Who precisely is disqualified from even applying as a result of the new admissions process? That's a new take. |
PP. The Ds are focusing on the wrong aspects of their platform in messaging and are getting pounded by Rs who understand that fear is the greatest motivator and will cause people to overestimate threats against their safety - or in this case, their education preferences - in order to vote against their total self-interest. Case in point: one of the two complainants identified by the Coalition as being irreparably harmed by the new admissions process has two other daughters - one of whom was admitted by the old admissions process, the other of whom was admitted by the new admissions process. You can't make this stuff up. |
THey should just go full on lottery and put an end to all of this complaining. |
While it is tough to know for sure, my thought is that the Court is looking for support from the school to deny any relief, not the other way around. |
Yea, but it's unconvincing. Hilton's opinion doesn't hinge only on disparate impact, but established racist intent based on board communications and publicly-available plan documentation. Hilton was very clear that disparate impact was only the "starting point". It does not stand alone. To characterize this as the only salient observation on Hilton's part is mischaracterizing his opinion. Even the board's own argument is self-contradictory on this point because if disparate impact alone cannot establish the unconstitutionality of their actions, then how is it meaningful to try and prove that there was no disparate impact? The answer is that they know it's only the starting point, and that bickering about the standard for establishing disparate impact serves to distract from the real issue of racist intent. Personally, I don't believe any "diversity" goals that use race as a metric is constitutional. |
If that's the standard, the the California amendment and UT systems both fall. Both systems had a racial motivation (easily demonstrated through on the record statements) and both achieved their relative goals |
The previously qualified Asians are not eligible to apply for one of the allocated seats because the allocation rule blocks them from applying. |
You've said this before. Your opinion is as valid as anyone's but that's not the law. Not as it is currently. |
If you're complaint is geographical allocation, that's legal |
Not sure about the UT systems rule but California proposition 209 eliminates race as a metric for consideration. I think you are playing games with the logic here. Identifying that there is a racist policy and pointing out its effect is not the same as using race as a metric to enact policy to discriminate on the basis of race (or a proxy for race). |
Sigh, here we go again. A facially neutral policy is illegal if it has a disparate impact and is motivated by racist intent. |
I agree with this point. I'm hoping the current SCOTUS will change this once and for all.
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That's completely false. The allocation rule doesn't block anyone at all from applying. What makes you think that it does? The only thing that the allocation rule does is it makes students from previous "feeder" schools - which are still very much "feeder" schools, by the way - slightly less likely to gain admission than they were previously. But in no way are they enjoined from being a part of the application process. Asian students from other non-feeder schools now have a significantly higher chance to get in than they did previously, and only two of the schools impacted - Carson and Rocky Run - are plurality (not even majority) Asian. The new process vastly improved access to TJ for thousands of Asian students across FCPS. |
If the standard for racist intent is a knowledge that a group will fare worse under a policy, previously regimes that the Supreme Court has signed off on become unconstitutional |
Eh? How did you come to this conclusion? Roberts is well known to be very hostile to affirmative action and similar practices. |