Supreme Court turns back the clock on school diversity
By John Amato Wednesday Jun 27, 2007 4:24pm
CNN's analyst Jeffrey Toobin described today's decision by the Supreme Court shortly after it was handed down. He also described the deep divide that has erupted between the judges and Justice Breyer was not holding back. I'm posting the full video clip for complete context.
Download | play
Download | play
Breyer: You've got to be kidding me....Never in the history of the court have so few---done so much---so quickly.
Toobin said Justice Breyer was talking about Chief Justice Roberts and Alito...who were not too happy about Breyer's opinion.
Here's the pdf of the SCOTUS decision. Adam B has a great diary posted: Segregation Now, Segregation Forever? It includes Justice Breyer's opinion. Discourse.net says "Don't Panic." I'm not a legal scholar, but this ruling is another reason why the vote on the Alito nomination was a travesty. Christy has more...Adam also puts up Kennedy's voting record and it ain't pretty.
In one full term, this Court has severely curbed local efforts to promote racial diversity in schools, upheld a right-wing ban on a necessary medical procedure for women, curbed students' free speech rights, crippled Congress' ability to keep corporate money out of political advertising, prevented taxpayers from challenging the constitutionality of Bush's faith-based initiatives, made it almost impossible for women to prevail on claims of longterm sex discrimination . . . and they're just getting started.








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This court is scaring the shit out of me. I don't see anything good coming our way for a hell of a long time.
if i only had a hammer of justice:
http://www.youtube.com/watch?v=_UKvpONl3No&NR=1
anyone with any real brains knew that Chief Justice Roberts and Alito would show their true intentions and here we are while the rightwingnut neocons pull their chains and take away our hard fought for equality. don't put it past these bastards to empower shit-for-brains and darthfartwad to take over and eliminate the 2008 elections.
I can practially hear Darth Cheney snickering from here.
Justice Thomas wants to return to the good ole days when I could have bought his ass for $500.
Thanks, Democrats, for filibustering these guys.
"another reason why the vote on the Alito nomination was a travesty"
Which was the bigger travesty, the Alito vote? or the fact that blog owners like AmericaBlog and DailyKos justified the lack of a filibuster by claiming it was "bad politics" (see http://www.americablog.com/2006/01/why-i-oppose-filibuster.html).
We are living with the results. The Democrats continue to cave to Bush, our rights are being eaten away, and all Markos can write about is the fundraising advantage of the Democrats, while J.A. writes about Ann Coulter's cleavage.
This is what right wing conservatism has wrought.
The country refuses to see with its own eyes. The clock IS being turned back. It is being turned back on minorities, women, workers, children, free speech.
Al those who stood to gain from democracy, the oppressed, the minority, the religious of ALL faiths...are being summarly told that they are not welcome if they con't CONFORM.
The founders are shaking their fists at us. Those that died to gain our freedom, are crying.
Another sad day in America. Another sad day of suffering under the regime of George W. Bush. Another sad day of suffering under the yolk of oppression. Another sad day in the pursuit of freedom, justice and equality.
It's just a matter of time until one of Alito's boyfriends steps forward and nails his right wing ass to the wall, that prissy ass has got to have a following.
This is the catastrophe we all feared. One of the precedents struck down this term (on price collusion) was almost a century old. Brown dates 53 years. Roe, almost 35.
Meanwhile, Scalia was taunting Roberts for not going all the way (per today's NYR), and Thomas proved once more he is totally out to lunch.
Meanwhile, Kennedy is assuming the role O'Connor held, but is instead tie-breaking on behalf of the Federalist Society.
The seven Democrats on the Gang of 14 deserve our reprobation:
Joe Lieberman, Connecticut
Robert Byrd, West Virginia
Ben Nelson, Nebraska
Mary Landrieu, Louisiana
Daniel Inouye, Hawaii
Mark Pryor, Arkansas
Ken Salazar, Colorado
... as do the 19 Democrats who voted for cloture on the Alito nomination, when a party-line Democratic vote would have been filibuster proof:
Akaka, Hawaii
Baucus, Mont.
Bingaman, N.M.
Byrd, W.Va.
Cantwell, Wash.
Carper, Del.
Conrad, N.D.
Dorgan, N.D.
Inouye, Hawaii
Johnson, S.D.
Kohl, Wis.
Landrieu, La.
Lieberman, Conn.
Lincoln, Ark.
Nelson, Fla.
Nelson, Neb.
Pryor, Ark.
Rockefeller, W.Va.
Salazar, Colo.
The founders were slave-owners. Just sayin'.
Also, HKH is right on the money.
... and while the sheeple were asleeple ....
Let me add, my comment was in reference to Liberal and Proud's "the founders are crying."
The "founding fathers" ought not be sacred cows.
make no mistake, this wreck is going down. its just a matter of time.
You know for someone of the stature of roberts to compare this to Jim Crow just sends this country tumbling back to the 50's and 60's! If this dont wake people up and get them to see to vote democrat, nothing will. Im not saying the liberals are perfect but they work harder for minoity issues than conservatives do.
Since the country seems to be going backwards instead of forward, can someone tell me at what point in history did the US peak? If Roberts et al keep having their way with our laws it won't be long before we're back to 1950s and 40s type segregation and culture. I don't think I'm exaggerating, either.
[Deleted]
Jesse, what do you hold sacred? George Bush's word?
And the clock is being turned back yet again. I don't see why anyone didn't see this. Roberts and Alito refused to answer any questions so voting for them made absolutely no sense. I guess it's back to separate but equal.
Is it wrong that I am a very liberal man who would rather see students admitted based on their credentials and not their skin colour? Am I naive?
Isn't institutionalised racism (i.e., maintaining a 'quota of minorities') a little ironic?
I am not looking to start a war here. I am a Canuck who wants this spelt out for him. I don't like the feeling that I am 'supposed' to take up a certain stance because I am traditionally liberal.
baby jesus wonders how this court will screw up the next election
Chimpy's legacy will live on...and on...and on.
