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Thomas: Racial preferences unconstitutional (Thomas dissents)
Atlanta Journal- Constitution ^ | 6.23.03

Posted on 06/23/2003 3:29:45 PM PDT by mhking

WASHINGTON -- Supreme Court Justice Clarence Thomas, the only black member of the court and an opponent of affirmative action programs, disagreed with the court's decision Monday to uphold a University of Michigan law school program that seeks to boost minority enrollment.

He agreed with the court's finding that a similar undergraduate program is unconstitutional.

"Because I wish to see all students succeed whatever their color, I share, in some respect, the sympathies of those who sponsor the type of discrimination advanced by the University of Michigan Law School," Thomas said, dissenting, in part, from the 5-4 decision upholding the law school's program.

"The Constitution does not, however, tolerate institutional devotion to the status quo in admissions policies when such devotion ripens into racial discrimination," he said.

In its majority opinion, the high court said the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."

But Thomas disagreed, and accused the law school of maintaining "an exclusionary admissions system that it knows produces racially disproportionate results."

"Racial discrimination is not a permissible solution to the self-inflicted wounds of this elitist admissions policy," he said.

Thomas agreed with the court's 6-3 conclusion that a similar undergraduate program at the University of Michigan is unconstitutional. He said a state's use of racial discrimination in higher education admissions is categorically prohibited by the Equal Protection Clause of the Constitution.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: action; affirmative; affirmativeaction; clarencethomas; court; preferences; racial; ruling; supreme; thoman; thomas
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To: radiohead
well, how black does one have to be? i'm mixed, my son is mixed, making him 1/4 black. i'm fair skinned and the son looks white, Mediterranean-ish (understanable w/a 1/2 greek father). depending upon your view of race, he is either mostly white (statistically correct) or since he has a drop of black blood, he is black. (the klan theory of genetics...)

I suspect there is no such thing as race, except as an exercise in preconceived notions.

I say that to look at someone or to look at his forebears, and then to place that person in a category with other people as a "breed" apart--for any motive--is another side of the same coin.

Is there a gene or a set of genes that makes someone a black person or a white person?

I don't think so.

Therefore, any attempt to categorize someone as white or black or hispanic or kangaroo is an exercise in stereotyping.

The way to end racism is to stop perpetuating the NOTION of race.

61 posted on 06/23/2003 7:20:00 PM PDT by Age of Reason
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To: Age of Reason
Maybe I wasn't clear. I think we're on the same wavelength. I'm going to apply as a blond-haired, peach-skinned, blue-eyed, German-named, "African-American-Hispanic." Let them prove I'm not what I say I am.


62 posted on 06/23/2003 7:26:28 PM PDT by dagnabbit (What was your Matricula card deal with the Mexican Govt. Mr. Bush ?)
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To: radiohead
Remember that old movie with Kirk Douglas, "Spartacus"?

Remember how the entire army of former slaves stands and shouts "I'm Spartacus"?

Well . . .

Henceforth, I think we should all agree to be Afro-American.

If someone says to any of us that we don't look Afro-American, look surprised and offended, then give them the answer that this is what Afro-American looks like.

Heck, mankind originated in Africa.

We all have African ancestors.

You know, when I look close enough at a Swede, I swear I can see he's really Afro-Sweedish.

In fact, the closer one looks the more people look the same.

Just ask scientists who examine people through microscopes and such.

It's only those who have poor visual acuity that divide people according to subjective notions.

63 posted on 06/23/2003 7:33:10 PM PDT by Age of Reason
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To: Age of Reason
<The way to end racism is to stop perpetuating the NOTION of race.

yep.
64 posted on 06/23/2003 7:35:49 PM PDT by radiohead
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To: dagnabbit
Maybe I wasn't clear. I think we're on the same wavelength. I'm going to apply as a blond-haired, peach-skinned, blue-eyed, German-named, "African-American-Hispanic." Let them prove I'm not what I say I am.

Apply simply as an African-American.

All our ancestors came from Africa, which is why there really is no such thing as race--only racial stereotypes.

And don't go out of your way to get a tan.

Just be what you are.

Afro-American like me.

65 posted on 06/23/2003 7:39:53 PM PDT by Age of Reason
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To: Age of Reason
I don't believe in 'race' per se. I do believe in 'genetic isolates'. Having said this, there probably *are* genes specific to continent of origin. Whether these genes are relevant to anything important is desperately unproven. If there were different 'races', interbreeding wouldn't be as 'effective' as it is. There appears to be no genetic issue with the production of 'mixed race' children nor do said children appear to be at a disadvantage when they in turn reproduce. Race is a really dumb term. Clearly, we're all the same race albeit products of different genetic isolates of said race. I do believe, however, that culture plays a huge role in determining whether a particular group is successful in this country.
66 posted on 06/23/2003 7:40:22 PM PDT by Black Agnes
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To: Mr. Mojo
I saw that ditzy girl repeatedly all day long! I was floored....she basically was saying "I couldn't get here without help from the government!"

Amazing.
67 posted on 06/23/2003 7:41:21 PM PDT by Howlin
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To: El Gato
Vincente Fox is Irish on his father's side, hence the name. I think he is Spanish on his mother's side. (Most of the ruling class in Mexico is of almost purely European descent, unlike the rest of the population, which is either partly or entirely Indian.)
68 posted on 06/23/2003 7:49:11 PM PDT by aristeides
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To: Black Agnes
I don't believe in 'race' per se. I do believe in 'genetic isolates'. Having said this, there probably *are* genes specific to continent of origin.

