I 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.
Sorry about your sadness, but I am highly informed. If the news is true, buy into it. Don’t discard it because of the source. Your ‘fable’ corresponds to the story of the VA.
I am rarely misinformed, rarely mistaken and rarely unreliable. However, unlike you, I am willing to put it on the line. So, what did you do or what did you do? What make you an informed unimpeachable source? Just calling me names does not upset me or make me feel bad about myself. And it is not going to drive me away. You have made me your target since you got on here yesterday. I think you deliberately try to bait me. So, let’s hear about you. What makes you tick? What makes you a special snowflake?
Paul,
Hot Air was founded by M. Malkin. Allahpundit is their blogger. It is Right Wing.
VA news is important. WaPo, LATimes, NYT, WSJ, Bloomberg, Rueters, Guardian will have reported this, if true.
I guess if you see the fable as corresponding to your reality, there is nothing I can do about that. I can only hope that some electrical pulse occurred in your brain and you can also see how the fable connects to our concerns about the eventual benefits of Head Start.
You are misinformed, mistaken, and unreliable. Often, it seems deliberate. But maybe it is only desperate. Whatever. It is very sad to think that you taught young children.
Thassssss Racccissssss!
That was like a drive-by shooting. Does that happen often?
A short fable…
A farmer named Jack lived with his Grandmother. She was a very nice Grandmother. Years passed and Grandmother grew frail and her heart was failing. Then she broke her hip and developed kidney disease and COPD. Jack took her to the doctor and they said they could make her more comfortable, give her a little occupational therapy and maybe she could have a decent year and she could watch a few more episodes of Curb Your Enthusiasm which would brighten her days and provide a few laughs. But that was all Further, they said, after a year, any recovery would be lost and Grandmother would die. There was nothing they could do.
Jack thought and thought. Then he turned to Grandmother and said:
Let’s go home. You aren’t going to get better.
The End
Your fable is truth. This from the Phoenix VA Hospital with our government run healthcare system.
http://hotair.com/archives/2014/04/24/must-see-phoenix-va-maintains-secret-waiting-list-while-sick-veterans-languish-and-die/
k-2 kids regardless of their background are little sponges and eager to learn. It is after that that they start to become more difficult. I taught computers to kids k-8 for a year and loved working with the little kids because they really did enjoy learning. 7-8 graders made it a struggle.
Nick @ 3:18
Generally, I wouldn’t want to spit in your beer for this comment which is an improvement of our usual state.
However, disadvantaged children will OFTEN be like sponges in pre-school! Maybe always, if things are not too terrible at home. Learning stuff is fun. Working with colors and shapes and scissors and paints are fun. Listening to a story is fun.
There is no waste in that.
Those things may not happen at home, but that doesn’t mean they are “disdained” when they get those opportunities in school. And, yes, once kids grow older, things can change. This is not news.
And for those who don’t schill for the 1% there is this:
Karen (and my apologies to others for this big shift – try to ignore it)
Iceland.
Didn’t Iceland let the banks fail? And Obama didn’t. To these jaundiced eyes, I see some connection as to why they gave it some play. But even so, good on them for giving it some air. OTOH , Krugman has written about Iceland. I wonder if there wasn’t a brief column in WSJ, Washington Post, or the New York Times. But no big play, for sure. Not sexy enough.
Paul Schulte
A careless song, with a little nonsense in it now and then, does not misbecome a monarch. – Horace Walpole
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Look Paul, leave your girlfriends out of this.
I can only guide you … ask Stanley … no touchy … MORE HERE
Dredd –
Nothing is given so profusely as advice – François, duc de La Rochefoucauld
Karen,
Many thanks for your help.
If I had to chose a favorite Fox presenter, it would be Megyn. I loved it when she marched over to some other part of the building (is it possible she knows that she also looks terrific when walking away from the camera?) because Rove was being foolish on election night. But I would KILL to know what Hannity says on this. I’ll send $10 to your favorite charity if you let us know about him.
BTW I just looked on the web again and Fox News still doesn’t have it. I am really quite surprised.
Hi Feynman:
I don’t watch more than an hour or two of news a day, if that, but I will let you know. They’re usually pretty good about covering scandals on both sides of the aisle. I read about that Republican going after a newspaper that was critical of him on Fox. And I read about the Iceland government meltdown on Fox when I couldn’t find it anywhere mainstream. Megyn Kelly is my favorite. She doesn’t give a free pass to anyone and plays devils advocate in interviews. And she doesn’t let anyone talk over her and drown her out.
feynman
Wow. Another remarkable day…
Nick is right.
There are some really, really terrible teachers.
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He should know.
The problem ANY preschool program for disadvantaged kids has to deal w/ is the black cultures disdain for reading, and their self destructive philosophy that being book smart is “being white.” FLOTUS speaks emotionally and inspirationally to black kids about how she had to fight that self destructive mindset growing up. Folks I know talk about. Chris Rock says as only he can, “If you live in the hood and there are a lotta burglaries, hide your money in books, a brother ain’t never goin’ to open a book.”
Nick Spinelli
… What we apparently disagree on is you are willing to fund a program that has been shown, by the government’s longitudinal study to “have no demonstrable improvement in academics, socioeconomic or health,” it’s 3 main goals. There is nothing more important as an investment in our culture, than helping disadvantaged kids get an education. It is both practical and righteous.
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Nick, for heaven’s sake, we (including your multi-personality sockpups and sockpuppettes) are not talking about being a pee eye.
Paul Schulte
Dredd – again you are not making sense.
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Coming from you that is a compliment.
“Only two things are infinite, the universe and human stupidity, and I’m not sure about the former. – Albert Einstein
A careless song, with a little nonsense in it now and then, does not misbecome a monarch. – Horace Walpole
Elaine, We are not in disagreement. What we apparently disagree on is you are willing to fund a program that has been shown, by the government’s longitudinal study to “have no demonstrable improvement in academics, socioeconomic or health,” it’s 3 main goals. There is nothing more important as an investment in our culture, than helping disadvantaged kids get an education. It is both practical and righteous.
feynman – what do you do that you are so proud of? Or were so proud of?
Wow. Another remarkable day…
Nick is right.
There are some really, really terrible teachers.
Paul Schulte
Barry still retired. 🙂
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T-baggers still-born.
Dredd – again you are not making sense.
I don’t care if it’s Head Start or another type of preschool program. I think it important to help children when they are young and their brains are like sponges. It’s so sad that some children start kindergarten ten steps behind their classmates because they haven’t had the same kinds of educational/learning experiences. They may not know their colors, numbers, letters. They may never have seen a book or had one read to them. Such children will need more intensive help in school.