But honestly, what did you expect the Dems to do in this case? Roberts and Alito were both "qualified"...and as the election winner, Chimpy had a right to tilt the SCOTUS to the right. How can the Dems justify a fillabuster??? They lost the Presidential election and didn't have control of the House or Senate. Hard to claim you have the power of the people behind you.
America wanted a Republican in the White House...so this is what we all have to deal with.
Believe me, this is only the beginning.
I guess it’s back to separate but equal.
Exactly. Let's undo the '60s. That was always the plan. Has been the plan for 40 years.
The joining of the right wing nuts and Boll Weevil Democrats. 1980 my friends. A turning point for this country.
Once again they refer to Kennedy as "the swing vote".
BTW,this surely must be a PROUD day for all those Black Republicans in America,
a demographic I will never,until my dying day,be able to figure out.
And .. Just exactly which cases out of thousands DO THEY decide to hear?
Who is on that special approval case committee now?
We all tried to warn everyone not to confirm Roberts (election 2000 ties) and Alito (mr. corporate)
We tried.
We all tried.
Certainly any Administration that is under federal investigation
--> SHOULD not be able to appoint Supreme Court Justices.
I wrote this on the fly a week after the Election of 2000.
http://www.youtube.com/watch?v=h2qnnifiIDQ
December 9 2000. We will never forget. 5-4.
The People could not stop ..the illegal Bush Cheney corporate coup d'é·tat.
I dont know people, im and independent populist and i really have issues with both parties, but i dont know if i can deal with another republican president, it would mean a return of jim crow for this country! That i cannot take!
As the fascist, bigoted, xynophobic extremists feel more and more empowered, you are going to begin to see politicians in the Center of this country run for office, that will make George Wallace and Barry Goldwater look like choirboys.
don't forget that they also abolished the "minimum pricing" law so that now there can be "minimum pricing pacts".
And you forgot to mention that the SCOTUS also decided that price fixing is a good plan as well.
We the
peoplecorporations.--WKW
I hear they're eager to overturn evolution next.
There is no America anymore.
Last one to leave the country, please turn out the light. Oh...the light is already out.
Iran will be attacked by September. THAT will prevent our honored soldiers from being brought home.
Count on it.
Martial law is around the corner. The Supreme Court is all set up. General Betrayus is in place.
soothsayer @ 30:
Yes. The evolution of this country.
A country of FOOLS.
I'm actually very supportive of this ruling. Having race play any role in a schools admission process is wrong. And what a lot of these kind of programs do is reverse discriminate against white people.
I hate this supreme court's conservative majority, but this is one ruling I applaud them for.
Now a lot of the others rulings you mentioned do scare me though.
shawn:
You are not wrong for wanting people based on their credentials, i think everyone does but i think what this harkens us back to is people of color who are qualified being shunned and not counted because of their hue. This decision makes a uneven playing field even more uneven, if you cant see that then i hope you will open your eyes. Institutionalized racism, covert racism, systemic racism, it's all very sneaky today because it's not as cool to an extent to be as overt as past bigots, so they do it in an underhanded style. What im saying shawn is that's why im for affirmative action because of cases like this which points down a road straight back to jim crow.
And again, I want to avoid a flame war, but...
Right now I am reading a lot of responses that reek of the same hyperbolic emotional reasoning that we tend to tease the Republicans for using.
I will leave this alone now.
I consider this shameful decision and my thoughts go back to the 1960's (when I was a preteen)and every night the television was glowing with images of civil rights marches and fire hoses and police dogs and burning crosses.Where to now America?
Anyone who tihinks the playing field is LEVEL is dreaming. This ruling LOOKS balanced, but the fact is, this is REVISIONISM. This whole...everyone is equal argument is the SAME argument that was used in the South to deny rights to blacks. It created separate drinking fountains, etc.
Be black for a day, or a woman, or any other minority.
Today is a landmark day in the history of the US Supreme Court.
Two major legal precedents have been rewritten:
1) Brown v. Board of Education (1954)
2) Sherman Anti-trust Act (1911)
In the case of 2), it is now legal for manufacturers to make exclusive agreements with retailers setting minimum retail prices for their products. This ends the blanket ban on retail price-fixing that has been in effect since 1911.
The conservative legal revolution begun under Ronald Reagan is now paying off. They must be dancing in the hallways over at the Federalist Society.
Ladies and gentlemen....blame the gang of 14 all you want....but Al Gore and John Kerry should have run better campaigns and we would not be talking about alito or roberts! This is why elections matter!!!
shawn:
No Flame, im just answering your question.
Hello everybody....
This is what the last two elections have been about.... Who was paying attention when it mattered? So annoying now....
The FACT is that our society is NOT colorblind. You all KNOW that, because you hear it from your co-workers, people on the trains and buses...your own families.
Shawn @ 20:
No, I'm a leftist, but I too do not support race playing a role in anything. What a quota system does is turn away qualified white people just so they can fill up a certain number of blacks. Of course though the left has such a long history of fighting for civil rights that they do take issues like this very seriously. I know the people who are mad against this ruling are good people and I respect their passion and know they are just trying to fight racism in this country, but they are mistaken to be against this very wonderful and welcomed ruling.
I understand their appointment is for life but surely there must be some tool to remove them if they are working against the people of this country and its constitution. Can they be impeached? If there is no tool then one has to be put into place since we can't depend on our elected officials to protect the rights of the citizens of this country.
The problem as I see it is that white parents sued because their kids were being sent to schools closer to "black" neighborhoods. Those neighborhoods are traditionally poorer. Because most public school are funded by school taxes on parents living near the school, effectively creating private schools, the ones near the black neighborhoods often receive much less funding. Funding makes all the difference. Its the reason the NY Yankees are consistently good. Its the reason my high school excelled but the school in the next town that was largely black barely had enough teachers, let alone highly qualified ones.