The problem is no matter how you define race, the majority of people you place in each category can, when viewed using different criteria, be placed in a different race or a new race.

Like the Nazis did with their notion of Aryan, even deciding that the Soux were the Aryan Indians and the Japanese the Aryan Asians.

About all we can say is isolated collections of people tend to develop a different percentage mixture of, very probably, the same genes--but only on average.

Who's to say precisely what percentage of which genes makes someone this or that?

The whole way of thinking is nuts.

69 posted on 06/23/2003 7:51:35 PM PDT by Age of Reason
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To: El Gato
I've met Puerto Ricans that were whiter than me! Absolutely lily white never tan burn in 5 minutes skin. BUT, since his last name ended in 'ez', he's 'entitled' to special consideration. How dumb is that?
70 posted on 06/23/2003 7:52:52 PM PDT by Black Agnes
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To: Black Agnes
The only issue I have with that is that it's rewarding 'need'. A very socialist thing to do. When you reward success, people compete to be successful. When you reward need, people compete to be needy.

True, but if you reward the economically needy with a better job, that person ceases to be economically needy.

71 posted on 06/23/2003 7:55:03 PM PDT by Luke Skyfreeper
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To: Black Agnes
I've met Puerto Ricans that were whiter than me! Absolutely lily white never tan burn in 5 minutes skin. BUT, since his last name ended in 'ez', he's 'entitled' to special consideration. How dumb is that?

Maybe I should simply change my name to Pedro Gonzalez.

72 posted on 06/23/2003 7:56:24 PM PDT by Luke Skyfreeper
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To: radiohead
Now on the other hand, if they were to skew admissions based on something, they should give a break to kids from poor families, no matter what "race" the school percieves those kids to be.

No matter whether the school defines them as White or Black or Hispanic . . . or Aryan Sioux or Aryan Asians.
73 posted on 06/23/2003 7:57:15 PM PDT by Age of Reason
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To: Luke Skyfreeper
whereupon more people cease desiring to attain jobs based on 'success' and seek to attain jobs based on 'need'. The problem with rewarding need is its self perpetuating tendency. If there is a job open and I find out that the applicant doesn't have to have any special talents, merely 'needs', why should I develop talents and skills? If 'needs' become the basis for reward, hard work and 'talents' go out the door. Which society do you think will become more successful and provide more long term for its citizens (including those with needs)...which do you think would be more easily defeated in a conflict with another nation? Sadly Darwin applies to countries too.
74 posted on 06/23/2003 7:59:46 PM PDT by Black Agnes
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To: Luke Skyfreeper
Maybe I should simply change my name to Pedro Gonzalez.

Don't think I haven't thought of that!

75 posted on 06/23/2003 8:01:30 PM PDT by Black Agnes
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To: Mr. Mojo
I just saw some U of Mich. student's speech today, and she exclaimed (I paraphrase), "I'm happy to report that race still matters in America today."

Yeah. That lept out at me too.

76 posted on 06/23/2003 8:03:13 PM PDT by lepton
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To: duk
I saw an article of T.V. last night about India's IIT. A tech college that is next to impossible to enter because of the high standards required in the entrance exam. These young adults spend years preparing for the test. Once in, their ticket is punched for life. They are highly sought after by the worlds businesses because of their education and motivation.

Kinda ironic...since so much of the education system in India is rendered a waste by their constitutionally mandated affirmative action. They have a great many educated people, who because of affirmative action, can't be put to use - so they come here to be taxi-drivers.

77 posted on 06/23/2003 8:07:43 PM PDT by lepton
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To: Black Agnes
whereupon more people cease desiring to attain jobs based on 'success' and seek to attain jobs based on 'need'. The problem with rewarding need is its self perpetuating tendency. If there is a job open and I find out that the applicant doesn't have to have any special talents, merely 'needs', why should I develop talents and skills?

No, I don't think you get what I'm saying.

Talents, skills qualifications and performance would still be the primary indicators.

Need would be a tie-breaker between equally qualified candidates, as race is now supposed to be.

Right now, if you and I are equally qualified, and I badly need the job to support my family because I'm underpaid and my skills are being underutilized in my current situation; and you really don't need the job, because you already have a well-paying job, but I'm white and you're black, then guess who's going to get the job?

78 posted on 06/23/2003 8:25:37 PM PDT by Luke Skyfreeper
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To: Age of Reason
i worked in law admissions at a university in dc. low income, difficult family circumstances, working to put oneself thru college, etc., no matter what the race, got a few extra points.

i don't know how many schools include these criteria in their definition of diversity, but more should.
79 posted on 06/23/2003 9:12:33 PM PDT by radiohead
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To: mhking; nutmeg; FreeTheHostages
What is wrong with our people? Why have some of us set ourselves up to be the victim. This is mass stupidity members of our race and others continue to subjugate themselves as second class citizens.

Adorned with dreds, cornrows,baggy pants, gold teeth and a IQ of about 40 counter matched with a gross distain for knowlede and education. This is what the U of M wants as diversity. Let's get to the root of the problem. Single parent homes more focus on jumpshots then learning to read and do math and science. Trying to scam the system instead of learn how to work within the parameters of the system.

This is what diversity and affirmitive action have gotten us NOTHING but cicurmspective looks and lack of self doubt.
DR. King was right content of character. Booker T Washington was right it is about what we done with our bodies and minds when freed from the chains of slavery.
White liberal guilt is killing black and brown minds.

80 posted on 06/24/2003 5:36:12 AM PDT by Warrior Nurse (We came, we saw, we kicked their a$$. Who's next?!)
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