Progress in the affirmative

State's elimination of race-based preferences is important step forward

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The U.S. Supreme Court accelerated America’s glacial movement toward a “color-blind” society last week by upholding a Michigan ban on affirmative action in public colleges and universities.

The court’s Schuette v. BAMN ruling is likely to influence other states to ban race-based admission preferences – welcome news to anyone who has encountered reverse discrimination under policies where such race-based preferences are allowed.

Though stopping short of declaring affirmative action unconstitutional – which, from a conservative perspective, it should be – the court’s opinion essentially places the decision in the hands of a state’s voters.

The Michigan law the court upheld was a voter-enacted state constitutional amendment that passed 58 percent to 42 percent in 2006.

A handful of states besides Michigan, including deep-blue California, already have eliminated race-based admissions preferences.

Schuette is good news for anyone who believes the Constitution’s equal-protection clause really does apply to everyone, regardless of race, color, ethnicity, national origin or gender.

Justice Antonin Scalia’s opinion points out the absurdity of dividing Americans into racial interest groups: “Does a half-Latino, half-American Indian have Latino interests, American Indian interests, both, half of both?”

The court’s decision was buffered somewhat against left-wing tantrums because the reliably liberal Justice Stephen Breyer sided with the majority. Liberals were left to rally around the dissenting opinion of Justice Sonia Sotomayor, who was joined in the 6-2 vote by Justice Ruth Bader Ginsburg. Justice Elena Kagan recused herself from the case.

Sotomayor’s rambling 58-page dissent reads more like a monologue than a legal opinion. It calls the majority justices “out of touch with reality” and said that “race matters” because of the “long history of racial minorities being denied access to the political process” and that “persistent racial inequality” still exists.

Chief Justice John G. Roberts Jr., who famously said in 2007 that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” took the unusual step of writing a rebuke to Sotomayor’s opinion, which he did in two pages.

“People can disagree in good faith on this issue,” he wrote. “(But it does) more harm than good to question the openness and candor of those on either side of the debate.”

And that debate will continue, as Schuette is not the be-all, end-all affirmative-action ruling.

However, the contest becomes more lopsided every day. It’s hard to make a case for affirmative action when you have an African-American president, attorney general, national security adviser and high-court justice.

National polls show the majority of Americans – 67 percent – oppose race-based preferences. Clearly, the country is ready to move on, even if Sotomayor, Ginsburg and their supporters are not.

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Riverman1
94247
Points
Riverman1 04/28/14 - 04:07 am
10
1
Race And Laws

If you utilized affirmative action in Augusta, with a white minority population and a black fire chief, tax commissioner, sheriff, city administrator and soon to be mayor, how would that work?

The whole matter of government intervening to determine the status of people by race is so reminiscent of Nazi Germany where racial lineage was traced back to the grandparents. Government officials and courts often determined who was German and allowed to hold esteemed positions. When laws of any kind invoke race we are in trouble.

avidreader
3567
Points
avidreader 04/28/14 - 05:03 am
9
1
A Competitive World!

If one wants to succeed in a competitive world, one must step up and earn everything. Sure, there are still bigots among us, but overall, the best person for the job is simply the best person for the job, no matter what the skin color or sex.

ymnbde
10752
Points
ymnbde 04/28/14 - 05:05 am
9
1
affirmative action to one is harmful action to another

college is too late anyway
if they were properly educated in elementary school
they would do better in middle school and high school
and affirmative action would not be necessary for college
affirmative action is caused by democrat controlled public schools
that put bureaucracy and teacher's unions interests over the interests of educating kids,
especially black kids
and O and H just soothed their fascist itches
by doing to the public schools what Clinton and Barney and Dodd did to the banks
they mentioned the racial disparity in school suspensions
and now the schools have been "persuaded" to leave the bad disruptive kids in class and disrupt the learning of kids who want to learn
and that, along with "inclusion," will make all schools worse
THREE SCHOOLS IN RICHMOND COUNTY
HAD ZERO STUDENTS PASS THE AP EXAMS LAST YEAR
you can't "affirmative action" that away
and democrats are responsible for that
their negligence in education rises to the level of racism
the only racist power left in this country

Pond Life
17682
Points
Pond Life 04/28/14 - 05:08 am
9
1
For those in this area that
Unpublished

For those in this area that support affirmative action, I wonder how many of them would REALLY support affirmative action for minorities, since in THIS AREA, they are not the minority.

corgimom
38740
Points
corgimom 04/28/14 - 05:37 am
2
8
ymnbde, and the "racial

ymnbde, and the "racial disparancy in school suspensions" wouldn't have anything to do with the OVERWHELMING amount of black illegitimacy, where there isn't a father in the home, and never will be, just a succession of boyfriends of the mother?

