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Supreme Court upholds Michigan affirmative action ban (1 Viewer)

I, for one, fully support the idea of hiring/ admitting the most qualified person regardless of race or any other physical characteristic, so I'm glad this got shot down. Why should anyone have an advantage over someone else based on skin color?

 
I tend to agree. If the reason for affirmative action is because minorities don't get the same opportunities as whites, then fix the source of that, instead of applying the unfair bandage fix that is affirmative action.

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.

 
I support AA in principle but this seems like the logical decision. If laws that mandate affirmative action are not unconstitutional, it's hard to see how laws that disallow it could be interpreted as such. In other words if it's considered to fall outside of Equal Protection and is an issue the Court wants to leave up to legislators it has to work both ways.

 
I support AA in principle but this seems like the logical decision. If laws that mandate affirmative action are not unconstitutional, it's hard to see how laws that disallow it could be interpreted as such. In other words if it's considered to fall outside of Equal Protection and is an issue the Court wants to leave up to legislators it has to work both ways.
Yes, I haven't read the opinion (or dissent), but I think it's hard to disagree with that.

Affirmative action doesn't fall outside of equal protection. It passes some form of heightened scrutiny, I believe, according to the courts (while quotas do not). But not discriminating based on race should only have to pass a rational basis test, which is a cinch.

I'll be interested in reading the opinion later to see which test they applied and why.

 
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I finally skimmed through the opinions.

I was wondering how anyone could possibly dissent from the view that racial preferences aren't constitutionally required.

It turns out that's not what the dissenters were dissenting from. They agree that school boards should be free to enact race-blind admissions policies. What they disagree with is a referendum that takes racial preferences, and only racial preferences*, out of the school boards' hands, thus impermissibly placing race in its own special category.

I find the dissent entirely unpersuasive, but it's less stupid than I'd imagined it would be before I'd read it.

___

*The dissent mischaracterizes the referendum in this respect since it does not treat race uniquely: it also forbids preferences based on sex or national origin.

 
I finally skimmed through the opinions.

I was wondering how anyone could possibly dissent from the view that racial preferences aren't constitutionally required.

It turns out that's not what the dissenters were dissenting from. They agree that school boards should be free to enact race-blind admissions policies. What they disagree with is a referendum that takes racial preferences, and only racial preferences*, out of the school boards' hands, thus impermissibly placing race in its own special category.

I find the dissent entirely unpersuasive, but it's less stupid than I'd imagined it would be before I'd read it.

___

*The dissent mischaracterizes the referendum in this respect since it does not treat race uniquely: it also forbids preferences based on sex or national origin.
I find it hard to take Sotomayer seriously when she writes a 54 page dissent and then insists on reading it aloud when the decision was announced. From the little I've read of her opinion, it seems to me more like she wanted to decide it based on her own feelings and preferences rather than a Constitutional basis. I total get how a minority would feel personally invested in a decision like this, but it seems to me that she may be a bit out of line.

 
Sotomayor didn't read the entire 54 page dissent. I don't think Sotomayor and Ginsberg are right, but I do think they're reacting to a strain of decisions coming from Roberts that I also don't think are right. And I think there's value in calling bull#### on the whole "the only way to address racial grievances is to make race not matter" meme.

I think Roberts has tended to decide these cases less narrowly than necessary (or maybe to just engage in some Kennedy style overwrought dicta). Maybe the appropriate vehicle to point that out is a concurrence and not a dissent.

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
I tend to agree with this. By the time they get to college, it's probably too late to fix things. Let's face it: blacks and Hispanics, especially those in our inner cities, receive an inferior education. Some of this is there own fault, and some of this is our fault. Whoever's fault it is, as a society we need to work together to fix it so that those students can apply to college on an even level with everyone else.

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
If laws shouldn't dictate at all who gets into college, then shouldn't colleges, themselves, be able to decide what "best candidate" means and what the complete makeup of their incoming class/student body is?