We can end this by simply abolishing the private schools created by the current funding systems in most areas. We should instead average the money out across a much larger area. For example, there are five school districts within the county I live. Some are poor areas and the schools suck. Others are wealthy areas and the schools are good. The poor people can't move into the rich areas because they can't afford it and rich people continue to move only into rich neighborhoods. Instead, collect the taxes for the entire county and then distribute the funds equally based on enrollment numbers. Even better, do it by state.
Think about it. This is the root cause for this problem and we can resolve it.
Annoyed Canuck @ 40:
Damn right they are. This is the decision of their dreams. It will be used to justify ending affirmative action, discrimination suits and a whole host of programs designed to help even the ECONOMICALLY challenged.
This will be used against DISADVANTAGED WHITES too.
This is the unholy marriage of right wing nuttery and corporate GREED.
Annoyed Canuck @ 40:
Ah yes, the race ruling was not nearly as important as the price fixing ruling. I just read about it and it is so scary to see just what a gift the corporate elite got today from the Supreme Court. I just wish we lived in the days of FDR when the people came before the corporations.
pissed off patricia @ 1:
You hit it right on the head. Bush's robots are running amok. Are we still having this conversation?? What year is this?!?
Well, aside from the "open your eyes" comment reuben, I think you make a valid point. In fact, I just had a heated debate with my ladyfriend about this - who took to reminding me how different things are in the States. (Which isn't to say that we don't have our own brand of racism here - hoo boy.)
I am not against ending racism, obviously, but feel as though liberals who agree that this isn't the appropriate solution are immediately thrown on the defensive by other liberals who attack character by implying xenophobia et al. in those who support this ruling. (Read some of the replies here to get the gist of my meaning.)
I don't think the U.S. is going to enter into a dystopian warzone where 'darkies' are rounded up and shot because of what happened today, for one. Secondly, I don't think that these such instances of affirmative action reduce racism and they certainly do not alter the social conditions which tend to segregate races based on wealth. It makes things appear more harmonious on the surface when in reality there is no choice on the parts of educators or students. Heck, where I went to school students tended to form social circles based on their race and these circles would mock and spread rumours about the other social circles. But that is simply my own experience, and again, it's not representative of life anywhere in the United States.
I still welcome information that'll illustrate to me that I am backing the wrong horse, mind you. That's sort of why I made my post in the first place; my mind was thoroughly boggled.
And it will be used to complete the destruction of the MIDDLE CLASS. Affirmative action CREATED the middle class. Work rule programs CREATED the middle class.
This is a PRECEDENT that will be used to justify cases having NOTHING to do with the issue decided today.
Watch and LEARN.
This entire country disgusts me.
Oh...look...Paris Hilton is on...doesn't she look good...she's reborn. Good for HER!!
budda @ 45:
I agree. I think that's why opinions become so very heated. I don't want to turn anyone's face red but I don't want to have to wade through pitchforks and torches either because I'm not sure this is the best solution to an obvious problem. I do respect the opposite position as well and appreciate that this is a very personal issue for so many.
And as an Italian...I have a few choice words for Justices Scalia and Alito.
And you better realize this is putting a BIG SMILE on the faces of these right wing evangelicals...
Liberal AND Proud @ 55:
No doubt you have some very expressive gestures for them as well...
:lol:
well to all the americans who don't vote.
you asked for this and the other sc decisions.
this is just the beginning. this shit is going to get nasty.
intron @ 47:
I used to live in Buffalo (let's just say to commit suicide in Buffalo is redundant) and there was an equal amount of funds going to the white areas and the black areas in regards to schooling. And white teachers were still afraid to teach at the black schools because of crime, bullying and all kinds of scary shit. The black majority schools were literally scary to even be around. We know the injustice done to blacks, but I cannot stand seeing the government force white kids into black neighborhoods to get beat up, raped and bullied. White people have rights too. And that is exactly what was going on - the government was forcing them to go to these black schools. On the other hand you have blacks coming into the south buffalo areas where their was deep seated racism from the community about having blacks "shipped in."
Now Buffalo is a very racist city and that of course plays a role with both the blacks and the whites - but in my view the busing and quote policies have been a complete failure. They create more problems then they solve.
If you want to get into socioeconomic integration that is another matter.....
Rich get richer, poor get poor, riots in the streets, urban war zones, etc.
Time to start planning more secure gated communities for the corporatists.
So, what's the process for removing these jokers from the court? They've demonstrably violated the constitution. Time to start firing bozos.
Death will remove them.
Just wait, Justice Brennar is now going to write his last ruling...and then call it a day.
As he once said, "I cannot remain on this court forever", and he is right.
I thank him, but the bottom line is...it's over.
bhudda:
I respectfully disagree and i think anyone can see this is a setback decision. I think the big cover that conservatives use is that it's discrimination against whites. I find that to be laughable when white christain males run this country as o'reilly puts it runs america and has been running it since it's onset. Its bogus reasoning in my opinion...whites have never been oppressed like minorities have.
Makes ya almost melancholy for the Rehnquist Court...doesn't it.
I guess we know how the Supreme Court is gonna rule on "executive privilege" this time around.
How many Bush Sr. buddies sit on this court anyway?
The Constitution may be colour blind, but (many) Americans are not. Just ask anyone who's been racially profiled at the airport, or is "dark" and has been pulled over by the police.
Ideally I should think their decision is a good one. IN REALITY I know it is NOT. Until the above is untrue...
Soooo..because the supreme court ruled that students COULD NOT be discriminated against because of race in particular, that's a step backwards? I might remind everyone that 'Diversity' means everyone. Get your heads on straight, knotheads! This is upholding the civil rights act, that should make you backward liberals VERY happy.
If someone can answer this question for me to my satisfaction, I'll take it back:
Why should a less-qualified black student have a better shot at a college than any other more qualified student, merely because of his skin color?
