Academia, Constitutional Law, Politics, Society

Supreme Court Declares States Can Bar Racial And Other Preferences In University Admissions

Supreme CourtI was just on CNN discussing the decision in Schuette v. BAMN, reversing the United States Court of Appeals for the Sixth Circuit and declaring that the citizens of Michigan have the constitutional authority to prohibit racial and other preferences in university admissions. We addressed this case this term in my Supreme Court class and the students voted not only in the same way as the majority today but predicted this result. What was surprising was the vote — 6-2. Only Justice Sotomayor and Ginsberg voted to upheld the Sixth Circuit.

This is clearly a breakthrough decision for those who have opposed racial and other preferences in admissions. In the past, these issues have inevitably ended up in the courts as the final arbiter of the constitutionality of affirmative action programs. Now, the Supreme Court is saying overwhelmingly that citizens can make these decisions for themselves. It creates a clear avenue by which affirmative action could be curtailed by direct action of the voters — bringing clarity that many have sought for decades of conflicted judicial rulings. Seven states have similar rules but this decision is likely to encourage others to follow suit.

Justice Kennedy wrote the main decision, which limited the political-process line of cases represented by Parents Involved in Community Schools v. Seattle School District. Kennedy stressed that “This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it.” In the view of the majority “[t]here is no authority in the Constitution of the United States or in this court’s precedents for the judiciary to set aside Michigan laws that commit this policy determination to the voters. . . Democracy does not presume that some subjects are either too divisive or too profound for public debate.”

Justice Scalia wanted to go even further and get rid of much of that jurisprudence. However, this decision is potentially sweeping enough for most of the justices. Chief Justice Roberts and Alito joined Kennedy though Roberts filed a concurring opinion. Thomas joined with Scalia in his concurrence in arguing to go all the way in gutting the political-process line of cases. Justice Breyer concurred in the judgment while Justices Sotomayor and Ginsburg dissented. Justice Kagan probably would have joined in that dissent but recused herself. Even with Kagan however the vote would still have been lopsided at 6-3. Instead, it stands at 6-2. That is a sharp departure from the historically razor thin margins in cases like Grutter, Gratz, and others.

Sotomayor wrote a 58 page dissent (longer than all of the other opinions combined) and objected that the Court needed to limit voters because “without checks, democratically approved legislation can oppress minority groups.”

At 58 pages, Sotomayor’s dissent was longer than the combined length of the four opinions in support of the outcome.

In our vote, the Supreme Court seminar voted 11-4 in favor of reversing the Sixth Circuit and 11-4 in predicting that that “other Supreme Court” would also reverse. The United States Supreme Court (while producing multiple opinions) proved less ideologically divided in the outcome than the Sixth Circuit. On the lower court decision upholding the dismissal of the action, the eight judges in the majority were nominees by Democratic presidents while the seven judges in dissent were appointed by Republican presidents.

Here is the opinion.

689 thoughts on “Supreme Court Declares States Can Bar Racial And Other Preferences In University Admissions”

  1. Here is info on the evolution of Breitbart from a Liberal to a “Reagan Republican with Libertarian leanings.” He helped launch The Huffington Post, and wrote articles for the Wall St J and Washington Times, among others.

    He’s been vilified, but he’s just someone who became disenfranchised with his party and frustrated with journalism not reporting on all sides of the issues.

    http://en.wikipedia.org/wiki/Andrew_Breitbart

    I’ve never understood the deep bitterness that Rush, Fox News, The Drudge Report, Stossel, and Breitbard exist. Most media tilt Left; there are relatively few that lean Right. I believe that it is essential to have all reporting completely unbiased, but since that seems impossible, one must have both sides represented to explain all the positions.

    I make a point of looking into positions that differ from my own. How can I form an opinion if I do not clearly understand both sides? Once in a while I change my mind from investigating an issue; other times my opinion is strengthened. But I would never, ever want to prohibit another side from making their opinion known.

  2. Paul are you admitting that you are one of those students who must be given up on? 🙁

    1. Annie – I am not one of the students who is given up on, I lead the class to revolt against drinking the kool-aid.

  3. Karen

    Thanks for your valuable input and the links. Haven’t had a chance yet, but I’ll be sure to read them.

    I have no doubt that the relationship between the BLM and the ranchers is difficult. It must be especially hard when you don’t pay for grazing rights for twenty years, lose in the courts (twice), don’t recognize the federal government, consider yourself a sovereign citizen of Nevada only, and show up with a gang of 700 guys with guns.

    Bundy’s view about “Negroes” is also interesting but, as will surely be pointed out, is not relevant. Because it is not about race. It is never about race.

    1. Annie – you don’t learn if you listen to an echo chamber. I have been to both Dredd’s blog and Gene’s blog, but have learned little from either because they are not breaking new ground. I scan 500-700 news and blogs a day, not counting keeping up with this one, and read some 50-60 articles a day in their entirety. I am hardly stagnant, as you put it.

      btw, keebler you owe me a couple of links from yesterday.

