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Reply to "SCOTUS upholds college Affirmative Action"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Plus, careful review of the decision indicates that the door is left open for future challenges. As a practical matter, though, the Court will soon have a 7-2 liberal majority (Thomas and [b]Kennedy[/b] will retire soon, I think). So it seems like Justice Marshall's view that affirmative action will endure for centuries more is, in fact, accurate. [/quote] Didn't Kennedy write this opinion? And didn't he based his decision on deference to the school's stated need for diversity -- which is not at all a strict scrutiny analysis. But I'm just going on what I read in a news account, not the actual opinion.[/quote] It could be argued that strict scrutiny was only given lip service. And the point I was trying to make is that with a 7-2 liberal majority coming soon (Kennedy is unpredictable on these issues), there will be zero chance of the Court upholding challenges to affirmative action. So there it is.[/quote] This is true unless anti-AA rules are passed by states. This, IMO, is a huge flaw. AA was a half-assed attempt at some level of reparations. One that was watered down by the inclusion of white women, and then more watered down by the SCOTUS's deference to state legislatures on the issue. The whole point of AA is to protect against inherent racism/bias from the majority. If most state electorates are populated by the majority, or those that have historically been culturally accepted by the majority (e.g. certain Asian groups, Jews, and wealthy immigrants of all races) then AA would always lose. Did you read that on Vox? [/quote][/quote]
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