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
If laws shouldn't dictate at all who gets into college, then shouldn't colleges, themselves, be able to decide what "best candidate" means and what the complete makeup of their incoming class/student body is?
Not if they accept public funding. If they take our money then we get an input.
 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
If laws shouldn't dictate at all who gets into college, then shouldn't colleges, themselves, be able to decide what "best candidate" means and what the complete makeup of their incoming class/student body is?
Not if they accept public funding. If they take our money then we get an input.
How much funding? As of 2010, government funding, per student, in the University of California system is 59.7% of total spending per student. Link. By 2022, Stanford's School of Public Policy projects that, based on trends in the decline in government spending per UC student, funding for the UC system will run out in 2022.

According to the UC system, "In 1990, the state funded 78 percent of the total cost of education per student. Today, the state funds 39 percent. As state support has declined, the students’ share of their education costs, net of financial aid, has more than tripled, from 13 percent to 49 percent." Prior to the 1960s, I believe, the state funded 100 percent of the total cost of education per student.

So, in 8 years, do you think you'll be cool with the UC Regents letting the respective UC admissions departments decide what "best candidate" means? Would you be cool with it at some point prior to that? When funding reaches 10%? Or, only at 0, which is where the UCs are headed in less than a decade?

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
If laws shouldn't dictate at all who gets into college, then shouldn't colleges, themselves, be able to decide what "best candidate" means and what the complete makeup of their incoming class/student body is?
What I'm saying is that race should not be a criteria for "best candidate" at all.

 
I tend to agree with this. By the time they get to college, it's probably too late to fix things. Let's face it: blacks and Hispanics, especially those in our inner cities, receive an inferior education. Some of this is there own fault, and some of this is our fault. Whoever's fault it is, as a society we need to work together to fix it so that those students can apply to college on an even level with everyone else.
They do, and it is, to a large extent, the result of the death grip that unions have on these schools. They have run these schools for decades and have failed miserably - and fight like crazy at any effort to improve them (look at the war on charter schools that de Blasio is up to - trying to destroy the bit of good education for the poor in NYC for his union buddies. Sickening). That is another discussion, though.


GroveDiesel said:
I find it hard to take Sotomayer seriously when she writes a 54 page dissent and then insists on reading it aloud when the decision was announced. From the little I've read of her opinion, it seems to me more like she wanted to decide it based on her own feelings and preferences rather than a Constitutional basis. I total get how a minority would feel personally invested in a decision like this, but it seems to me that she may be a bit out of line.
IMO, Sotomayer believes in a squishy constitution that changes with her view of the world. In a commentary on this decision someone reviewed this decision with respect to the dissenting opinion from Harlan in Plessy v Ferguson (which was a fascinating read, BTW). It is a pretty strong argument after reading that that the 6-2 decision was a pretty good one.


 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
I tend to agree with this. By the time they get to college, it's probably too late to fix things. Let's face it: blacks and Hispanics, especially those in our inner cities, receive an inferior education. Some of this is there own fault, and some of this is our fault. Whoever's fault it is, as a society we need to work together to fix it so that those students can apply to college on an even level with everyone else.
It is determined by how much you can pay to live in a good school district. Not by race. But Hispanics and blacks do tend to be less well off in aggregate numbers. It's also choices. I could have had a house twice the size of mine now and be paying far less for it had I not decided to sacrifice that to move into a better school district for my son.

 
GroveDiesel said:
Maurile Tremblay said:
I finally skimmed through the opinions.

I was wondering how anyone could possibly dissent from the view that racial preferences aren't constitutionally required.

It turns out that's not what the dissenters were dissenting from. They agree that school boards should be free to enact race-blind admissions policies. What they disagree with is a referendum that takes racial preferences, and only racial preferences*, out of the school boards' hands, thus impermissibly placing race in its own special category.

I find the dissent entirely unpersuasive, but it's less stupid than I'd imagined it would be before I'd read it.

___

*The dissent mischaracterizes the referendum in this respect since it does not treat race uniquely: it also forbids preferences based on sex or national origin.
I find it hard to take Sotomayer seriously when she writes a 54 page dissent and then insists on reading it aloud when the decision was announced. From the little I've read of her opinion, it seems to me more like she wanted to decide it based on her own feelings and preferences rather than a Constitutional basis. I total get how a minority would feel personally invested in a decision like this, but it seems to me that she may be a bit out of line.
Welcome to progressive politics. Is this really a surprise?

