The Supreme court will never go back. It will never say it is ok to discriminate on the basis of race under the 14th amendment. It's a one way ratchet. Card is a great economist but he does not appear to believe his own arguments in this case. He is doing the best he can for a principle he believes in. His argument required giving full weight to the personal rating to make the Harvard admissions make sense. Arcidiacono excluded athletes legacy and children of faculty from his analysis, Card took exception to that for some reason. The District Court ruling found in favor of Harvard, and noted that while the process was not perfect, it did not unlawfully discriminate against Asian American. Not that it didn't discriminate, that it didn't unlawfully discriminate. The question for SCOTUS was if Harvard's discrimination was actually lawful. |
Ignore it at your peril. This is how you lose to Youngkin |
The trial court found that harvard did not illegally discriminate. The supreme court found that it was illegal. |
There is "massive resistance" |
DP. “Once the court composition changes”? You mean decades from now? Not to mention the fact that even with a more moderate composition, SCOTUS had begun choking on affirmative action. Sandra Day barely eked out 5 votes in Grutter in 2003. Race-based admission/hiring is not coming back any time soon, if ever. |
Yeah, and Republicans used to be anti-Nazi. Now they are the openly, eagerly racist party, and even loopy Laura Loomer says the GOP has a Nazi problem. But of course PPs know and embrace this change, which i why they are rather pathetically trying to claim otherwise. Please, PPs, find a new trick. The David Duke “no, you’re a racist for mentioning racism” trope is not fooling anyone. |
| “Harvard won SFFA” ROTFL |
Education lawyer here. This is correct. Harvard’s two recent district court wins against DOJ civil rights will eventually also be reversed, in no large part because the judge should have recused herself |
Thank-you for a reasonable response. Not sure that I completely agree with you but it is a real discussion. I do think that it will be revisited, as I believe that many decisions by this court will be revisited. Not necessarily because I agree that they should be revisited but rather because I think that the current court is not seen as legitimate by too much of the population which is pretty damning when the person typing this is a 35+ year member of the republican party. I agree that they will never come out and say that discrimination is legal either but they will find that adjustments are once again ok. Public schools in particular with the right court will likely carry the day if they take an approach with a well defined goal of composition being similar to population. Roberts left the door open with the ability to discuss how race affected one's life and I think that both TX and CA would win if their state-wide representation policies were challenged. |
Yea, it could be a decade or even longer but I do not think that it is decided. I'm also not saying that I agree but rather that we haven't seen the end of it. Could also happen sooner due to the behavior of the current administration making an even larger segment of the population question the legitamacy of the court. I don't think that the democrats will hesitate on packing the court if they get all three branches again. |