
Well, I will add this: but blame the Google doodle for the day, and the fact we were discussing Calvinism, and the worst excesses thereof.
"I would like to say 'This book is written to the glory of God', but nowadays this would be the trick of a cheat, i.e., it would not be correctly understood."--Ludwig Wittgenstein
"Life can only be understood backwards, but it must be lived forwards."--Soren Kierkegaard
One sweeping consequence of the Reformation is yet to be noticed. As it denied the merit of good works even in the regenerate, all those Catholic beliefs and ordinances which implied a Communion of Saints actively helping each other by prayer and self-sacrifice were flung aside. Thus Purgatory, Masses for the dead, invocation of the blessed in Heaven, and their intercession for us are scouted by Calvin as "Satan's devices." A single argument gets rid of them all: do they not make void the Cross of Christ our only Redeemer? (Instit., III, 5, 6). Beza declared that "prayer to the saints destroys the unity of God." The Dutch Calvinists affirmed of them, as the Epicureans of their deities, that they knew nothing about what passes on earth. Wherever the Reformers triumphed, a wholesale destruction of shrines and relics took place. Monasticism, being an ordered system of mortification on Catholic principles, offended all who thought such works needless or even dangerous — it fell, and great was the fall thereof, in Protestant Europe. The Calendar had been framed as a yearly ritual, commemorating Our Lord's life and sufferings, with saints' days filling it up. Calvin would tolerate the Swiss of Berne who desired to keep the Gospel festivals; but his Puritan followers left the year blank, observing only the Sabbath, in a spirit of Jewish legalism. After such a fashion the Church was divorced from the political order — the living Christian ceased to have any distinct relation with his departed friends; the saints became mere memories, or were suspected of Popery; the churches served as houses of preaching, where the pulpit had abolished the altar; and Christian art was a thing of the past.That is a fair summation of the distinction between Roman Catholicism and Protestantism, and it indicates a cultural shift and acceptance which has precious little do with doctrine. That "legalism" followed the Puritans to the New World, where they worked hard to suppress any celebration of Christmas (how'd that work out for them?). The PWE, from this accounting, had a lot more to do with what is rejected rather than what is accepted. Understanding and even trying to live by TULIP (itself a reductio of much of Protestant theology, a reductio ad absurdum I would now argue) was never so much in the cards as the much simpler act of rejecting all things Roman in favor of the new order. The Reformation "denied the merit of good works," something that happened long before Dabney or even before Calvin's Institutes became "Calvinism." And I know from experience much of that rejection was based less on careful theological reasoning of the kind displayed in New Advent, and more on the fact that it simply seemed "too Catholic" (a phrase you will still hear today, 500+ years after the Reformation began), and so was an unsound practice. All of the things listed there as rejected, were rejected largely because they were "Popish" (the American Puritan's argument against "Christmas" was that the word incorporated "Mass", which it did; and that was reason enough to reject the observance of the Savior's birth). But having flung them aside, the Reformers threw out "good works," too. This the theologians did deliberately; but the laity did almost accidentally. Nonetheless is suited them, and so culture triumphed aside from theology (which most of the laity wouldn't, and to this day still don't, understand). Having tossed out the baby (Catholicism), they tossed out the bathwater, too (any Christian idea of "good works"). It wasn't a long trip from there to an emphasis on grace through good works for oneself, i.e, the PWE; even if it wasn't really a path to grace at all, or even a sure sign of one's salvation. What matters, as ever, is not what God thinks, but what other people think. In this, as in other matters, Aristotle triumphed once again (or saw more clearly, at least): what matters most in life is success, and his ethical advice was to find the successful man and emulate him. He is successful, so he must be doing something right, and he must also be on good terms with God.