 
I used to think that AA was needed at the time, but it's time had passed; but I've seen so much racism over the last decade, now I'm not so sure.

 
That's so incredibly dumb. This case wasn't about whether affirmative action is a good idea. It was about whether voters are constitutionally prohibited from constraining school boards' decisions about admissions policies.

Putting that aside, why in the world should the fact that Justice Thomas benefited from affirmative action dictate his views on the subject? Every policy helps some people and hurts others. Whether I support or oppose a given policy should not depend on whether it benefits me personally. If I oppose a policy designed to favor me at the expense of others, it doesn't make me a hypocrite: it makes me principled.

Should we criticize rich people who oppose tax cuts? Should we criticize bankers who acknowledge the need for greater regulation of the financial markets? Should we criticize business executives who support the right of workers to unionize? On what planet does it make any more sense than that to criticize a black person for opposing affirmative action?

 
That's so incredibly dumb. This case wasn't about whether affirmative action is a good idea. It was about whether voters are constitutionally prohibited from constraining school boards' decisions about admissions policies.

Putting that aside, why in the world should the fact that Justice Thomas benefited from affirmative action dictate his views on the subject? Every policy helps some people and hurts others. Whether I support or oppose a given policy should not depend on whether it benefits me personally. If I oppose a policy designed to favor me at the expense of others, it doesn't make me a hypocrite: it makes me principled.

Should we criticize rich people who oppose tax cuts? Should we criticize bankers who acknowledge the need for greater regulation of the financial markets? Should we criticize business executives who support the right of workers to unionize? On what planet does it make any more sense than that to criticize a black person for opposing affirmative action?
On crazy liberal/progressive planet. There is serious hate for any black person that opposes anything lefty in nature.

 
That's so incredibly dumb. This case wasn't about whether affirmative action is a good idea. It was about whether voters are constitutionally prohibited from constraining school boards' decisions about admissions policies.Putting that aside, why in the world should the fact that Justice Thomas benefited from affirmative action dictate his views on the subject? Every policy helps some people and hurts others. Whether I support or oppose a given policy should not depend on whether it benefits me personally. If I oppose a policy designed to favor me at the expense of others, it doesn't make me a hypocrite: it makes me principled.

Should we criticize rich people who oppose tax cuts? Should we criticize bankers who acknowledge the need for greater regulation of the financial markets? Should we criticize business executives who support the right of workers to unionize? On what planet does it make any more sense than that to criticize a black person for opposing affirmative action?
On crazy liberal/progressive planet. There is serious hate for any black person that opposes anything lefty in nature.
They have largely marginalized themselves politically.

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
If laws shouldn't dictate at all who gets into college, then shouldn't colleges, themselves, be able to decide what "best candidate" means and what the complete makeup of their incoming class/student body is?
Not if they accept public funding. If they take our money then we get an input.
How much funding? As of 2010, government funding, per student, in the University of California system is 59.7% of total spending per student. Link. By 2022, Stanford's School of Public Policy projects that, based on trends in the decline in government spending per UC student, funding for the UC system will run out in 2022.

According to the UC system, "In 1990, the state funded 78 percent of the total cost of education per student. Today, the state funds 39 percent. As state support has declined, the students’ share of their education costs, net of financial aid, has more than tripled, from 13 percent to 49 percent." Prior to the 1960s, I believe, the state funded 100 percent of the total cost of education per student.

So, in 8 years, do you think you'll be cool with the UC Regents letting the respective UC admissions departments decide what "best candidate" means? Would you be cool with it at some point prior to that? When funding reaches 10%? Or, only at 0, which is where the UCs are headed in less than a decade?
All schools receive federal funds though Pell Grants. Princeton was sued a few years ago by an Asian student who got on the waiting list - he claimed there was an Asian quota at the school. I think he was right, but it's hard to prove.

The UC schools are not allowed to use race to make admission decisions. Thus, there are lots of Asians in many UC schools. But that number will decline as the schools move away from emphasis on SAT scores - some call this affirmative action for whites.