I just can't wait for the National ID cards!
When you walk in the door at work, it won't be..."Have a nice day"...it will be "WHERE ARE YOUR PAPERS!!"
shawn:
Think about this the biggest setbacks in history as far as social justice start with a little covert backing and then before you know it it evolves into a big issue. This ruling needs to be nipped in the bud because a lot of people wont see it because there has been a conditioning of the culture to think that racism is a small thing and it doesn't exist anymore, but covertly racism exist just as much as it did overtly in the sixties and thats a very scary thought!
Unfortunately, the masses rarely see the small and continueing dents and dings done to their freedoms. One day the masses will wake up and the USA they knew will be gone. And they will scream nobody told them, or they voted for some joker because he wanted to hang flag-burners, or they were unable to see the odds of terrorist attacks vs USSR missles pointed at us, or it was some unknown kid blown up in Iraq not his kid--so it does not matter to them, or some idiot talked religion w/o benefit of works and got their vote, etc. Frankly, every person that voted republican, or failed to vote has blood on their hands. Some one has to be held accountable for this god forsaken mess.
Yes, we will see alllll the diversity in the growth of white only schools again..where students get in based on the MERITS! Just like G W BUSH.
And white only country clubs, and gyms, and ....
Wake up, Avatar.
What ARE you talking about? Seriously? Are you living in the 60's? You tell ME to wake up? You talk like we're on our way back to slavery. MLK Jr. Would be mortified by your attitudes, he wanted equality, not special treatment.
reuben @ 63:
Oppression is oppression is oppression.
Your response doesn't do much to prove that this isn't discrimination against white kids, but rather, that sure it might be discrimination on a micro level but that's okay because whites run the country on a macro level. These students aren't the ones who engineered the social problems they happened to be born into.
[Sitemonitor: Your "concern" is duly noted]
No. We're on our way back to institutionalized segregation.
And it will be WORSE, because now there will be economic segregation.
Shawn @ 20:
Shawn,
You have to understand how unevenly and unequally schools are funded in the US. This problem has a long history, and it has always been closely tied to race.
Before Brown vs. Board of Education (1954), schools could be segregated racially, but they had to be 'seperate but equal'. In other words, the fiction was maintained that schools in poor black areas were of the same standard as schools in richer, whiter districts. This was one of the cornerstones of Jim Crow segregation that kept black people poor and powerless. Black students had much less funding, inferior facilities, and lower grades
This problem persists, in spite of the Brown ruling. It is why school boards across the US practice various forms of affirmative action. For the most part, these practices do not prevent anyone from getting their choice of school. The burden on white kids is negligible, if it exists at all.
'Separate but Equal' was the requirement of Plessey vs. Ferguson, the 1896 Supreme Court ruling that upheld the constitutionality of racial segregation. It was a fraud. Brown vs. Board of Education reversed that decision and ended legal segregation in all areas of American life. If you don't understand the significance of this, and the benefit it had thoughout American society, do some reading.
Dismissing anti-segregation laws as mere 'institutionalized racism' is ignorant.
Avatar:
well why should a more qualified black student not get a chance than a less qualified white student? This is the reason for affirmative action in the first place, it's not a level playing field. Minorities did not create this situation just remember that. BTW im not liberal.
Let history play it out.
This is, if we don't find ourselves shipped off to war first. Oh...and that diversity you talked about...yeah...EVERYONE will go...except the children who's parents got them into those "diverse" schools your talking about.
Well, that was a quick and painful way to labotomize history, Liberal and Proud. Just say your stuck in the 60's next time, that way i'll know not to take you seriously.
Anyone applauding this ruling should go back and read through all the SC opinions.
This decision absolutely reeks of rigid right wing ideology.
I'd rather be stuck in the '60s then stuck in the 90s.
May Ralph Nader burn in Hell for his egotistim...and all his followers that said voting for Bush was the same as voting for Gore...
Yeah, and turning the Supreme court back about 100 years is not going to make any difference either?
I hope you Naderites enjoy the complete destruction of American Freedoms, and the creation of the New Corporate State you created for us all!
Nobody ever said Republicans arn't biggots! and if you know anything about American history the way they keep control over minorities and especially with the freed slaves, they simply limited their eductional opportunities. "Keep the mass's dumb and you can get away with murder." - should be a slogan printed on the GOB elephants ass!
or the 80s or the 00s.
The middle class will now learn what "equal but not really equal" means.
shawn:
That's because in your mind whites are oppressed and that's not the case in this country, im sorry im not trying to change your mind im just giving you another point of view. I dont think oppression is oppression when one group of people havent experienced oppression compared to someone who has experienced it firsthand.
reuben @ 69:
While I am obviously not sure that I agree with you regarding the court's decision, I do believe that racism is a fundamentally huge problem and that more open acknowledgement of its current existence should be made. Take New Orleans, for example. As a glaring, obvious example. I, for one, never pretend that racism isn't unfortunately prevelent.
shawn:
That's good and might i say you would be surprised at how many people will try to spin katrina like it wasn't racism. So for that i give you a lot of credit.
I say we have enough creativity to get together and do what is best for the children in spite of the court. Surely all of us can come up with something to make sure this does not exclude children.
Our own Pres. has made the choice over and over to ignore the constitution...we can too but just be smarter about it create a quiet loophole.
I have no respect for this court...lost it a very long time ago.
budda @ 59:
Poor, crime-ridden areas are scary no matter the color of the people. The threat of physical violence from someone because they feel they have no alternative other than to steal and say "F it" is indeed frightening and sad. However, as long as poor areas receive 1/2 the funding of wealthy areas it just continues to exacerbate the problem. My district pays each school $6995/student. There is a neighboring district I know of where they get about $4700. And that's not even the "poor" area. This funding is reflected in teacher salaries, educational equipment, books, building maintenance, playground equipment, etc. Funding makes or brakes a school. Plus, if you were a teacher and a "decent" school was going to pay you $40,000 but the "crappy" school was going to pay you $30,000 which would you work for? Now, if those are leveled out, it at least removes the monetary incentive.