The Texas Election Code governs anyone who participates in Texas elections—including representatives of the OSCE. The OSCE’s representatives are not authorized by Texas law to enter a polling place. It may be a criminal offense for OSCE’s representatives to maintain a presence within 100 feet of a polling place’s entrance. Failure to comply with these requirements could subject the OSCE’s representatives to criminal prosecution for violating state law.One minor problem: the Texas AG won't be prosecuting anybody. That's not what they do:
Under Texas law, the county or district attorney has primary jurisdiction to prosecute most criminal offenses. The Office of the Attorney General assists local prosecutors at their request. The law also authorizes this agency to proffer assistance to local prosecutors. Most OAG prosecutions are undertaken on referrals.And as for the Texas Penal Code:
Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including:
- Misuse of state property or funds
- Abuse of office
- Offenses against juvenile offenders in state correctional facilities
With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds.So aside from the violation of international treaties that this threat represents, Mr. Abbott literally has no authority to issue such threats; not unless a Texas District Attorney asks the AG's office to help in the prosecution of a violation of the Texas Election Code. Provided, I take it, that the offense takes place on state property; and most Texas polling places I've ever been in are not state property.
Ambassador Janez Lenarčič, the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), expressed his grave concern today over the threat of criminal prosecution of OSCE/ODIHR election observers.Final update: there's a whole lot of stupid around here:
This threat, contained in an open letter from the Attorney General of Texas, is at odds with the established good co-operation between OSCE/ODIHR observers and state authorities across the United States, including in Texas, Lenarčič said, adding that it is also contrary to the country’s obligations as an OSCE participating State.
....
The ODIHR limited election observation mission for the 2012 general elections in the United States consists of a core team of 13 experts, from 10 OSCE participating States, based in Washington D.C., and 44 long-term observers deployed throughout the country. These are the sixth United States elections the Office has observed, without incident, since 2002.
Harris County Clerk Stan Stanart said if the observers showed up at a poll location, "I'd kick them out of there. It's as plain as that. Right now, my understanding is you can't be in there unless you are a poll worker or a voter or a legitimate poll watcher. It's illegal for them to be a poll watcher unless they're a citizen of Texas."
Mark P. Jones, chairman of the political science department at Rice University, said observers are "pretty normal" in elections. He said it is reasonable for Abbott to weigh in because the decision to send observers suggests "there's at least the potential implication the state's electoral rules are flawed."
Raising the prospect of criminal sanctions "is probably going over the top a little bit," Jones suggested, "but Abbott's become very good at this. Greg Abbott now does not miss an opportunity to appeal to the Republican base. … This is just showing his bona fides as a conservative, someone who will help resist … U.N. meddling in Texas politics."
Texas Secretary of State Hope Andrade also wrote to Everts on Tuesday to express concern that, based on media reports, it appeared that "this valuable information sharing program" was being politicized. She wrote that it was "critical" that Texans understand the organization is in Texas only to learn about the state's election processes.
Keith Ingram, director of the elections division in Andrade's office, said in an email to county election officials Tuesday that any characterization of the OSCE observers as monitors was false. Ingram said he had met with the two-person team last week and told them the Election Code would not allow them into actual polling places, and that they understood.
With legions of citizen watchdogs on the lookout for fraud, voters confused about the documents necessary to vote, and the country almost evenly divided politically, von Spakovsky is predicting that November 6th could be even more chaotic than the 2000 elections. He will play a direct role in Virginia, a swing state, where he is the vice-chairman of the electoral board of Fairfax County. Joining us at the conference table at the Heritage Foundation, John Fund, von Spakovsky’s co-author, told me, “If it’s close this time, I think we’re going to have three or four Floridas.” Von Spakovsky shook his head and said, “If we’re lucky only three or four.” If there are states where the number of provisional ballots cast exceeds the margin of victory, he predicts, “there will probably be horrendous fights, and litigation between the lawyers that will make the fights over hanging chads look minor by comparison.” Pursing his lips, he added, “I hope it doesn’t happen.” But, if it does, no one will be more ready for the fight.
