The Robert's Court talks out of both sides of their mouths. In one breath they state the court should not legislate and they use that ideology over and over to justify their dismantling of USA law.
...The court will now almost certainly (click here) issue separate opinions in the two cases, though it is possible that the challenge to the University of North Carolina case will do most or all of the heavy lifting and that the Harvard opinion will say little more than that the appeals court’s ruling is affirmed or reversed for the reasons stated in the U.N.C. case....
In this case there exists legislation for a very long time. There has also been subsequent legislation. The latest being October 19, 2022 (click here).
The Robert's Court is actively dismantling the legislature. They are taking apart the law of the land and they think nothing of it.
The interpretation of Brown has also had major impacts on admissions at the K-12 level. When the court invalidated a voluntary integration effort in Seattle public schools in 2007, Justice Roberts wrote that limiting how race could be used as a factor in admissions was “more faithful to the heritage of Brown.” He memorably added that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
That is double speak. It also sounds a great deal like the nonsense that comes out of the Federalist Society that distains discrimination as a factor in any form of law.
In this particular case Ronald Dworkin is god to the Federalists. Dworkin talks about the "philosophy" of law and the fact certain forms of law are undesirable as it takes away societies right to be it's own decision maker about discrimination on any level.
Dworkin denies that there can be any general theory of the existence and content of law; he denies that local theories of particular legal systems can identify law without recourse to its moral merits, and he rejects the whole institutional focus of positivism (click here).
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
April 17, 2021
By Anemona Hartocollis
Relying on philosophers or a particular philosopher as a basis for judicial decisions erases the USA Constitution and replaces with anarchy. At least anarchy short of murder. When it comes to bodily harm the Robert's Court finds that wrong, but, so did God in the Ten Commandments.
The legislature of the USA is elected to carry out writing of bills that will pass into law. The only entity it relies on to write those bills is the Parliamentarian, who by the way relies on stare decisis in assisting in the wording of the bills that will pass into law.
There is no Dworkin sticking his nose into the USA legislature to influence the words used in bills or to negate words vital to stating what will become a law. Yet, the Robert's Court is using the Dworkin form of anarchy to erase the influence of law in our democracy and instill society as the real judge of what is legal and what is not. That is a method of returning to the Dark Ages where the only other authority to any laws was the church.
The Federal Society is seeking to undermine the American democracy and in it's place put a form of anarchy that simply doesn't care if their is racism, bigotry or discrimination in aspect of society, hence, enforcing oppression.
Theories such as this is not supposed to be the over riding factor in DEMOCRACY.
The Robert's Court are not anchored to the USA Constitution so much as their own political preferences developed in part by the Federalist Society that would turn the USA Democracy into a theocracy where by only Christians existed in this part of North America.
The United States of America started as an idea that would remove tyranny from the land and set governance that would be taken to mean FOR CENTURIES all the people were to have one vote as a voice as well as the same opportunity to thrive within these borders. The USA Constitution is it's OWN PHILOSOPHY and no others should impose alien values to the truths we base our lives in under the law.
By Anemona Hartocollis
...At the University of California, Los Angeles, (click here) freshman applications rose by 28 percent, and even more for racial minorities — by 48 percent for African-Americans, by 33 percent for Hispanic students and by 16 percent for American Indian students.
The easing of the reliance on standardized tests, which critics say often work to the advantage of more educated and affluent families who can afford tutors and test prep, was most likely the most important factor in encouraging minority applicants.
Only 46 percent of applications this year came from students who reported a test score, down from 77 percent last year, according to Common App, the not-for-profit organization that offers the application used by more than 900 schools. First-generation, lower-income, as well as Black, Hispanic and Native American students were much less likely than others to submit their test scores on college applications....
The easing of the reliance on standardized tests, which critics say often work to the advantage of more educated and affluent families who can afford tutors and test prep, was most likely the most important factor in encouraging minority applicants.
Only 46 percent of applications this year came from students who reported a test score, down from 77 percent last year, according to Common App, the not-for-profit organization that offers the application used by more than 900 schools. First-generation, lower-income, as well as Black, Hispanic and Native American students were much less likely than others to submit their test scores on college applications....
I suppose if a person is a member of those of the 77 percent that weren't admitted to a choice university, then they feel cheated. That is no reason to dissolve Affirmative Action. Quite frankly, it is the reason to uphold Affirmative Action.
I swear as soon as minorities of brown and black skin find success in the USA there are always people aggrieved at their success to attempt to end it.
Racism in this country needs to die. There should be no other loyalty to any outcome of law or judicial decisions.