Even if the schools are scary, doesn't mean (in my opinion) that they should get less funding. At the least we should start treating everyone, rich and poor alike, the same.
shawn:
I still think your sought of blind on this decision though but im a person who can agree to disagree. I think this is only the first step in worse things to come and shawn believe me i hope im wrong!
Liberal AND Proud @ 74:
The U.S. is already there. It has always been there. It's a large contributor to the problem as well, if I understand correctly. Poor neighbourhoods have a lot of minorities, and poor neighbourhoods don't have great schools. Wealthy white individuals can, on the other hand, help support the schools their children are attending which provides them with differing advantages.
I only disagree in that I believe the solution is better federal funding of schools in poor areas to truly bring them up to a standard all schools would be held to.
brakes = breaks. My school wasn't that bad... just my typing :)
This isn't just about racism, folks.
This is about economic segregation. You unwind ECONOMIC grants that are NOT based on race, also with this ruling.
The government can pay out money, as they do with Pell Grants...but there is now NOTHING to stop a white student from a rich family from bitching and moaning about some poor white student getting MONEY from a top school to go to that school simply because he is POOR. Becausse...well geeeeeez...we're all EQUAL...he shouldn't get SPECIAL TREATMENT.
Look two steps ahead. Or do I have to right the ruling too?!?!
Liberal AND Proud @ 83:
In a few more years, the "middle class" will be down to a handfull of people.
Republican agenda is not to fix the bad schools, or to alleviate the urban blight, or to help lift anyone out of poverty, but instead to punish those who are already failing or don't fit in with "the program."
Sorry...WRITE the ruling...not right.
This is a victory for the KKK --
Congratulations to Breyer for his outspokenness in pouring truth on Roberts return to racism on the Supreme Court --
Not being able to monitor our society by "race" in an effort to eliminate discrimination makes about as much sense as not being able to acknowledge "gender" as a basis of discrimination.
But, the Roberts' SC may also outlaw that looking at the recent decision re pay equity!!!
This is a disgusting decision and should be reputed worldwide and domestically --
Let's see who stands against it --
Avatar @ 67:
...He shouldn't. But, that shows the blatant NIAVITY of your position. First and foremost, define "less-qualified". Qualifications WILL ALWAYS BE LIKE BEAUTY....In the eye of the beholder. Right now, a majority of the beholders are like YOU...white. That's an instant subconscience disqualification for a black kid. It's not that your prejudice, it's just the way WE have been programmed. It takes a little extra push A LOT of the time to get people to go outside of their comfort zone.
Also, it's easy to point fingers and rail against legal discrimination, albeit for the good of society in my opinion, BUT, it's the hidden discrimination that exist that's hard to prove. A LOT of conservatives, who really do want the clock turned back, KNOW this. This is why the push for stupid things like this. Knowing good and damn well, that them and their ilk, will be able to discriminate at will. IT IS VIRTUALLY IMPOSSIBLE TO PROVE DISCRIMINATION!!!!
As an example, my best friends father (my co-father) includes me in a friends e-mail list. He usually forwards everything (jokes, dirty pictures...almost lost my nuts on that one..wife was pissed). Anyway, the funny thing is, how a lot of whites act, with regards to blacks, when they are amongnsts themselves. I read a lot of racial jokes and these are from guys in hiring positions at a large oil company.
So, yes, this CAN turn back the clock!!!
Shawn @ 51:
shawn, the ruling was against a system in Louisville that established racial diversity as the goal for assignment of school placement. The court was using the 14th amendment (ironic enough) to outlaw an attempt at promoting diversity (of course, irony oozes all over this one, considering the 14th amendment was usurped to stop vote-counting in Florida and install Bush in the first place...) But all that aside, I'll explain why this reasoning is disingenuous and this ruling was wrongly decided.
First, the majority ruled that individual students who did not get their first choice of schools were harmed because of their race. The court (not the school system) therefore has decided that segregated schools are more valuable to some students than diverse schools. Clearly the majority is saying that white students would benefit from all-white (or lower than 15% minority) schools. Note, this isn't a decision about allowing qualified students into schools - all of the students are allowed into high school - this is just a decision about how the school system determines where to send students. So, by claiming "equal protection" the majority is actually establishing special protection for students who want segregated schools. This is what I mean by disingenuous.
It's wrongly decided because it directly contradicts Brown and all the cases based on Brown. Remember when Alito was asked about Stare Decisis? Brown was established precedent. I'm sure that the "Roberts court" will have no trouble over-turning the precedent of Roe v. Wade.
So, I thought it was bad enough when the Reagan appointee O'Connor was the "swing-vote". Now Kennedy is considered the center. Give it a little time and Scalia will be the centrist voice on the court.
According to Roberts and Alito, it's your own damn fault if your black or poor.
The rich deserve their privilege according to these and their ilk, if you CHOSE to be born poor, plan to stay that way.
Welcome to the new age of the American Gentry, it hasn't been this good for the rich and powerful since the middle of 19th century!
reuben @ 89:
I hope you are too. But that's why I posted - I wanted to be presented with more arguments in favour of race-based admission policies. Whenever I disagree with the vast majority of liberals I know, I feel uneasy and become paranoid.
The fact that Roberts compared what was happening in Louisville now to Jim Crow shows the true colors of this man. Sadly, despite his truely genuine, albeit naieve, agenda, Thomas his siding with a man who would rather have him shining his shows that operating as his pier. Just maybe, the Jim Crow comparison touched a nerve with Mr. Thomas. I can only hope. Surely, he remembers the past. HE LIVE IT!
For conservatives who don't understand, I'll make a simply analogy. It's like comparing 9/11 to the OKC bombing. No comparison..right?