Von Spakovsky said, “The idea that there’s some deep conspiracy is just laughable.” His own work, however, has suggested that liberals engage in conspiracies. “Who’s Counting?” opens with an insinuating account of how Al Franken, the Minnesota Democrat, was elected to the Senate in 2008. According to the book, there is “compelling” evidence, compiled by a citizens’ watchdog group, that “1,099 ineligible felons voted illegally” in the contest—“more than three times” Franken’s victory margin. The subhead of the chapter is “Would Obamacare have passed without voter fraud?”Need I say that any lawyer who goes to court on bad research and sloppy investigations is going to get his head metaphorically handed to him? And that any lawyer who doesn't understand the difference between an act and a criminal act shouldn't even have a license?
Fox News and other conservative media outlets have promoted this argument. However, Mike Freeman, the Hennepin County Attorney, who oversees Minneapolis, told me, “Those numbers are fraudulent. We investigated, and at the end of the day, out of over four hundred allegations in the county, we charged thirty-eight people. Their research was bad, sloppy, incredible. They are just liars.” Some of the targeted voters weren’t actually felons; others were on probation and hadn’t realized that they remained ineligible to vote. To be convicted of voter fraud, a suspect needs to have criminal intent.
Von Spakovsky told me, “It doesn’t matter whether they”—the felons—“intended it or not. The point is they did vote.” The subject of electoral fraud is now front and center in Minnesota: in November, the state will have a referendum on a state voter-I.D. law.
Nobody can come to grips with the drama of history unless he recognizes that most of the evil in this world is done by people who do it for good purposes. Evil is not that popular. If one gathered together a lot of people and said, "Let us be evil together," it would not go over very well. Thanks be to God!....Krister Stendahl, Paul Among Jews and Gentiles (Philadelphia: Fortress Press 1976), p. 105-06.
Thus the question is not to balance judgment and mercy. Whenever one reads the Bible or theology, what I would call the "who-is-who" question always arises. Who speaks to whom and for whom? The mighty message of God was often heard in a wrong way because one listened in on the wrong message. There are many examples of this. Jesus did say, "Man does not live by bread alone," but he never said that to a hungry person. When he was faced with hungry persons he fed them--4000 or 5000. And he mass produced wine in Cana just to prevent the wedding feast from turning into a fiasco. It was to Satan that he said "Man does not live by bread alone," speaking for and to himself. The church, however, often quoted Jesus in the wrong direction--to the hungry, in defense of the well-fed.
Who speaks to whom? For whom is judgment mercy? That is the question, and unless one understands it, even the most glorious dialectical understanding of theology becomes not only counterproductive but evil.
"If I just know that you share a rare surname with someone who was wealthy in 1800, I can predict now that you're nine times more likely to attend Oxford or Cambridge. You're going to live two years longer than an average person in England. You're going to have more wealth. You're more likely to be a doctor. You're more likely to be an attorney," Clark says.
"We can't predict the individual aspects of where you'll end up, but if we want to rank you overall in society, maybe as much as 60 percent of the outcome is determined at the time of conception," Clark says.
And if Clark is right, that number is almost impervious to change. The Industrial Revolution didn't change it. Neither did the communist revolution in China, World Wars I or II, or even social policies like the GI Bill. Clark says he's still working on exactly how to interpret that information.
But it's clear he has growing doubts about whether public policy can really help people move up the social ladder.
Of all the vile, fake, lying-ass, money-grubbing shyster scumbags on the face of this planet, there is perhaps none more loathsome than Osteen, a human haircut with plastic baseball-size teeth who has made a fortune selling the appalling only-in-America idea that terrestrial greed is actually a form of Christian devotion. "God wants us to prosper financially, to have plenty of money, to fulfill the destiny He has laid out for us," Osteen once wrote. This is the revolting, snake-oil-selling dickhead that John McCain actually chose to pimp as number one on his list of inspirational authors. So much for "go, sell everything you have and give to the poor," and all that other hippie crap from the New Testament.Leave out the reference to McCain and the 2008 election, and the description still holds true today. Except in the wake of the collapse of the world economy, both Mr. Osteen and Rick Warren, the other public religious/political figure from 4 years ago, seem to have gone to ground. Of course, Pastor Warren pretty much buried himself last year with an unfortunate tweet that revealed him to be more akin to Mitt Romney than to Jesus of Nazareth, and his purpose driven life to be more a matter of material than spiritual attainment.
