I am mickle in my wroth, but Justice Jackson is right.Footnote 103 of Justice Jackson’s dissent:https://t.co/o3UNjEAtWF pic.twitter.com/uu2iiFN0LK
— Steve Vladeck (@steve_vladeck) June 29, 2023
So is Justice Sotomayor.The end of Justice Sotomayor’s dissent:https://t.co/o3UNjEAtWF pic.twitter.com/677qZf2kPt
— Steve Vladeck (@steve_vladeck) June 29, 2023
A 5-3 decision, because while she filed a dissent, Jackson recused herself from the hearing or decision of the case. CJ Roberts protects white people from America’s hidden wound. Sotomayor points out those days are over (“How long, O Lord, how long?”). Justice Thomas hates black people.Here's the ruling: https://t.co/o3UNjEAtWF
— Steve Vladeck (@steve_vladeck) June 29, 2023
Critically, it does not end *all* race-based affirmative action, but it *severely limits* how universities can consider race in admissions decisions.
Remain at status quo ante, IOW. Quelle surprise.
N.B. in response to rustypickup: MSNBC noted that, at oral arguments, Roberts rebuffed an argument from Harvard Law School on the analogy that the Civil War was fought to end racism(basically). It’s as white a privilege argument as I’ve ever hear.
I’ll have to read the opinions. I’m sure it’s in there somewhere.
At 237 pages it will take time to work through all the decisions. A quick scan of the dissent (I believe J. Sotomayor) gleaned this summation. "Ignoring race will not
ReplyDeleteequalize a society that is racially unequal. What was true
in the 1860s, and again in 1954, is true today: Equality requires acknowledgment of inequality. "
The push against CRT is this, a refusal to acknowledge inequality. A quick glance at the majority opinion confirms what I had expected, Brown as a shield to attempt to claim some high ground. I expect Creative 303 will be more of the same, here was "equality" to advance inequality, there will be "freedom" to advance discrimination.