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SCOTUS to rehear Fisher v UTexas. Chances Scalia croaks by June'16?
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Date: June 29th, 2015 2:34 PM Author: irradiated ruddy sweet tailpipe If Kennedy croaks, the 4 conservaheroes can just gut AA for good by outvoting the libs 4-3. Kagan is recused again.
If Scalia croaks, then it comes down to Kennedy again to avoid a 4-4 tie.
Also, depends on how quickly the POTUS replaces him if he croaks by the end of 2015, which I hope doesnt happen. |
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Date: June 29th, 2015 2:55 PM Author: Soggy iridescent forum if Kennedy's final act of pwning reptiles was to retire this year, I would laugh heartily. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28223903) |
Date: June 29th, 2015 2:37 PM Author: Light sandwich i hope they ban AA which is clearly and facially invalid by 14th and lol at calling diversity a compelling state interest to overcome that bar
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Date: June 29th, 2015 2:39 PM Author: Fiercely-loyal codepig (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28223728) |
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Date: June 29th, 2015 2:40 PM Author: blathering public bath pisswyrm lol, liberals think that NOT having affirmative action is unconstitutional because of the 14th amendment.
https://en.wikipedia.org/wiki/Schuette_v._Coalition_to_Defend_Affirmative_Action |
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Date: June 29th, 2015 2:46 PM Author: Light sandwich in fairness that is not the claim they raised but that the ban on AA through state referendum infringed minority rights by removing the decision on AA from educational institutions to the state government
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Date: June 29th, 2015 2:47 PM Author: blathering public bath pisswyrm political process argument is still a bitchmade hatred of democracy. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28223833) |
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Date: June 29th, 2015 2:54 PM Author: Light sandwich like all things it depends
you dont want to let democracy decide by popular vote on every issue or right |
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Date: June 29th, 2015 2:54 PM Author: zombie-like wonderful orchestra pit roommate Just generally speaking, isn't it sort of silly to uphold a popular vote restricting minority benefits?
Edit: Yeah, just saw your response. |
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Date: June 29th, 2015 3:56 PM Author: Fiercely-loyal codepig More generally, there's a conflict between disparate impact and equal protection. Disparate impact requires discriminatory actions to be taken to remedy assumed discrimination. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224329) |
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Date: June 29th, 2015 3:58 PM Author: irradiated ruddy sweet tailpipe Ricci v destefano. Disparate treatment is more obvious and more disfavored than disparate impact (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224350) |
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Date: June 29th, 2015 4:03 PM Author: Fiercely-loyal codepig If this were taken seriously, 99% of disparate impact claims would fail. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224390) |
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Date: June 29th, 2015 4:07 PM Author: irradiated ruddy sweet tailpipe Most DI claims fail. The FHA just preserved the status quo (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224413) |
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Date: June 29th, 2015 4:11 PM Author: Fiercely-loyal codepig Disparate impact needs to have its toenails ripped off, its eyeballs gouged out, and then it needs to be dropped into a vat of molten steel and shot into the sun. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224454) |
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Date: June 30th, 2015 12:15 AM Author: Bearded Brunch Fat Ankles (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28227885) |
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Date: June 29th, 2015 2:40 PM Author: arousing marketing idea I thought Kennedy was not an AAmo (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28223740) |
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Date: June 29th, 2015 2:48 PM Author: irradiated ruddy sweet tailpipe What I'm saying is that if Kennedy croaks, it'll actually be easier for the cons to write a strong opinion against AA, 4-3, since Kagan is recused.
But if Scalia croaks and is replaced by Goodwin Liu, LJL |
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Date: June 29th, 2015 2:50 PM Author: Light sandwich Goodwin is not getting on Scotus with the current senate. He couldnt for COA and senate will just blackball him for scotus. Obama will have to go somewhat moderate to win repub approval and it will probably be Mr. Turd from DC circuit though extreme liberals may not like it (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28223861) |
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Date: June 29th, 2015 2:48 PM Author: Light sandwich he is
He was in dissent in Grutter and also overturned COA in Fisher
Obviously he is drifitng lib so what know what he will do to this case
If he bans AA and severely restricts disparate impact that would more than balance the shitlib hack job he did in gay marriage |
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Date: June 29th, 2015 2:49 PM Author: blathering public bath pisswyrm Is he actually drifting lib? Kennedy has ALWAYS been deranged about anything related to gays.