"In America," she says, "we have equated personal business success with public virtue. And to a certain extent, your moral and civic virtue could be measured by the size of your bank account."It wasn't always this way; or at least, always this sharply defined. But then, times have changed:
"One of the things which is really astonishing is how much bigger the gap is than it was before," she says. "In the 1950s, America was relatively egalitarian, much more so than compared to now." CEOs earn exponentially more now, compared with their workers, than they did 60 years ago.And, of course, what adds to the profoundly emotional reaction, is a conviction that the poor are actually taken care of:
"The other difference is that now the super-rich are global. And that's not sort of a cultural choice of theirs, that is something which is imposed on them by the nature of the world economy," says Freeland. "Increasingly, I think you are actually seeing what, ironically, was the dream of Marxists, right? You are seeing the emergence of an international class."
While Marx almost certainly wasn't dreaming of global billionaires, Freeland says he might have recognized what's going on right now. "This notion that borders wouldn't matter, that we would have commonality of interests around the world. Well, guess who got there first? The plutocrats."
“We don’t have people that become ill, who die in their apartment because they don’t have insurance.”Thus spake Mitt Romney. But as Paul Krugman (among others) points out, we do have such people in America. Indeed:
...hospitals are required by law to treat people in dire need, whether or not they can pay. But that care isn’t free — on the contrary, if you go to an emergency room you will be billed, and the size of that bill can be shockingly high. Some people can’t or won’t pay, but fear of huge bills can deter the uninsured from visiting the emergency room even when they should. And sometimes they die as a result.Remarkable how that simple fact escapes the discussion. Perhaps we can quibble over how many die rather than go to the ER because they don't go to the doctor because they don't have insurance, but can anyone deny the hospital doesn't treat people in the ER out of a charitable impulse, or write off that care as a cost of doing business, or get a tax break or a direct government subsidy for non-paying ER patients? I'm sure there are people who believe it is true, but those people are not hospital administrators; or people who are uninsured and poor. One group finds the money somewhere, and we praise them for doing so; the other is invisible and dies off as part of the surplus population. Or, at least, they don't frequent the congregations of Mr. Osteen's or Mr. Warren's churches; not in large numbers, anyway.
"People don't just want to be rich and successful, they want to be good. And I think it's really threatening to feel like, 'Wow, you mean I'm not as full of virtue and goodness as I thought I was?' "Aye, there's the rub. To be rich, but not to be immoral, that is the problem! Andrew Carnegie struggled with it, and he decided the problem was a moral one: that too many people or institutions were not equipped to deal with the large sums of cash amassed by people like him (which rather awkwardly makes him fit to be rich, but not other people). His problem was with inheritance, not wealth, but he still made some salient points:
"By taxing estates heavily at death the State marks its condemnation of the selfish millionaire's unworthy life. It is desirable that nations should go much further in this direction.""The selfish millionaire's unworthy life" has more than a whiff of Ebenezer Scrooge before that fateful Christmas Eve about it. Scrooge sees his death: unmourned, his fortune dispersed in ways unexplained but of no use to him, his life reduced to rag pickers haggling over what they could steal. His redemption is, as Carnegie did, in giving it away in charitable purposes before his death. He was never as good as he thought not because he didn't think he was good, but because he limited his field of "good" too narrowly. That's the lesson of Jacob Marley: those who don't go out among their fellow men in life, must do so in death. The most frightening image in the entire story is the ghost pointing and shrieking in anguish at a mother and her children, huddled in the freezing cold on the street outside Scrooge's window. The shade can do nothing now but regret his failure to act in life. He has found out too late that he was not as full of virtue and goodness as he thought he was. And yet, nearly 170 years after Dickens wrote those words, we still hear them every year; but do we listen to them?