However, in Roberts mind, Jim Crow and AA now are the same (9/11 = OKC bombing).
That's dangerous.
WashStateBlue @ 81:
Whatever. Al Gore lost that election all by him self. I worked for the Green Party and we were reaching out to the 50% of the population that doesn't vote. We registered more people than ended up voting for Nader. If anything, we made the election closer.
Speaking of which, I especially want to thank Annoyed Canuck, Soonerman, and Old Billy for their posts. I am done arguing is all, which is why I won't respond. This is because I feel that everyone has expressed their point of view succinctly and semantics will only cloud things. I want to ingest this all now and mull it over tonight.
That, and I have a take-home exam to finish. Oops.
Soonerman @ 101:
DAMN! I'M SO UPSET MY GRAMMER IS TERRIBLE...CORRECTED. IS IT "NAIVE"?
Toobin said in the video that race can no longer be factored in in making school bodies diverse. So, eventually, a kid will just attend the school in his neighborhood, white or black, and we will return to segregation, return to the Stone Age.
naschkatze @ 105:
The words "live, liberty and the pursuit of happiness" to be replaced with..."LOCATION LOCATION LOCATION".
Excuse me, boss. The new maps are in...the one's with the red lines on them.
Soonerman @ 101:
I was also disgusted by the comparison of the Seattle and Louisville plans to Jim Crow. If Roberts actually believes that (I don't think he is sharing his true motivations) he is more of a mental lightweight than Harriet Miers.
Your analogy is off though. It was like comparing the Oklahoma City bombing to the Branch Davidian raid. One was clearly malicious and destructive (OKC bombing and Jim Crow) and - at worst - the other is poorly executed. I want to know who paid for the legal efforts who overturned the Louisville and Seattle school board programs.
Old Billy @ 102:
Oops. My own reply became a blockquote?
That's it; I'm getting off the damn internet.
Or was it a black quote.
Shawn @ 103:
Good luck on your exam, Shawn.
The "Bong tokes for Jesus" case pissed me off too. So, is there now an age requirement for having freedom of speech?
[Deleted. Please consult the commenting policy and try to make your point without racism or anti-semitism]
"Whatever. Al Gore lost that election all by him self. I worked for the Green Party and we were reaching out to the 50% of the population that doesn’t vote. We registered more people than ended up voting for Nader. If anything, we made the election closer."
While I will agree, the Gore campaign did a lot of damage, your party was running around telling people voting for Gore was the same as voting for Bush?
So, how'd that work out for you folks?
Don't give me the spin, I argued LOUD and long with Naderites who told me Bush=Gore, and I told them again and again to look at the USSC justices...
I'm a court follower, been going and sitting in on cases for almst a decade, and this court is absolutely terrifying.....
Maybe you greenies didnt lose it singlehandedly, but today is a day I'm PISSED, but telling me you made it closer? Come on, that's completely revisionist. The numbers in Florida directly contradict you.
I saw this coming the day Bush took office.
Roe v Wade is next, while they won't directly overturn it, just as they didn't overturn Brown vs Board today, they will gut it like a fish in the next two terms...
People might think this is the "Roberts court," but really it's the George Wallace court, with Clarence Thomas as Supreme Oreo.
Back of the bus, brown people--There's a new sheriff in town, and he don't cotton to no uppity minorities!
These close split court decisions, split along conservative/liberal lines gives one pause.
In so many cases, the Supremes' decisions imply the law means what ever you want it to mean, depending on your ideology.
It doesn't invite citizens to put much faith in the court as an impartial, even handed body, does it?
Rusty Shackleford @ 5:
You mean the days when a black man, like Thomas, would have been hung for having relations with a white woman, like Thomas' wife?
Bobb999 @ 117:
Just wait until the issue of the white house claiming executive privilege regarding the congressional subpoenas gets in front of Roberts's court.
"You mean the days when a black man, like Thomas, would have been hung for having relations with a white woman, like Thomas’ wife?"
I would be interesting to see how Thomas would vote on miscegenation laws? He was in favor of upholding Sodomy laws as a "States Rights" issue.
Old Billy @ 98:
I'm going to jump in here, as another Canadian watching the interesting goings-on down south.
I am a 41 year old white male. I have experienced government-based racism. When I was 19 I was trying to start a small company. I went to the government to see if I can get some start-up capital. There was nothing. If I was a female, or old, or some minority, or better yet a combination of the above, there was plenty of money. Lots of money in programs for women who want to start a business, or natives, or old people. But screw you young white guy! Even though we have all this money set aside, that these other groups aren't taking advantage of, we're not giving any to you! Ha ha ha!
Man, that pissed me off. I hate it when people talk about "reverse racisim". There is no such thing. Racism is racism. Though in this case, it also was sexism and ageism.
Anyway, on to the response. I'm afraid I'm having a little trouble following your logic.
Ok so far.
What? I don't see how this follows. If school applications were to have race & gender removed, then your qualifications would be based on your school record. And since we're talking about high-school, and you don't need to "qualify", then the only other thing the people accepting submissions should look for is distance to school. Not even necessarily their home address, so you can't claim that they're discriminating based on a neighbourhood.
But how does not paying attention to gender create a "segregated school"? Isn't that just the opposite?
Again, I don't see how this follows. If the names, races & genders were all redacted out, then you would truly be getting an unbiased decision. There do seem to be some names that are preferred by black parents, which could give away the race of their kids, but again, if you redacted out the name, that wouldn't give anything away.
Again - I don't follow your logic. Just blank out the names and races, and make a decision based on distance-to-school. How could that be harmful?
Personally, I can't stand the idea of someone being ruled acceptable or unacceptable based on the colour of their skin. If I didn't hire a black person because he was black, I would be in violation of labour laws. But if I didn't hire a white person because I had too many already and needed some minorities, isn't that just as discriminatory? The white person may be ideal for the job, but I *can't* hire him, because of a completely irrelevant reason- the colour of his skin!
