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Title: Supreme Court on Verge of Banning Affirmative Action
Source:
Breitbart
URL Source: http://www.breitbart.com/big-govern ... ge-banning-affirmative-action/
Published: Dec 5, 2015
Author: Chriss W. Street
Post Date: 2015-12-05 20:50:45 by cranky
Keywords: None
Views: 2477
Comments: 12
The U.S. Supreme Court, in the pivotal test of affirmative action in education, will hear arguments on December 9 for the second time that Abigail Noel Fisher was discriminated against by the University of Texas in her application to attend law school. A blanket ruling outlawing racial and ethnic preferences entirely would follow Chief Justice John Roberts’ 2007 dictum “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” from the opinion in the 4-1-4 vote case of Community Schools v. Seattle School District No. 1. The Court at the time applied a framework of “strict scrutiny” to find the public high school district’s racial tiebreaker plan unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. Justice Clarence Thomas has steadfastly supported a ban on affirmative action, but swing voter Justice Anthony Kennedy has consistently upheld the validity of the theory of affirmative action, even if he has voted to strike down specific practices as unconstitutional. Texas already uses a technique that should avoid any discrimination by accepting applicants who are in the top 10 percent of any accredited high school operated in the state. Given there are plenty of poor schools dominated by minorities, that should have guaranteed a high percentage of minority students have the same chance of admission as white students from wealthy school districts. But Texas applicants who don’t make it in under the top 10 percent program are evaluated through a second, “holistic review” that is the focus of the case. The Supreme Court was expected to strike down holistic review the first time Fisher v. University of Texas came to the court. But Justice Kennedy negotiated a deal to send the case back to the Fifth Circuit with instructions to apply stricter scrutiny to the details, according to Forbes. Surprisingly, the Fifth Circuit approved the University of Texas’ holistic review a second time. Abigail Noel Fisher then appealed again, setting the stage for the potential end of affirmative action. The arch supporter of affirmative action of the Supreme Court is expected to be Justice Sonia Sotomayor, a child of Puerto Rican immigrants who won acceptance and a full scholarship to Princeton based at least partially on affirmative action. In Schuette v. Coalition to Defend Affirmative Action, she stated: “Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: `I do not belong here.’” Justice Kennedy, in the first Fisher v. University of Texas, wrote, “The reviewing court must ultimately be satisfied that no workable race neutral alternatives would produce the educational benefits of diversity.” But the potential constitutional flaw in the University of Texas affirmative action program is that it is so opaque that admission officials cannot define what role race played in any specific admission that could advance the “educational benefits of diversity” for all students. Texas admissions officers grade individual students on their academic performance and test scores. But they also grade on “personal achievement,” that includes race. The two scores are then averaged to determine competitive rank for acceptance. Andrew Grossman, a partner in Baker Hostetler in Washington DC office, told Forbes that, “They’ve designed this program quite deliberately to be unaccountable and non-transparent.” He added, “The hallmark of strict scrutiny is the court has to satisfy itself the program is narrowly tailored and achieves the government’s objectives.” 
In the education case of Fisher v. University of Texas, a Supreme Court majority appears ready to strike down affirmative action because “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
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#1. To: cranky (#0)
I'll believe it when I see it. Gee,I wonder where our Affirmative Action president will stand on this issue? Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012) American Indians had open borders. Look at how well that worked out for them.
It has accomplished it's purpose.
Psalm 37 PRAY FOR PARIS
The Messiah will speak tomorrow night to explain everything to us. I think it is terrorism related, not this lightweight stuff in this thread.
They'll just call it something else if necessary.
Me, too. But not until. There are three kinds of people in the world: those that can add and those that can't
That avoids discrimination, but they're not doing the students any favors. Sure, the top 10% at a lousy school will get IN. But they'll never finish t their first year, much less graduate.
I rarely watch him. I think it's called aversion-avoidance.
Psalm 37 PRAY FOR PARIS
I bet they do. At least, they would if Texas sends their students to Harvard or Princeton. If those schools can give the Øbamas sheepskins, anyone can one. There are three kinds of people in the world: those that can add and those that can't
Well, hell. Why don't they simply use Amazon.com and sell diplomas for $250,000?
At least, they would if Texas sends their students to Harvard or Princeton. True. Nobody flunks out of any of the "7 Sisters". They even graduate people named Kennedy,Bush,and Hillary Clinton. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012) American Indians had open borders. Look at how well that worked out for them.
I suspect they would like to,but the profs are all terrified they would lose their alleged teaching job,and have to find real work. Something none of them are really qualified to do. They could probably get the profs to fall in line if they required correspondence courses and teachers aids/graduate students were the ones that did all the work,though. Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012) American Indians had open borders. Look at how well that worked out for them.
So far I've seen nothing but the educational drawbacks of diversity -- protests, marches, demands, sit-ins, perceived insults, lowered standards, grade inflation, etc.
#2. To: sneakypete (#1)
#3. To: Don (#2)
#4. To: sneakypete (#1)
I'll believe it when I see it.
#5. To: sneakypete (#1)
I'll believe it when I see it.
#6. To: cranky (#0)
"Texas already uses a technique that should avoid any discrimination by accepting applicants who are in the top 10 percent of any accredited high school operated in the state."
#7. To: Fred Mertz (#3)
#8. To: misterwhite (#6)
Sure, the top 10% at a lousy school will get IN. But they'll never finish t their first year, much less graduate.
#9. To: cranky (#8)
"If those schools can give the Øbamas sheepskins, anyone can one."
#10. To: cranky (#8)
I bet they do.
#11. To: misterwhite (#9)
Well, hell. Why don't they simply use Amazon.com and sell diplomas for $250,000?
#12. To: cranky (#0)
"the educational benefits of diversity.”
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