"It is a sense of, you know, 'I deserve this,' " she says. "I do think that there is both a very powerful sense of entitlement and a kind of bubble of wealth which makes it hard for the people at the very top to understand the travails of the middle class."These sound like the characters I encounter in stories by F. Scott Fitzgerald or Dorothy Parker, people I had once thought as exotic and extinct as my own daughter thinks of the racists I grew up with, in a world of segregated schools, buses, restrooms, and water fountains. Some of that is not coming back, but some of the racist attitudes have clearly not gone away, and while my wife and I hear the racist code in allegations that the President is "lazy and detached" because of a debate performance, my daughter misses the dog whistle because she misses the historical context of what was once such common racism we barely called it "prejudice." I would have thought the world of the plutocrats, except for the Rockefeller level of financiers, was gone forever, and yet I can read stories less than 100 years old which give me insight into the people I'm reading about in the news today.
One standout moment Freeland recalls is a conversation with a billionaire who spoke with great sympathy about some friends who'd come to him for investment advice. "And he said to me, 'You know what? They only had $10 million saved. How are they going to live on that?' I kid you not, he was really worried about them."
When Cooperman told me the story of his lucky escape from dental school, he concluded, “I probably make more than a thousand dentists, summed up.” (A thousand dentists would need to work for a decade—and pay no taxes or living expenses—to collectively earn Cooperman’s net worth.) During another conversation, Cooperman mentioned that over the weekend an acquaintance had come by to get some friendly advice on managing his personal finances. He was a seventy-two-year-old world-renowned cardiologist; his wife was one of the country’s experts in women’s medicine. Together, they had a net worth of around ten million dollars. “It was shocking how tight he was going to be in retirement,” Cooperman said. “He needed four hundred thousand dollars a year to live on. He had a home in Florida, a home in New Jersey. He had certain habits he wanted to continue to pursue.We really should have more sympathy for the retirement problems of people who need $400,000 a year just to keep up.
Those at the very top, Freeland says, have told her that American workers are the most overpaid in the world, and that they need to be more productive if they want to have better lives.
There is little separation between that attitude and Scrooge's cruel indifference to the fate of the "surplus population." It's a pity we don't have a ghost to repeat those words to "those at the very top" and shame them into some recognition of at least their common humanity.
"The idea that there are many ways to God is very widely held among religious believers"There is at least a category error there, along with the mixed metaphor (is it the soup or the cake that is mushy? And how, indeed, is soup "mushy"?), but the basic argument is that all things must resolve to reason as I understand it, or they don't resolve at all. The possibility that, say, language games might be involved here, is not even considered. The idea that any formal system of reasoning can create questions it cannot answer, isn't considered either. And the nature of truth is such that it is hard to know what is true, but it is easy (apparently) to know what is not true, because truth is both unitary and absolute.
This is simply swimming in mushy soup now. Unless we’re the realms of quantum divinity, with Christ stuck in a box and us calculating the probability of the God particle decaying, then Jesus is either the son of God, or another prophet (but not the most recent), or just a Jewish heretic with some nifty moral philosophy to sell us. There is no way for all three of those things to be simultaneously true.
Now, I can see that a believer might think that believers of other things or non-believers are not necessarily going to hell simply for that, but this “many ways to God” thing is trying to have your mushy cake and eat it.