HKH @ 7:
>> Yet another example of why we need to see action and impeachment by the Dems. They can waffle and play for more seats in 2008 -- but they keep thinking that they are fighting the same old status quo political games. They don't understand just how dangerous and corrupt BushCo is.
When they figure out how extensive the corruption is, it may be too late.
This Court session has definitely swung to the right, but I think the clip overstates the damage this decision has caused. Brown was not overruled. In fact, Roberts was unable to get a majority for his proposition that schools must never take race into the account. His portion of the opinion which so states was only endorsed by four votes.
Justice Kennedy concurred in the result but would not endorse the "colorblind" theory of Roberts/Scalia/Thomas/Scalito. The result is that schools may still take race into account - we're just not really sure how. That is not so different from the state of the law before this case.
Avatar @ 67:
Your question is irrelevant and proves you don't understand the court's ruling.
Today's decision had to do with high school, not college. All school-age children are required by law to go to school - you don't have to qualify to attend. The academic credentials of black and white students is not at issue here.
The case is about diversity and reasonable access to schools with adequate funding by all students, regardless of race. The court acknowledges that very few school places in the schools in question were allocated by race. Given this, it is hard to believe that the decision is anything other than ideological, as there was little if any real discrimination against majority (white) students in either of the Louisiana or Seattle schools.
This ruling affects far more than schools - as Brown v. Board of Education did. A vast area of settled law, dating back to 1954, which enabled millions of minority Americans to improve their lives, has now been opened to reinterpretation.
The question I have is what might happen if laws protecting voting rights and registration for minorities are challenged before this court. This could be the beginning of an unravelling of the civil liberties of millions of people.
This is Bush's endgame, to tilt the court right. O'Connor, I hate you.
I live in a racially diverse city, in a racially diverse neighborhood and send my children to a racially diverse school. If you are liberal and trully care about racial diversity you need only take the steps that I have taken. The idea that a mother should be forced to bus her children across town against her wishes is, frankly, unconscionable. Diversity is a beautiful thing, but at what cost?
intron @ 47:
I agree with this statement completely. It would solve many of the problems with public schooling.
I remember going to a middle school outside Philidelphia in a very rich district and marveling at the resources this school had, in every department! Books, great teachers, art supplies, dance studio, music studio, expensive equipment everywhere! And then thinking of the average school....an enriched environment versus poverty.
Give all kids this richer environment and opportunity, then see what happens. Am guessing society would improve.
"Justice Kennedy concurred in the result but would not endorse the “colorblind” theory of Roberts/Scalia/Thomas/Scalito. The result is that schools may still take race into account - we’re just not really sure how. That is not so different from the state of the law before this case."
Yup, which means ALL the next president has to do, if he is a Republic, is replace Ginsburg or Stevens with an Alito clone, and boom..Goodbye Brown!
Kennedy is the swing now...then, he will be part of the permanent left of screamingly right majority.
This will looks like the Oliver Wendell Holmes earlier era court, before Brandeis, when it was OWH vs. a bunch of Corporate thugs....
[Deleted. Take your crap over to StormFront. Your racism is not welcome here]
They've got to get the White House (and Senate) first.
"They’ve got to get the White House (and Senate) first."
Which is why, THIS is the most important election in my lifetime and my kids probably as well.
I see Hillary running against Rudy or Thompson, and I cringe....
Even if we pick up Senate seats, those two (either of whom will beat Hillary) will just keep sending righties down the pike till and the democrats can block..
But, then the WONDERFUL
Liberal(my ass) MSM will chime in about gridlock, and the Democrats in the Senate will capitulate as they always do....WASHINGTON, June 28 — "Striking down an antitrust rule nearly a century old, the Supreme Court ruled today that it is no longer automatically unlawful for manufacturers and distributors to agree on setting minimum retail prices. The decision will give producers significantly more leeway, though not unlimited power, to dictate retail prices and to restrict the flexibility of discounters."
A law nearly a 100 years old. That means Teddy Roosevelt probably passed the damn thing, he was known as the "trust buster" for taking on big business after all. This means, like gas companies do, retailers can now get together and all agree not to charge less than a certain $$ amount on different items. so even though the thing was made in china for 10 cents kmart and sam's club will agree not to sell it for less than $100.
big business 1000000000000000000000, you 0
Crazy Canuck @ 121:
Thanks for the response, I must agree that my arguements are hard to follow. I was trying to keep things short, but was dropping out some of my reasoning. You are absolutely correct in noting that the students could be assigned to schools without race, gender, or even name entering into the decision, but the school system is trying to create diverse schools because they think it is an advantage (and I agree). The problem is that the neighborhoods are segregated and the socio-economic status follows racial divides. Therefore, there exists de facto segregation and generational perpetuation of racial inequality. The school system (especially in Louisville which was trying to have at least 15% racial minorities) was establishing racially diverse schools as the ideal in order to provide equal opportunity and better overall education by ensuring a racially diverse environment. The only "harm" that the majority was addressing was the potential (but not factually supported) greater transportation distance of very few students, and the inability of economically well-off neighborhoods to retain and consolidate their advantage.
In the example you gave above regarding getting a government loan for your small business, I commend you for starting a small business. That being said, why do you think you should be entitled to government loans that are established to help historically disadvantaged minorities? If all conditions were equal (a level playing field), of course, any small business stimulus program should give loans to good start-ups. But all things aren't equal - that's why those loans are available to minority-owned small businesses.
I would also love to live in a world in which people were judged by relevant qualities instead of prejudices, but we aren't there yet. I don't think your example of hiring people is accurate, because that is not what is being asked of anyone. For example, the Detroit Lions were penalized by the NFL because of their hiring practices - not because they hired a white guy, but because they didn't interview any minority candidates in good faith. Is it too much to ask that an employer attempts to interview minority candidates to see if they're qualified?
