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Roberts could have denied the application on his own but he did not. Instead, Roberts referred the matter for the full court because he wants to grant it but not on his own.
He will vote with the majority to grant to vacate. That way, the emergency application is granted and there will be no record of who voted for it and who voted against it and no explanation as well. That way, the application is granted and Roberts didn't have to do it alone and do it publicly. Looks like the application to vacate will be granted by the full court unsigned unexplained but with precedential value. |
I’d like nonsequiturs for $600 |
It basically means something that is race neutral can still be found to be discriminatory if it results in having a disparate impact on a protected class. Something that is race neutral can be a proxy for doing something racist if it has the result of being discriminatory against certain races. It depends on the facts and who and how it impacts. |
Then the other side would have to show a legitimate not discriminating reason for doing it more or less. |
With a strict scrutiny standard which is almost impossible to meet. TJ would be in an infinite loop because whatever happens with this case would then open them up to a lawsuit from black or Hispanic groups claiming disparate impact. Any fix would then open them to a suit from Asian American groups. It definitely would be be the most hilarious ending, but there is a reason conservative justices disfavor disparate impact. This last thing this Court wants is to make these kinds of suits easier. |
| I’m interesting to see where this admissions stuff goes. I don’t know what’s going to happen. |
Is it con law here? Are they suing under the constitution or something else? Isn’t strict scrutiny only for con law? Im not up to date on the legal theories being used here. |
Right. So the current admissions process has a disparate impact on admissions for URMs — significantly lower rates of admission. |
| ^^ or con law for that matter obviously haha |
Is that what the facts show? What if you look at % of applicants of each race who applied that are accepted? |
Yes. We already did that analysis on another thread. |
| So once they vacate the stay, how long will it take the BOE to go full lottery? |
They are suing based based on the 14th amendment |
+1 |
Ok thanks. Why do we only care about URMs? There are poor Asians. And we didn’t have Hispanic people as slaves so it’s not reparations for them to be URMs. Sorry if that was already discussed. |