Petitioner, a Texas resident, applied for admission to UT’s Fall 2008 freshman class in Business Administration or Liberal Arts, with a combined SAT score of 1180 out of 1600 and a cumulative 3.59 GPA. JA 40a-41a. Because petitioner was not in the top 10% of her high school class, her application was considered pursuant to the holistic review process described above. JA 40a. Petitioner scored an AI of 3.1, JA 415a, and received a PAI score of less than 6 (the actual score is contained in a sealed brief, ECF No. 52). The summary judgment record is uncontradicted that—due to the stiff competition in 2008 and petitioner’s relatively low AI score—petitioner would not have been admitted to the Fall 2008 freshman class even if she had received “a ‘perfect’ PAI score of 6.” JA 416a.In other words, as NPR reported this morning, Fisher never would have gotten into UT when she applied because her scores were not good enough. To hear Fisher tell it in the NPR report, she was at the top of her class and she should have been a shoo-in for admission. However, she wasn't in the top ten percent (which makes admissions race neutral so far as I can see) and so she went through the review process like everyone else. In that process, race is taken into consideration, but as one of seven factor considered in one step of a multi-step process. Or, as they explain it in their brief:
UT’s applicant pool is divided into applicants who are eligible for automatic admission under the top 10% law, and applicants who are not. Although most admits fall into the former category, the admission of students not eligible for the top 10% law is a critical means of pursuing UT’s educational mission and an important counterpart to the top 10% law. A Texas applicant may be ineligible for the top 10% law because she was in the bottom 90% of her class (like petitioner), or because her school does not rank students (as is true of some of the best private high schools in Texas).
After the files of the non-top-10% applicants are scored, they are plotted on a matrix corresponding to the school or major for which admission is sought, with the AI score on one axis and PAI score on the other. Each cell on the matrix contains all applicants with a particular AI/PAI combination. JA 392a. After considering the number of students in each cell and the available spaces for a particular major or school, admissions officers draw a stair-step line on the matrix, dividing the cells of applicants who will be admitted from those that will be denied. JA 386a-87a.Sorry for the tedium there, but I figure this is important. It's important because I still can't shake the fact that this is a curious case for Supreme Court review, for one simple reason:
For each cell, admission is an all-or-nothing proposition: all the applicants within a cell are either admitted or denied. PAI scores are fixed long before this step in the process occurs, and nameless applicants clustered within each cell are not identified by race. So, as petitioner has acknowledged, admissions officers cannot—and do not—consider the racial demographics of the cell (or the race of any applicant within it) when they draw the stair-step line dividing cells. JA 387a-89a, 411a-12a; Summ. J. Hr’g Tr. 20, ECF No. 118 (petitioner’s counsel: “[T]hey use a matrix where you don’t know who’s who. Because once they’ve made a score, you become a number. So they’re not doing what Michigan was doing in Grutter.”).
An applicant’s PAI score is based on two essays and a Personal Achievement Score (PAS). JA 374a. Essays are reviewed by specially trained readers, and are scored on a race-blind basis from 1 to 6. JA 374a-76a. The PAS score ranges from 1 to 6 as well, and is based on holistic consideration of six equally-weighted factors: leadership potential, extracurricular activities, honors and awards, work experience, community service, and special circumstances. JA 379a. The “special circumstances” factor is broken down into seven attributes, including socioeconomic considerations, and—as of 2005—an applicant’s race. JA 380a. Race is one of seven components of a single factor in the PAS score, which comprises one third of the PAI, which is one of two numerical values (PAI and AI) that places a student on the admissions grid, from which students are admitted race-blind in groups. In other words, race is “a factor of a factor of a factor of a factor” in UT’s holistic review. App. 159a.
No automatic advantage or value is assigned to race or any other PAS factor. JA 379a-81a. Each applicant is considered as a whole person, and race is considered “in conjunction with an applicant’s demonstrated sense of cultural awareness,” not in isolation. JA 397a, 130a. “Race is contextual, just like every other part of the applicant’s file,” JA 169a, and “[t]he consideration of race helps [UT] examine the student in ‘their totality,’” JA 129a. Adding race to the mix in whole-file review “increases the chance” that underrepresented minorities will be admitted. App. 434a. But because of the contextualized way in which race is considered, it is undisputed (JA 130a) that consideration of race may benefit any applicant (even non-minorities)—just as race ultimately “may have no impact whatsoever” for any given applicant (even an underrepresented minority). JA 381a, 397a-98a; see JA 207a-09a, 285a, 434a; App. 29a, 46a.