And it wouldn't have anything to do with the disproportionate numbers of young teen mothers that are black, would it?

Or the disproportionate number of black children who has one, or both, parents incarcerated?

The education in elementary school is there, but the children are unable to fully take advantage of it because the parents are struggling with their own grossly dysfunctional lives.

You can't blame schools for parental problems, and you can't blame schools because parents do not properly raise their children.

You are another one that refuses to put the blame where it really lies- on the PARENTS of these kids.

carcraft
28588
Points
carcraft 04/28/14 - 06:00 am
10
1
Corgimom, if you want less

Corgimom, if you want less one parent families, fewer "serial "dads, and less don't care welfare moms quite subsidizing them!

ymnbde
10752
Points
ymnbde 04/28/14 - 06:13 am
10
1
ah, corgimom, who

educated the parents?

Pond Life
17682
Points
Pond Life 04/28/14 - 06:35 am
10
1
Correct ymnbde. It is a
Unpublished

Correct ymnbde. It is a problem that the progressives have been working for generations to create.

localguy55
5477
Points
localguy55 04/28/14 - 07:00 am
7
1
corgimom

As far a incarceration of minorities, it is due to the crimes they have committed. I don't see law enforcement going around a randomly picking up minorities and throwing them in jail.

Try asking the law abiding citizens in minority neighborhoods if they would like having the justice system release these thugs so they can go back to those neighborhoods.

I think you would get a different reaction if you ask them would they want that.

Bizkit
35756
Points
Bizkit 04/28/14 - 07:19 am
5
1
So Corgi are you saying there

So Corgi are you saying there is racial inequality but it isn't because of discrimination but it is because of the "race" own actions?

Jon Lester
2480
Points
Jon Lester 04/28/14 - 07:23 am
3
2
Forget race.
Unpublished

Many departments of the federal government seem to have long abandoned any pretense of a meritocracy, particularly State.

justthefacts
25478
Points
justthefacts 04/28/14 - 07:32 am
7
1
Corgi and others

I think you all are in violent agreement. Corgi's comments are correct. I mean no one can teach these kids without the parent's support. Meanwhile, the black family is certainly dysfunctional and there is no relief in sight as the black community stays in total denial and assumes a victim's mentality. It's a catch 22.

edcushman
7930
Points
edcushman 04/28/14 - 07:42 am
5
2
"You are another one that
Unpublished

"You are another one that refuses to put the blame where it really lies- on the PARENTS of these kids."
corigmom, you are 100% correct and this mess was created by the Great Society, liberals, democrats and black leaders. The Obama administration has make it much worse with all of the reparation programs and its racist attitude.

t3bledsoe
14291
Points
t3bledsoe 04/28/14 - 08:29 am
0
5
Editorial

"Justice Antonin Scalia’s opinion points out the absurdity of dividing Americans into racial interest groups: “Does a half-Latino, half-American Indian have Latino interests, American Indian interests, both, half of both"

I was accused of being racist for compairing Caucasions to Ashians. In my opinion, this statement is MORE racist and could be taken to court if this had been a "REGULAR JUDGE!!!!"

t3bledsoe
14291
Points
t3bledsoe 04/28/14 - 08:36 am
0
4
Editorial

"Chief Justice John G. Roberts Jr., who famously said in 2007 that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” took the unusual step of writing a rebuke to Sotomayor’s opinion, which he did in two pages"

Leaning toward Caucasions over minorities IS A FORM of discrimination which affermative action is supposed to insure!

deestafford
32200
Points
deestafford 04/28/14 - 08:37 am
1
1
Yesterday, I watched on Fox News Sunday the lady who...

Yesterday, I watched on Fox News Sunday the lady who initiated the Michigan suit and the female NAACP (?) lawyer who argued the pro-affirmative action side of the case at the SCOTUS debate.

To me most interesting was the part of the discussion about the point system used to rate student applications. We hear a lot from the those who support affirmative action about the leg up the "legacy children" get and how unfair that is to the blacks. Well, the number of points awarded to a "legacy" is 8. The number of points awarded to being black is 20. The number of points awarded to being "economically disadvantaged" is 20.

An applicant cannot be awarded points for both being black and economically disadvantage. They can chose only one for a total of 20 from those two categories.