His SSM opinion is the exact same as his lawrence decision. Same shitty reasoning. |
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Date: June 29th, 2015 2:52 PM Author: Light sandwich nah
he definitely drifted lib. look at FHA and Alabama voting rights case
In gay rights it is much more pronounced but he was pretty narrow in earlier decisions like Romers where they only applied rational basis review. its obvious though not explicitly written in the majority opinion for gay marriage that they consider gays a suspect class now subject to strict scrutiny |
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Date: June 29th, 2015 2:57 PM Author: irradiated ruddy sweet tailpipe Counterpoints:
On Disparate Impact: Ricci v Destefano (he authored that opinion) On VRA (Shelby) |
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Date: June 29th, 2015 3:03 PM Author: Light sandwich He has been steadfast only with regard to racial discrimination issues
Even there he is kind of softening as you can see from Alabama districting case
Libs want their cake and eat it too. Put too many blacks in one district to ensure they will have representation in state assembly das racisss. spread them out too much that they cant decide election das racisss too
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Date: June 29th, 2015 3:08 PM Author: zombie-like wonderful orchestra pit roommate I think most libs would gladly accept an independent redistricting commission in every state, regardless of the outcome of said redistricting. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28223996) |
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Date: June 29th, 2015 3:11 PM Author: Light sandwich lol no
they dont have shame now and will not accept anything that does not meet their racial dogma. first they will challenge the composition of panel as racist and if that fails the results as well
To see how racist they are just look at Schuette case where the black lawyer decided a black person should make the oral argument to speak for minorities and at the last minute made herself the lawyer for oral argument at SCOTUS. If some white guy tried this shit he would be screwed for life but nobody gave a shit bcos she was black
That is the kind of tribal identity politics played by liberals and lol at thinking they have any principles and will accept some independent redistricting |
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Date: June 29th, 2015 3:25 PM Author: zombie-like wonderful orchestra pit roommate Not going to go so far as to say you are wrong, but I think that an objective analysis would indicate that one political party can be trusted significantly less than the other. That's just relatively speaking, but still.
The whole thing about American cons is they generally have religious people on their side. That encourages a win by any means strategy, because they legitimately believe they are fighting for their own eternal salvation. There's nothing I can offer them in real life that can compete with that. |
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Date: June 29th, 2015 3:28 PM Author: Light sandwich the religious cons dont care about AA and shit. they care about biblical issues - israel , gay marriage and crap like that
the religious extremists for racial issues are liberals - that is their religion and identity politics is their mantra
I have no problem with any race etc but only with this shitlib SJW agenda and tactics which basically made me more conservative |
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Date: June 29th, 2015 3:31 PM Author: zombie-like wonderful orchestra pit roommate I don't know if you live in the south or not, but I can promise you that religion and racial discrimination are inextricably intertwined in that group. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224151) |
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Date: June 29th, 2015 3:40 PM Author: Light sandwich i have never lived in the south except for a small amount of time in Austin (is it even considered south??)
if you say so fine but i just don't see the baptist evangelicals getting riled up over AA like they do for gay marriage or israel |
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Date: June 29th, 2015 3:46 PM Author: zombie-like wonderful orchestra pit roommate Agreed, I don't think it's affirmative action specifically, but racism/race issues definitely.
I think conservatives have done a good job of selling the religious argument to the media and general public. For most, it really is just a raw hatred though, and it's no different from that directed at blacks and hispanics.
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Date: June 29th, 2015 3:14 PM Author: Metal Nibblets Electric Furnace Yeah, the VRA case alone makes up for his shitty marriage decision. That was really a BFD.
He also went to the right on the original ACA case. He even gave Roberts shit for going along with the libs.
Weird dude. |
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Date: June 30th, 2015 12:16 AM Author: Bearded Brunch Fat Ankles nothing will ever redeem that fucking snake kennedy. there's a special place in hell for that turd. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28227892) |
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Date: June 29th, 2015 3:46 PM Author: Heady beta juggernaut they're granting cert again and the original fisher decision was pretty hostile to AA IIRC. unlikely they would do all that just to reaffirm bollinger. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224271) |
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Date: June 29th, 2015 3:51 PM Author: mind-boggling stubborn double fault blood rage so what do you expect (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224301) |
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Date: June 29th, 2015 3:57 PM Author: smoky fighting kitchen lettuce will either reverse on failure to narrowly tailor or send it back down for another analysis of narrow tailoring.
i predict the former. |
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Date: June 29th, 2015 4:32 PM Author: irradiated ruddy sweet tailpipe Will it spell out a clearer "method" of narrowly tailoring analysis than Fisher I? (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28224657) |
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Date: June 29th, 2015 5:49 PM Author: irradiated ruddy sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28225137) |
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Date: June 29th, 2015 3:57 PM Author: irradiated ruddy sweet tailpipe Kennedy's Fisher I was basically "strict scrutiny means strict muthafucka, no deference to gov/universities/etc on whether their consideration of race is narrowly tailored to" diversity (a compelling interest but not when race is the predominant measure of diversity).
So no more Grutter-style "strict" scrutiny.
Strict scrutiny puts the burden on the univ to demonstrate at all times that they MUST consider race b/c no race-neutral alternatives are workable.