The procedural posture of this case defines the scope of our review. There are no class claims and both students deny intention to reapply to UT. It follows that Fisher and Michalewicz lack standing to seek injunctive or forwardlooking declaratory relief. This principle is rote. To obtain forward-looking equitable remedies, a plaintiff must show she faces imminent threat of futureThat's from the opinion of the 5th Circuit. Frankly, it seems to me to put the entire question of the rejection squarely on the facts of the case; and yet the 5th Circuit writes a long, complex opinion examining the status of college admissions standards following Hopwood and Grutter (especially the latter). I'm perplexed because if the facts of the case are undisputed as to why Fisher was denied admission (well, she disputes it, but her argument, at least from the NPR report, seems to be she should have gotten in because her parents did, and because she's white), then where's the beef? I understand the issue is about whether or not race should have played any consideration in the admissions process, but in this case the evidence is even if it didn't, she still wouldn't have suffered damages by not gaining admission to UT. As the 5th Circuit puts it:
injury. Without that threat, these two applicants only have standing to challenge their rejection and to seek money damages for their injury.
Texas applicants falling outside the top ten percent group face extreme competition to gain admittance to the University. There are approximately 16,000 students competing for only 1,216 fall admissions slots. The competition is so great that, on average, students admitted from outside the top ten percent of their high school class, regardless of race, have even higher SAT scores than those granted automatic admission under the Top Ten Percent Law.... It requires no empirical study to observe that those excluded under this Law have been a rich source of Texas leaders over its history and that for some applicants, admission to the flagship school of Texas is little more possible than admission to Harvard.So the appellant is complaining because she didn't get into the school of her choice, and the evidence is that she was denied admission because of a perfectly fair admissions procedure that takes race into account in order to assure a diverse student body, but doesn't do so in order to create even (as the appellant's lawyer put it to NPR this morning) a "back door quota system."
Texas applicants are divided into two subgroups: (1) Texas residents who are in the top ten percent of their high school class and (2) those Texas residents who are not. Top ten percent applicants are guaranteed admission to the University, and the vast majority of freshmen are selected in this way, without a confessed consideration of race. In 2008, for example, 81% of the entering class was admitted under the Top Ten Percent Law, filling 88% of the seats allotted to Texas residents and leaving only 1,216 offers of admission university-wide for non-top ten percent residents. The impact of the Top Ten Percent Law on UT’s admissions has increased dramatically since it was first introduced in 1998, when only 41% of the seats for Texas residents were claimed by students with guaranteed admission.In other words, if UT was Fisher's dream, she could have simply tried again later by transferring into UT Austin from another school in the UT system. But apparently the state of the law now is that even the mention of race taints the admissions process; even the barest hint of consideration of race is too much. That is the state of play in this case, and in a case where I might have expected the appellate court to toss out the entire complaint on the grounds of standing (i.e., the plaintiff had suffered no legal injury, since she had recourse for seeking admission later. Everyone in Texas knows if you don't get into UT the first time, you transfer in next year.), the Court instead writes a lengthy opinion examining carefully the validity of race as a consideration at all. Given that it's the 5th circuit, and Patrick Higginbotham to boot, I suppose I should be grateful the Court didn't note that we have a black president now, so discrimination has ended in America and we can stop talking about race altogether.
...
Although this completes the admissions process for the fall portion of the freshman class, no Texas resident who submits a timely application is denied admission. Instead, those residents not admitted to the entering fall class are offered admission to either the summer program or the Coordinated Admissions Program (CAP). Marginal applicants who missed the cutoff for the fall class are offered admission to the summer program, which permits students to begin their studies at UT during the summer and then join the regularly admitted students in the fall. About 800 students enroll in the summer program each year. All remaining Texas applicants are automatically enrolled in CAP, which guarantees admission as a transfer student if the student enrolls in another UT system campus for her freshman year and meets certain other conditions, including the completion of thirty credit hours with a cumulative grade point average of 3.2 or higher.
"My faith is a private matter, and I do not discuss it in public. I believe in religious freedom, and do not accept the notion that secular law should enforce anyone's dogma. As far as I'm concerned, the decision to continue or terminate a pregnancy is up to the woman. Period."