So, let's assume a "legacy" gets 8 points and has a 4.0 average and many extracurricular activities is rated against a black with 3.5 GPA, few extracurricular activities, and whose father is a doctor who gets 20 points. Who gets accepted? The lesser qualified black who is accepted merely because of skin color and absolutely nothing else.

The NCAAP lawyer really went overboard by saying this ruling will lead to segregated schools, children from the Detroit inner city will lose out to a child from the affluent suburbs, and on and on with strawmen.

Thomas Sowell and Walter Williams have done some great writings on how the striking down of affirmative action in California has actually helped the blacks there. More blacks are now graduating from colleges than before it was passed. Why? It appears many "top-tier" colleges were accepting black students in order to maintain an "acceptable" level of black students to show their diversity, but many of them were not qualified to do the work and dropped out. Now those type students are not going to the top tier schools but others and are now graduating because they can do the academic work.

It appears to me that those arguing for affirmative action lack any ability to apply rationalization to the situation and like Holder, Obama, and the other race baiters see skin color as another chance to further balkanize the country to further their aims of perpetuating discord.

t3bledsoe
14291
Points
t3bledsoe 04/28/14 - 08:44 am
0
5
Editorial

"“(But it does) more harm than good to question the openness and candor of those on either side of the debate.”"

I disagree with this statement whole-heartedly. If affimative action is to be TRULY FAIR, then the student body or work place should be equal to the % of what the census states is the % proporsion of each race in America. This will probably mean that the most of a student body or a work place will be Caucasion, but that is the ONLY WAY to make things equal.

t3bledsoe
14291
Points
t3bledsoe 04/28/14 - 08:52 am
0
4
deestafford @ 9:37

"So, let's assume a "legacy" gets 8 points and has a 4.0 average and many extracurricular activities is rated against a black with 3.5 GPA, few extracurricular activities, and whose father is a doctor who gets 20 points. Who gets accepted? The lesser qualified black who is accepted merely because of skin color and absolutely nothing else"

Why has it always have to be Caucasions vs. Affrican Americans? Why can't it be just as simple as % of each race will be represented in the student body and the work place?? I don't believe ANYONE can argue with this!

carcraft
28588
Points
carcraft 04/28/14 - 09:03 am
4
1
T3, it isn't always blacks,

T3, it isn't always blacks, Asians are often the best qualified but lose out for the "benefit " of diversity.

deestafford
32200
Points
deestafford 04/28/14 - 09:04 am
1
1
The left has become so blinded by their moral imperative...

The left has become so blinded by their moral imperative to not discriminate that the modern liberal has rejected rationality. They cannot bring themselves to admit they discriminate against anything because that would be like putting a cross in front of a vampire... they cringe in horror.

To give some examples of this lack of rationality for the sake of nondiscrimation:

---The TSA must detail search the 85 year old woman in a wheel chair and let the dark skinned Mid-East man go through with a light search.
---Sex as a teenager followed by an abortion.
---Abseninece versus promiscuity
---Don't call Islamists terrorists.
---One man's terrorist is another man's freedom fighter.
---All cultures have the same values and one is no better than another.
---Things and people who are bad are "victims".

Moral relativism and the accompanying fear of being called a discriminator has completely paralyzed the left from seeing what is good versus what is bad. They fail to see the good in WalMart, America, and Israel and want to tear those things down; yet, they never say what they would replace them with...I guess saying what they would replace them with would cause them to discriminate against the things they would wouldn't replace them with and they can't do that---DISCRIMINATE.

deestafford
32200
Points
deestafford 04/28/14 - 09:07 am
1
1
Carcraft, You are right. Look for a lawsuit...

Carcraft, You are right. Look for a lawsuit in the future whereby an Asian bring a case against a university because they were turned down from admission because the school already had its "quota" of Asians and would not accept anymore.

Bizkit
35756
Points
Bizkit 04/28/14 - 09:07 am
1
1
Legacy and family isn't in

Legacy and family isn't in the equation for college acceptance anymore (it can work against you if anything because of a fear of appearing showing favoritism). Things like good grades, public service, some kind of work experience in your field of choice, and sports plays a role. Sometimes the son or daughter of a physician can be real bright but have no work ethic or history, no attempt at shadowing or working in a hospital, and an attitude of entitlement that just don't play in med school. It's more than brains.

Rhetor
1082
Points
Rhetor 04/28/14 - 09:11 am
1
3
hmm

Well, maybe not everybody is ready to move on as the ACES suggests; however, many well-off white people are ready to move on, it seems. Of course, they always were.