 
I tend to agree with this. By the time they get to college, it's probably too late to fix things. Let's face it: blacks and Hispanics, especially those in our inner cities, receive an inferior education. Some of this is there own fault, and some of this is our fault. Whoever's fault it is, as a society we need to work together to fix it so that those students can apply to college on an even level with everyone else.
They do, and it is, to a large extent, the result of the death grip that unions have on these schools. They have run these schools for decades and have failed miserably - and fight like crazy at any effort to improve them (look at the war on charter schools that de Blasio is up to - trying to destroy the bit of good education for the poor in NYC for his union buddies. Sickening). That is another discussion, though.


GroveDiesel said:
I find it hard to take Sotomayer seriously when she writes a 54 page dissent and then insists on reading it aloud when the decision was announced. From the little I've read of her opinion, it seems to me more like she wanted to decide it based on her own feelings and preferences rather than a Constitutional basis. I total get how a minority would feel personally invested in a decision like this, but it seems to me that she may be a bit out of line.
IMO, Sotomayer believes in a squishy constitution that changes with her view of the world. In a commentary on this decision someone reviewed this decision with respect to the dissenting opinion from Harlan in Plessy v Ferguson (which was a fascinating read, BTW). It is a pretty strong argument after reading that that the 6-2 decision was a pretty good one.
The Plessy dissent is one of the greatest opinions - of any kind - ever, and it continues to influence more than 100 years after it was written. IMO it's even better than Brown vs Board. Brown relied upon a number of studies and very contemporaneous observations that were very limited to the times; the Plessy decision said laws based on race and dividing society by race was and will always be irrational. Maybe that had to do with the fact that in Plessy the man suing was 1/8th black, and there was no rational means for determining that he was "black" or "white" in the first place or why even if there was it should matter.

 
Sotomayor didn't read the entire 54 page dissent. I don't think Sotomayor and Ginsberg are right, but I do think they're reacting to a strain of decisions coming from Roberts that I also don't think are right. And I think there's value in calling bull#### on the whole "the only way to address racial grievances is to make race not matter" meme.
I think we would all do well to ditch the "I don't like this argument so I'll label it a 'meme' in a subtle attempt to disparage it" meme.

 
I tend to agree with this. By the time they get to college, it's probably too late to fix things. Let's face it: blacks and Hispanics, especially those in our inner cities, receive an inferior education. Some of this is there own fault, and some of this is our fault. Whoever's fault it is, as a society we need to work together to fix it so that those students can apply to college on an even level with everyone else.
They do, and it is, to a large extent, the result of the death grip that unions have on these schools. They have run these schools for decades and have failed miserably - and fight like crazy at any effort to improve them (look at the war on charter schools that de Blasio is up to - trying to destroy the bit of good education for the poor in NYC for his union buddies. Sickening). That is another discussion, though.


GroveDiesel said:
I find it hard to take Sotomayer seriously when she writes a 54 page dissent and then insists on reading it aloud when the decision was announced. From the little I've read of her opinion, it seems to me more like she wanted to decide it based on her own feelings and preferences rather than a Constitutional basis. I total get how a minority would feel personally invested in a decision like this, but it seems to me that she may be a bit out of line.
IMO, Sotomayer believes in a squishy constitution that changes with her view of the world. In a commentary on this decision someone reviewed this decision with respect to the dissenting opinion from Harlan in Plessy v Ferguson (which was a fascinating read, BTW). It is a pretty strong argument after reading that that the 6-2 decision was a pretty good one.
The unions? To a large extent?

Come on

 
Sotomayor didn't read the entire 54 page dissent. I don't think Sotomayor and Ginsberg are right, but I do think they're reacting to a strain of decisions coming from Roberts that I also don't think are right. And I think there's value in calling bull#### on the whole "the only way to address racial grievances is to make race not matter" meme.
I think we would all do well to ditch the "I don't like this argument so I'll label it a 'meme' in a subtle attempt to disparage it" meme.
I'm not trying to subtly discredit it at all. I think its a bull#### argument. I'm being perfectly upfront about that. It's not entirely Roberts' bull#### argument. Powell deserves much of the blame for the mental gymnastics displayed in Bakke, but the very idea that remedying the effects of hundreds of years of racial inequality would somehow fail to serve as a compelling government interest is, IMO, ludicrous.

