired ethnicity is just such an impediment.

[hchutch]

You can bet on that.

The fact is, there are, IMO, at least five justices who will see clearly that the Michigan policies CAN NOT stand. The cards are, for the most part, in our hands.

The question is: How do we play them so as to get the result we want, and to secure the precedent we NEED. If Thomas or Scalia write the majority opinion, it is the effective end of racial-preference policies in admission. But the key here is to get that majority so that whatever opinion Thomas or Scalia writes is the MAJORITY opinion that sets the precedent.

[St. Clair Slim]

*We must insure that every person is given an opportunity to follow whatever career path he or she chooses, with no impediments placed in his path. Allowing someone to be moved ahead of you in line because he is of the desired ethnicity is just such an impediment.*

I agree.

[copycat]

Such is beside the point given the deeply flawed nature of Michigan's program which does not promote genuine diversity of experience or viewpoint at all, but indulges the pernicious viewpoint that everyone of a given race thinks in a given way.

Mr. Kmiec is to be commended..he has done the actual brain work here to yield this level of analysis. Compare and contrast the depth of analysis required to yield the above statement to the depth of anaylsis required to utter the statement "We're going to war for oil."

[Atlas Sneezed]

"But the key here is to get that majority so that whatever opinion Thomas or Scalia writes is the MAJORITY opinion that sets the precedent."

And the import of the precedent will be to provide the foundation for lawsuits by more-qualified applicants who are denied admission/jobs/contracts by COVERT racism of the type that is being practiced by leftist University of California admissions officers today after prop 209 passed. Simple statistics will show disparity, and force a true race-neutral admissions policy.

[Grampa Dave]

Thanks! This has been book marked!

[Grampa Dave]

Thanks for the ping!

It will take a couple of decades to remove the race card from the real racists of America, the Rats.

6 more years of President Bush and this upcoming Supreme Court decision will be a good start at removing the phoney race card that is played by the Rats.

They even tried to pull the race card in their pitiful marches this past weekend. What an insult to every brave soldier, sailor, marine and airman who volunteered to protect our freedoms. For these racist scumbags to call our service people, racist tools, is a slap in the face of every service person of any color.

[hchutch]

I am worried about the use of statistics - that is part of what got us into this mess from the start of affirmative action. We get close to quotas, and those cannot be allowed.

[Luis Gonzalez]

Next time you talk to Mr. Olson, tell him that he's the man.

[Luis Gonzalez]

Next time you talk to Mr. Olson, tell him that he's the man.

[Luis Gonzalez]

Sorry, that last post was meant for someone else.