5th Circuit rules on race-based college admissions
- Thread starter Tilted
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itsbob
I bowl overhand
Government sponsored racism is alive and well.
This_person
Well-Known Member
It seems Holder may be right - it's only wrong if it's enforced equally.
foodcritic
New Member
ImnoMensa
New Member
Tilted
..
Judge Garza's concurring opinion is very critical of the (Supreme Court's) Grutter v Bollinger (2003) decision, which is the essential basis of this 5th Circuit decision.
I think there's actually a possibility that the current Supreme Court will reconsider the general issue (of race being used as a criteria in college admissions) and effectively overturn Grutter (it was a 5-4 decision with Justice O'Connor joining Justices Stevens, Souter, Ginsburg and Breyer in upholding, in some circumstances, the use of racial preferences). Would Justice Alito vote differently than Justice O'Connor did? Probably.
Of course, if that happened, we might hear an outcry that rivals that which we've heard regarding the Citizens United ruling: How dare they overturn precedent in the name of actually getting it right as a matter of Constitutional law? Flippin activists!
I think there's actually a possibility that the current Supreme Court will reconsider the general issue (of race being used as a criteria in college admissions) and effectively overturn Grutter (it was a 5-4 decision with Justice O'Connor joining Justices Stevens, Souter, Ginsburg and Breyer in upholding, in some circumstances, the use of racial preferences). Would Justice Alito vote differently than Justice O'Connor did? Probably.
Of course, if that happened, we might hear an outcry that rivals that which we've heard regarding the Citizens United ruling: How dare they overturn precedent in the name of actually getting it right as a matter of Constitutional law? Flippin activists!