 
The problem is that there are blacks all over the socio-economic spectrum, just as there are whites. And while it is true that taken as a group, blacks may be more disadvantaged, when you look at individuals, the reality is that there are some whites who are more disadvantaged than some blacks. The law should not penalize those who are disadvantaged because of their race.
Laws shouldn't dictate at all who gets into colleges and who doesn't based on race. The best candidates should always get in. If minorities or whoever have a more difficult path towards college, then work should be done to fix things at that level.
I tend to agree with this. By the time they get to college, it's probably too late to fix things. Let's face it: blacks and Hispanics, especially those in our inner cities, receive an inferior education. Some of this is there own fault, and some of this is our fault. Whoever's fault it is, as a society we need to work together to fix it so that those students can apply to college on an even level with everyone else.
And yet many still know the difference between THERE and THEIR.

Sorry Tim, I couldn't help it. :)

 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.

 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
I agree with your statement. However I don't believe that affirmative action in terms of college admissions is the best means of remedy.
 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
I agree with your statement. However I don't believe that affirmative action in terms of college admissions is the best means of remedy.
Perhaps fixing the primary and secondary educational systems so that bias in college admissions isn't necessary?

 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
It looks like you and Ramsay are reading the same bloggers. Good on you.

 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
I agree with your statement. However I don't believe that affirmative action in terms of college admissions is the best means of remedy.
Perhaps fixing the primary and secondary educational systems so that bias in college admissions isn't necessary?
That's what I wrote earlier. But unlike you I don't see the unions as the main source of the problem.
 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
It looks like you and Ramsay are reading the same bloggers. Good on you.
Or the same history books and Supreme Court opinions.

 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
I agree with your statement. However I don't believe that affirmative action in terms of college admissions is the best means of remedy.
I dont think it is the best means of remedy, but it certainly could be considered a legitimate tool in such a remedy.

 
That argument is bull####.

Remedying the fact that the government prohibited one race of people for centuries from participating in the institutions that contribute to and create success and wealth in this country--education, family, religion, government itself, etc.--is obviously a compelling government interest.
I agree with your statement. However I don't believe that affirmative action in terms of college admissions is the best means of remedy.
I dont think it is the best means of remedy, but it certainly could be considered a legitimate tool in such a remedy.
Who is looking out for the poor white guy?

 
Sotomayor didn't read the entire 54 page dissent. I don't think Sotomayor and Ginsberg are right, but I do think they're reacting to a strain of decisions coming from Roberts that I also don't think are right. And I think there's value in calling bull#### on the whole "the only way to address racial grievances is to make race not matter" meme.
I think we would all do well to ditch the "I don't like this argument so I'll label it a 'meme' in a subtle attempt to disparage it" meme.
I'm not trying to subtly discredit it at all. I think its a bull#### argument. I'm being perfectly upfront about that. It's not entirely Roberts' bull#### argument. Powell deserves much of the blame for the mental gymnastics displayed in Bakke, but the very idea that remedying the effects of hundreds of years of racial inequality would somehow fail to serve as a compelling government interest is, IMO, ludicrous.
Colleges don't usually bother trying to justify affirmative action on the grounds of remedying past injustice. (I know you know this, but others are bringing that up too).

And besides, the fact that you find unpersuasive doesn't make it invalid. I personally agree that color-blindness is the best approach to this. If you want to help the disadvantaged, you can always fall back on class-based preferences; there's no need to use race as your instrument.

But that's all beside the point. Trotting out the "meme" thing just because you disagree with somebody is just lazy.

 
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Sotomayor didn't read the entire 54 page dissent. I don't think Sotomayor and Ginsberg are right, but I do think they're reacting to a strain of decisions coming from Roberts that I also don't think are right. And I think there's value in calling bull#### on the whole "the only way to address racial grievances is to make race not matter" meme.
I think we would all do well to ditch the "I don't like this argument so I'll label it a 'meme' in a subtle attempt to disparage it" meme.
I'm not trying to subtly discredit it at all. I think its a bull#### argument. I'm being perfectly upfront about that. It's not entirely Roberts' bull#### argument. Powell deserves much of the blame for the mental gymnastics displayed in Bakke, but the very idea that remedying the effects of hundreds of years of racial inequality would somehow fail to serve as a compelling government interest is, IMO, ludicrous.
Colleges don't usually bother trying to justify affirmative action on the grounds of remedying past injustice. (I know you know this, but others are bringing that up too).