WashStateBlue @ 131,
Agreed on the republican side. But I don't know if we're any better off with Hillary. To balance this court (or even stave off disaster), we need an actual progressive. I don't think that someone taking such huge money from Newscorp and Big Pharma qualifies.
"big business 1000000000000000000000, you 0"
As I said, this court reminds me of the early Oliver Wendell Holmes era, when he was the dissenting voice against a pack of evil corporate thugs...
Who overturned any labor and child labor law, using the "liberty clause" as the excuse?
The argument? Any restriction on Business was usurping YOUR right to basically sell YOU or your CHILDREN into Slavery?
If you wanted to work for a penny, but the state of NY said that was inhumane, and you needed a living wage, then it was depriving you of your liberty?
That is the tortured logic, and I hear that echo in Roberts decision in this.
Can we now go after the "activist judges" canard in full force now? I would love to see the reupublicans who complain constantly about judges be pressed on this.
WashStateBlue @ 131:
No worries. Even Hillary will beat Guiliani or Thompson. Guiliani is as charismatic as a shorter John Kerry, and Thompson is bound to have some skeletons come out of the closet. Neither can give a compelling convention speech or do well in a debate. 2008 will be a referendum on the neo-con agenda, and we already know what the vast majority of Americans think of the neo-cons.
"Agreed on the republican side. But I don’t know if we’re any better off with Hillary. To balance this court (or even stave off disaster), we need an actual progressive"
Oh, I'm dead set against Hillary, cause I'm convinced she will lose against Rudy or Fred. She COULD win against Mitt, but that's not saying much....
fiver @ 134:
Be careful, fiver, that's awful close to saying that Clinton and Guiliani/Thompson are the same (Bush=Gore)! We can't speak the truth when we are trying to save the Supreme Court, right WashStateBlue?
Seriously, though, I don't mean to needle you too much, Blue. I think the truly progressive thing to do would be to bring more people into the elections. If we can bring in more voters who are middle and lower class and show them how progressive policies provide better for all of us, we can turn a lot of elections.
"No worries. Even Hillary will beat Guiliani or Thompson. Guiliani is as charismatic as a shorter John Kerry, and Thompson is bound to have some skeletons come out of the closet. Neither can give a compelling convention speech or do well in a debate. 2008 will be a referendum on the neo-con agenda, and we already know what the vast majority of Americans think of the neo-cons."
You could be right about Rudy, but America loves actors who pretend to be politicians? Ronnie and Arnie proved that...
Plus, Fred has the nice southern drawl they love in the heartland...
I just cringe at the MSM spending more time on the Clenis then what either candidate is saying...
Besides, I have lots of examples of friends that would vote for ANY demo this time (these are independents and liberal republicans) EXCEPT Hillary...
They just loathe her, and they can't even tell me why..
It's visceral and it's absolutely real.
Ginsberg and Thomas better watch out, Scotus is liable to apply the same philosophy to Scotus, as soon as it figures out how to bring a case before itself.
This is quite paradoxical.
"Be careful, fiver, that’s awful close to saying that Clinton and Guiliani/Thompson are the same (Bush=Gore)! We can’t speak the truth when we are trying to save the Supreme Court, right WashStateBlue?"
and, I don't mean to pick a fight we you either old Billy, but maybe I'm as old as you...(walked with my mom for Jack Kennedy, if that dates me enough) and I have grown VERY pragmatic in my old age.
We thought we had room, that Bush was just pretending to be conservative, remember, the MSM told us how well he worked in Texas with the democrats..
And Gore was just a LITTLE different then Bush, so nothing was going to change really...
I think THAT little lie has been revealed.
So, I hear them selling Rudy as "he's really a liberal on social issues..." and I say "Bullshit" to that.
We need Obama or Edwards, cause Gore isn't running this time, and as much as I would like to see Feingold, or some true progressive get elected, it's going to be Obama or Clinton from our our side, and I know who I prefer there.
WashStateBlue @ 143:
I totally agree about the Bush sales job ("Compassionate Conservatism") and the parallel Rudy effort. I would also take Obama in a heartbeat over Edwards or Clinton (but I'd hold my nose and vote for Clinton if I had to). I like Richardson too - I just don't ee why he doesn't catch on.
Racism is now restored and the NEOCON, CHRISTIAN RIGHT
Isn't this good for global warming, though? Isn't it more efficient to have public school children go to school where they live, and then enforce housing discrimination rather than bus kids of different colors across the district? Also consider the disruption to the child and family if they don't get the nearest school and have to spend 45 minutes on a bus each way.
I'm for the Chris rock school of Affirmative Action... if the white guy is better, give it to him (i don't want a neurosurgeon who got there on anything less than merit), but if its a tie, give it to the black guy, the white guy got a 300 year head start.
During the summer, between 5th and 6th grade, my school boundaries were redrawn. I went from a school with 1 minority(a native american), to a school where minorities were the majority. It was the best thing that happened to me.
I had to walk eight blocks further to school, but it was worth it. I made friends of other races and opened my mind.
There are those of us who think this is a sham because we know that ignorance breeds suspicion. Exposure to diversity is what will eventually reduce racism. Refusing to acknowledge that racism exists is the very fucking HEIGHT of denial. We want diversity because diversity EDUCATES. PINHEADS.
Four corrupt white racists and one corrupt, self-loathing black. Hardly a group to make Americans proud of their Supreme Court. Instead we shall be prey to their unspeakably rancid, irrational mythologies for the next thirty years.
These fools are scary. The good thing is that maybe this will get the public out to the voting booths next year to make sure that a Democrat or Independent (not Holy Joe) are elected and officially move in to the White House. A massive retirement is coming up and we need to make sure that nuts such as Roberts, Alito, etc do not have anymore supporters.
Also, Congress can overrule the Court's decision - so what about a campaign for Congress to overrule todays decisions.
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