But still 2 Qs remain:
1. The cert grant most likely was Roberts, Scalia, Thomas, and Alito who all DESPISE AA. Could've been Kennedy too. Can the Cons convince Kennedy to go further than he did in Fisher 1?
2. What if Scalia croaks on Ragu and BHO replaces him w/ Goodwin/Sri/Katyal before June'16?
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Date: June 29th, 2015 5:56 PM Author: Razzmatazz Naked Indian Lodge Bleeding-heart pinko commie shitlib here, I think AA is fucking terrible and hope it is found unconstitutional. The system as it currently stands does nothing but give wealthy blacks in good public and private schools a leg up in the college application process. It does not help the poor and truly disadvantaged - black or white - who have little access to academic resources and role models and rarely even apply to top-tier schools to begin with.
Go on, go to any fancy school in the US. Go to one of my Ivy alma maters. Look for a black person from a poor, disadvantaged background. Go on, do it! YOU WON'T FUCKING FIND ONE. Impoverished kids from the inner-city ghetto or from poor rural areas don't even know what the fuck a Dartmouth College is, or how they would apply to it. |
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Date: June 29th, 2015 5:58 PM Author: zombie-like wonderful orchestra pit roommate Agreed, makes more sense to do class-based affirmative action. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28225193) |
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Date: June 29th, 2015 6:00 PM Author: Razzmatazz Naked Indian Lodge TITCR (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28225197) |
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Date: June 29th, 2015 6:03 PM Author: zombie-like wonderful orchestra pit roommate I guess the problem is that it would require passage of a new law, state-by-state (with 39 Republican governors I believe). I can't immediately think of any way through the courts. (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#28225218) |
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Date: June 23rd, 2016 10:25 AM Author: Khaki abode sneaky criminal (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#30770070) |
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Date: June 29th, 2015 6:03 PM Author: Heady beta juggernaut is there any case that supports that SCOTUS's aff action ruling regarding a primarily STATE funded PUBLIC university would be extended to PRIVATE universities that receive FEDERAL research funds?
i've seen people on xo make that claim but never heard it substantiated. if SCOTUS just makes it slightly easier for non URMs to get into berkeley and UNC but things at stanford and yale stay the same, who really cares? |
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Date: June 30th, 2015 12:22 AM Author: Light sandwich frankly its not about the some 50 students getting admitted into Berkeley or UNC when they should not have been. Its to stop SJW mission creep in its tracks before the whole racial identity politics in education/jobs picks up even more steam
you give shitlib mob one inch and before you know they are fckng u up the ass with no lube
regarding your actual question by now it is obvious it entirely depends on what kennedy thinks about it. it is not settled SCOTUS law by any means and probably will lead to a circuit split and then a SCOTUS cert
the closest i can think of is the solomon amendment ROTC case
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Date: July 1st, 2015 9:48 PM Author: irradiated ruddy sweet tailpipe I don't think any case reached that direct outcome, but Kennedy's Ricci v. DeStefano basically ports over 14A Equal Protection jurisprudence into TitleVII.
And there are a lot of cases that say 14A jurisprudence & TitleVII & other federal schemes overlap with each other.
It'd be hard to say AA is unconstitutional discrimination under 14A, but all of a sudden, it no longer constitutes discrimination for the purposes of federal statute that bans discrimination.
Also, some people (the same person behind Fisher, actually) sued your alma mater, Harvard, directly, claiming that Harvard's consideration of race violates Title VI (6) because it gets federal funding.
And you have all the Dept of Ed: Civil Rights Office 'inquiries' into Harvard, Princeton, etc., for practicing AA. If TitleVI doesn't do what it says, it'd be none of the Dept of Ed's business. |
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Date: July 1st, 2015 9:54 PM Author: irradiated ruddy sweet tailpipe You guys can debate the math and the scholarship all you want, but you know this cases hinges on 2 factors:
1. Whether Scalia is on the court come May/June 2016, or is replaced by Kamala Harris 2. Whether Kennedy is willing to undo more of Grutter. His Fisher I basically adopted his Grutter dissent on deference (i.e., "strict scrutiny must not be strict in theory but feeble in fact." Strict means strict, mofos).
But his Grutter dissent then goes on to actually do the narrow tailoring analysis, which Fisher 1 didn't do (it sent it back to 5th Cir to do it).
Fisher 1 does say that diversity is compelling, but race can't be the predominant or sole measure of diversity). And the Univ has the burden of proving no race-neutral alternatives are "workable" (e.g., Top10%, SES AA, etc), which is a really compact version of narrow tailoring analysis.
Seems like Fisher 2 might just go through with narrow tailoring. UNLESS Scalia croaks. |
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Date: February 13th, 2016 6:07 PM Author: excitant frum space (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#29820933) |
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Date: June 23rd, 2016 10:22 AM Author: Khaki abode sneaky criminal (http://www.autoadmit.com/thread.php?thread_id=2922502&forum_id=2#30770051) |
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