And besides, the fact that you find unpersuasive doesn't make it invalid. I personally agree that color-blindness is the best approach to this. If you want to help the disadvantaged, you can always fall back on class-based preferences; there's no need to use race as your instrument.

But that's all beside the point. Trotting out the "meme" thing just because you disagree with somebody is just lazy.
It's not that they "don't bother" to do so. It's that the Supreme Court ruled that they cannot do so. Which is why I lay the appropriate amount of blame on the Bakke decision, which perpetuated the farce that the government has a compelling interest in promoting diversity on campus but not in ameliorating the effects of pervasive historical discrimination.

You seem particularly exorcised by my use of the word meme. I used it informally, but here's what I meant by it. John Roberts wrote:

“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
I can label that quote a lot of different ways. As an aphorism. As a quip. Even as a meme. What it is not, IMO, is a nuanced statement on affirmative action. Because (in the cases before Roberts and the Supreme Court) nobody is arguing that affirmative action is designed to "stop discriminating on the basis of race." What some, including Sotomayor, are arguing is that it should be (because it is not under current precedent) a means of ameliorating the historic effects of pervasive discrimination on the basis of race.

 
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I don't think affirmative action works especially well. But I've never understood why conservatives tend to be so focused on it either. Very few of those who complain about it are likely to ever be affected by it. In terms of issues which have a real impact on the way most people live, this is a pretty minor one.

 
Powell deserves much of the blame for the mental gymnastics displayed in Bakke, but the very idea that remedying the effects of hundreds of years of racial inequality would somehow fail to serve as a compelling government interest is, IMO, ludicrous.
I haven't read Bakke since law school. I find it difficult to believe that remedying past wrongs isn't a compelling government interest, so I looked at the summary of the case in Wikipedia, and as far as I can tell from the summary, the plaintiffs didn't even argue that affirmative action was intended to remedy past wrongs. They argued that it was intended to increase the number of minority doctors (UC Davis medical school had racial quotas), to increase the number of doctors in areas currently underserved by doctors, and to increase diversity. Powell accepted only the third argument.

It's possible that if I read the actual case instead of just the summary in Wikipedia, I'd see an argument about remedying past wrongs.

I think it's obvious that remedying past wrongs is a compelling government interest. I think it's nearly as obvious that affirmative action is too clumsy a tool for the job. Specific individuals were wronged in the past by racial discrimination. Completely different individuals would benefit in the present from affirmative action. If we're equating those two groups, using one as a stand-in for the other simply because they share the same skin color, I think we err.

It is definitely true that many present-day minorities are in disadvantaged positions because of racism directed at their ancestors. Maybe there's a way for the government to help redress that. But race-based affirmative action is not "narrowly tailored" to serve that purpose. It benefits not only certain people who can establish an injury based on past discrimination, but also those (such as very recent immigrants) who cannot. Moreover, that benefit comes at the expense not only of people who may be guilty of past racial discrimination, but also at the expense of those who are not. If we are trying to give a leg up to people in disadvantaged positions, it makes a lot more sense to do it based on whether they're in disadvantaged positions than on whether they're a certain color. Class-based policies are in that respect more narrowly tailored than raced-based policies even though, constitutionally, they don't have to be.

Like Powell, I agree that promoting racial diversity is a compelling government interest, and that race-based affirmative action is narrowly tailored to serve that interest. So discussion of other possible justifications is in some sense moot. But I think Bakke would have been right to reject arguments based on redressing past wrongs if such arguments were made.

 
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In nominal terms there are just as many poor whites as poor blacks, and a class-based plan doesn't necessarily do anything to address the specific issue of those who have been disadvantaged by race.

So in the event that there's no narrow way to address the specific people who've been disadvantaged by race (to say nothing of those who continue to be disadvantaged by race), is it better to not do anything or to do something imperfect?

There are arguments both ways IMO, but I don't think there's really a morally certain bedrock for any of them.

 
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