  4. Paul as a teacher you should know that repetition helps one learn. Perhaps Dredd is using that method. It’s effective for those who aren’t so indoctrinated they can no longer examine any given subject and see another side of it. Elaine and Dredd, keep up the good work.

  5. Paul Schulte

    I try not to watch anything by Stewart, just as you don’t read anything by Malkin or Breitbart.
    …
    Dredd – are you OCD? you really lock into things and never let go. Just asking?
    =================
    Breitbart locked on to death a while back.

    Malkin has a locked and loaded tongue that is attached to her manhood person.

    Stewart knows “comedy is truth, only faster.”

    Indoctrination is your last name and you are locked into that.

    Don’t start no shit and there won’t be any.

  6. I also have a paper on the desert tortoise but I don’t know how to post a pdf.

  7. It is true that the vast majority of BLM land is federal land that was retained after each state was created, and was not homesteaded by the time it was abolished in the 70s.

    But federal lands can be seized through a disagreement about applying regulations to private lands, such as when a river changes course (http://www.foxnews.com/on-air/on-the-record/2014/04/23/texas-rancher-how-federal-government-took-my-property-and-didnt-pay-me-one-cent) or via eminent domain (http://www.foxnews.com/politics/2014/04/08/colorado-couple-fights-unusual-eminent-domain-bid-to-seize-land/).

    1. Annie as a teacher I know that some students get it the first time you say it and some the second and some take a third. After that you have to move on.

  8. Dredd – are you OCD? you really lock into things and never let go. Just asking?

  9. I try not to watch anything by Stewart, just as you don’t read anything by Malkin or Breitbart.

  10. Mr Keebler

    Bingo dilbert! So you can be dispossed of land. My, my, An admission.
    ================
    Not if land is a person Mr. Keebler.

  11. Elaine M.

    Thanks for the Stewart/Bundy link. It is priceless. Can we hope that Paul has a moment to watch it???

  12. Paul Schulte

    Dredd – as usual you are trying to connect to unlike things. Doesn’t work.
    ==================
    It takes an xpert like yourself to make it work.

    I am a piker at fantasy compared to you.

    But unlike things can be connected, that is how different atoms of different elements bond to form molecules.

    I know … atoms and molecules are the imaginings of librul scientists who turned the flat Oit into a globe by foolin’ da yoot of ‘murka.

  14. Hi guys:

    I’m still catching up on the thread, but I see the BLM v Bundy standoff has been brought up.

    I have a very well-known ecologist in the family who is deeply involved in conservation. He agrees that the BLM relationship with ranchers can often be adversarial, where the ranchers believe that they work against their interests. Sometimes environmental groups think they work too much for their interests.

    Here is a link explaining how Congress designates federal land a wilderness, with special restrictions, and how the BLM can acquire land from private landowners: http://www.blm.gov/wo/st/en/prog/blm_special_areas/NLCS/wilderness2/Wilderness_FAQ.html

    My relative feels that there is a better way for federal agencies to work with private ranchers in a partnership to enhance conservation while allowing them to ranch. This is one of his favorite models of how it can be done:

    http://www.westernlandownersalliance.org/projects/malpais-borderlands-group

  15. RTC

    Hold on Dredd: I don’t think Karen is shilling for anyone or anything. I’m comfortable believing that she is sincerely expressing her views here.

    It’s been known to happen.
    ====================
    Yes, many things we do but we are really not aware that we are shilling for them (“98% of our cognition is subconscious”).

    Otherwise we would not be murdering millions every year with pollution from fossil fuels like dirty oil, dirty coal, and dirty nuclear.

    Would we?

    Shill dynamics are like symbolic racism … mostly cultural habit gleaned from the village it takes to raise us … not from personal conscientious awareness (Epistemic Dependence).

  17. Dredd – as usual you are trying to connect to unlike things. Doesn’t work.

  19. Paul Schulte

    Symbolic racism is another artificial construct for liberals to feel good about themselves.
    …
    =================
    Yep.

    It was like when them librul scientists made the Earth into a globe ‘stead of leavin’ it flat like Cheezus made it.

    Denier scientists know better and know how to turn corporations into people like Cheezus wants us to.

    Praize Cheezus and pray for prey on the weak like Saint Money-the-Edelson told the boyz runnin’ for preznit to do …. if they want his blessin’ … straight from Cheezus … saith the glowing gambler in chief.

  20. RTC:

    “Hold on Dredd: I don’t think Karen is shilling for anyone or anything. I’m comfortable believing that she is sincerely expressing her views here.It’s been known to happen.”

    Thanks, RTC. When I disagree with someone about an issue, all I want is to talk about both sides. Learn why they feel why they do and explain why I do. Sometimes I get food for thought and sometimes I hope to do the same for someone else.

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