Bizkit
35756
Points
Bizkit 04/28/14 - 09:20 am
2
1
Asians are minority in the

Asians are minority in the US, they suffer health disparities too, they are often discriminated against because they, as a whole, do so well in school they out complete caucasians with ease-they are held to a higher standard to normalize it in most colleges. Males generally do poorer than females in school and they are held to a different standard often accepting lower grade males. Blacks have been generally held to a different standard accepting lower grades. I guess the SCOTUS has ruled these methods to normalize everyone having a chance is now illegal? If we create a double blind system of application that doesn't see gender or race we will have mostly female, many asians, and few males with likely really few black males if it is illegal to allow any methods to increase diversity and it is purely merit driven. Course it is competition that may get males off their lazy butts and step it up-as other caucasians, hispanics and blacks to compete with asians and females.

deestafford
32200
Points
deestafford 04/28/14 - 09:44 am
3
1
Two points...

First, I need to clarify that the numbers and categories of points I used in my comment were in use in Michigan and were those used by the lady who brought the suit. If one had listened to what the liberals have been saying one would think a legacy got 50 points while being black got on 6 1/2. I really don't know what other state university systems use. I think there are only six or so states the ruling applied to.

What is being overlooked by many is the part of the ruling that said the people voting for a constitutional amendment in a state is valid and cannot be overruled by the court.

Second, as to T3's point of percentages. Would that not be assigning by quota and not by merit?

What happens when you don't get enough of one race? Just because there is 40% of a race in a state that does not mean there is 40% of that race qualified for college.

How would you handle out of state students?

So, when one starts messin' with the free market in any area one can see how it becomes a morass that causes more and more problems as one gets deeper in trying to control humans and human behavior.

Hands-of by the federal government except for the enumerated powers of the Constitution would make this a much better country. Accept the wisdom of the Founders.

Pond Life
17682
Points
Pond Life 04/28/14 - 10:08 am
3
1
"I was accused of being
Unpublished

"I was accused of being racist for compairing Caucasions to Ashians. [sic]"

No....you were accused of being racist for saying that Asians are smarter and better at math than Caucasians. That statement is JUST as racist as saying that Caucasians are smarter and better at math than Blacks. Generalizing a race is racist....regardless of which race it is.

Pond Life
17682
Points
Pond Life 04/28/14 - 10:10 am
3
1
Leaning toward Caucasions
Unpublished

Leaning toward Caucasions [sic] over minorities IS A FORM of discrimination which affermative [sic] action is supposed to insure!"

Oh? So in the Augusta area, you think minorities should be the benefactors of affirmative action? You realize that will give whites preference over blacks, don't you?

Pond Life
17682
Points
Pond Life 04/28/14 - 10:14 am
2
1
It is a logical fallacy to
Unpublished

It is a logical fallacy to assume that just because a geographical area has a certain racial demographic, then the percent of those qualified to do a certain job must also have that demographic. It's absurd. If it's true, then why doesn't the NBA mirror the racial makeup of the community? Why doesn't the Augusta and Aiken fast food service mirror the local demographic?

Pond Life
17682
Points
Pond Life 04/28/14 - 10:41 am
3
1
Rhetor.....if people were
Unpublished

Rhetor.....if people were ready to move on, they wouldn't have a problem ending the discriminatory practice of Affirmative Action. Of course those who are allowed to go to college with lower scores are fine with the status quo.

thauch12
7076
Points
thauch12 04/28/14 - 10:55 am
2
1
From personal observation,

From personal observation, it's interesting how pointless affirmative action is. It presupposes that merely admitting somebody to a college/university will insure their success in life. News flash: it doesn't.

It is no longer enough to just be admitted to Harvard/Yale/Vandy/Emory/UGA/Tech, nor is it enough to merely graduate. To get the good jobs/positions in competitive graduate schools, one must excel and, in my experience at least, those who are admitted to these prestigious universities under such "quotas" do not have the necessary skills to compete with those who are admitted IN SPITE of their race. That is not to say there are not qualified minorities who are admitted to these places (who incidentally somehow find a way to thrive), but it undermines the achievements of even these men and women in that people will always wonder if they got to where they are because of their race or because of merit.

By the logic of affirmative action, why stop applying the criteria at admissions? Why not grade tests/essays/presentations on a sliding scale based on race? Heck, why don't we just hand out diplomas and not even require certain people to go to college at all? There's a simple answer: the entire notion is ridiculous (including using race or even gender as a determining factor in admissions).

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