Supreme Court Is Urged to Reject Michigan Affirmative Action Ban

David G. Savage, Los Angeles Times, August 30, 2013

California Atty. Gen. Kamala Harris urged the Supreme Court on Friday to strike down a Michigan voter initiative that bans “preferential treatment” based on race in its state colleges and universities, a ruling that would likely invalidate a similar ban approved by California’s voters in 1996.

These bans on affirmative action “violate the Equal Protection Clause” of the Constitution, Harris said, by “erecting barriers to the adoption of race-conscious admissions policies.”

For a second term in a row, the high court is set to consider a major test of affirmative action in state universities. In June, the court revived a white student’s challenge to a race-based admissions policy at the University of Texas. In October, the court will consider a constitutional challenge that comes from the opposite direction. Lawyers representing black and other minority students are contesting Michigan’s ban on affirmative action.

Separately, the University of California’s president and 10 chancellors filed their own brief Friday highlighting the ban on affirmative action. “More than 15 years after Proposition 209 barred consideration of race in admissions decisions . . . the University of California still struggles to enroll a student body that encompasses the broad racial diversity of the state,” they said.

In 2006, Michigan’s voters approved Proposition 2, 58% to 42%. Using the words of the California measure, the ban said Michigan’s public universities “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, college, ethnicity or national origin.”

Lawyers challenging the measure say that because it became part of the state constitution, they were deprived of the equal chance to lobby for affirmative-action policies in the state Legislature or before university officials. They say they want a Supreme Court ruling that would also wipe out the nearly identical voter-approved bans in California, Arizona, Washington, Nebraska and Oklahoma.

In November, they won an 8-7 ruling by the Cincinnati-based 6th Circuit Court of Appeals, which declared unconstitutional Michigan’s Proposition 2. It “undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change,” said Judge R. Guy Cole Jr. His opinion spoke for all eight Democratic appointees to the appeals court, while the seven Republican appointees dissented.

Michigan Atty. Gen. Bill Schuette appealed, and the court will hear arguments in the case of Schuette vs. Coalition to Defend Affirmative Action on Oct. 15.

{snip}

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  • GB101

    Aside from all the obvious things, the mind boggling Orwellian illogical claim that nondiscrimination is discriminatory, the action by the California Regents is an insult to the people of the state they serve. The people of California adopted proposition 209 and the Regents are telling their BOSSES “we don’t give a flying damn what you think, just pay our salary and leave us alone, you ignorant racist rubes.”

    • borogirl54

      Personally, I think that the PC army is upset that without AA, top universities will be filled with white and Asian students with a very small number of blacks and Hispanics. What happened to working hard to get good grades and test scores? I guess skin color triumphs over all?

      • Erasmus

        And now everyone can see what an obscene failure all this “we-are-the-world” “we-are-all-the-same” Kumbaya k-rap is.

        • Sick of it

          The “we are the world” club is trying to get rid of one particular part of the world’s population.

          • BonusGift

            Well put, unfortunately.

          • emiledurk16

            bingo

      • Nick A Siggers

        When you have a 30 point IQ deficit, working hard is not enough to catch up with Whites and Asians.
        If blax and mestizos were intellectually equal AA would be completely unnecessary.

        • Thor Bonham

          If they can’t get their IQ up to par they don’t belong anywhere near college ..
          What’s wrong with you ?
          So they let someone into college that couldn’t even pass a GED test and you expect them to be able to do the work in a college to graduate ?
          Or do you expect the college to dumb it’s self down, hurt other “bright” students and dumb down their curriculum ?

          See, this is the problem with you liberals , you never think with your head it’s always about skin color and who can’t get ahead because of it .. It’s NEVER about actually being able to do the work to get there ..

          • Nick A Siggers

            WOW!
            Go back, re-read my post and then edit yours after you figure out that you completely misinterpreted what I said.

          • Thor Bonham

            You’re right .. I did miss read .. I apologize, brother ..

          • Nick A Siggers

            No worries.

      • emiledurk16

        the funny thing about it is that if an applicant, who is black, is rejected for academic reasons, there are still many less prestigious schools to which he could gain admission, thrive, get an education, and take up the job of making a life for himself. Excuse the naivety here. We know the motivations of who I must say are our enemies.

  • borogirl54

    Equal opportunity does not mean equal access for all. Most low income minority students have academic deficiencies in either English or Math and cannot compete with other students. These students would be better off in a less competitive school where they would be able to succeed as opposed to flunking out of a selective university,

    • libertarian1234

      “These students would be better off in a less competitive school where they would be able to succeed as opposed to flunking out of a selective university.”

      Frankly, I doubt that 90% of them could competently learn the course material anywhere without AA in grading also.

      A professor admitted a while back that, “We’re expected to pass X number of black students whether they’re qualified or not, and if we don’t we’re called before the administration to answer for it.”

      • borogirl54

        They could go to an HBCU and get a degree there. Those people will bend over backwards to make sure that no one flunks out.

  • Don’t you get it? Minorities do not care if Michigan is the absolute lowest performing school in the country as long as it’s all black. The white people of Michigan are too passive in trying to stop these quotas from continuing. They are so far gone, they probably cheered when they read this article, and honestly believed that is a good thing for them.

    • Erasmus

      When I see how people give Obama a pass, I realize that they don’t evaluate him as president holding him to the same standards as Bush, Clinton, Reagan and Carter. They evaluate him as a black president, putting him in the same class with Marion Berry, Harold Washington, David Dinkins and other black politicians.

      Even my leftie friends are starting to realize that if you want competence for a job, you’d probably better not choose a black man.

      • Thor Bonham

        You have leftie friends ? Why bother ? Too much of a headache to explain things to them ..

      • BonusGift

        I can’t find the reference (the study has probably been destroyed and all the people associated with it killed) but I recall a study done on grading essays (which admittedly can be a rather subjective thing at the margin). In one go around they gave a set of teachers essays they were told were written by a group of students and asked them for a grade (anonymous students in that go around), and in the next they indicated to the teachers the race of the student (race was randomly assigned but the teachers didn’t know that). Long story short, they found that white teachers inflated the grade of “black” students by more than one full grade (e.g., a C- turned into a B, etc.) and I don’t think the black teachers changed much from the first run (i.e., regardless of the indicated ‘race’ of the student). In short, there was an exceptionally strong and pervasive tendency to strongly inflate black grades because of white guilt (or whatever reason) that black teachers did not engage in (nor do I recall the black teachers penalizing YTs’ grades when they knew it was a YT). For most whites these days it is near impossible not to try to bump up blacks way beyond their level of true competence; Barry Soetoro being just one classic example of this.

        • Erasmus

          Very interesting but not the least bit unexpected.

          It’s the sad truth that when a black student speaks standard American English instead of ghetto, something we expect white people, East Asians and people other than Latinos automatically to do, it’s a red-letter day.

          It’s the soft bigotry of low expectation. But, DeLooshus and Kyreesha are happy to take the patronizing pat on the head because their stock has been conditioned for generations to reach for the low hanging fruit and if they can’t reach it, to take it by hook or crook from someone else.

  • dd121

    This is the primary reason I hate liberals.

    • Here is your half black, half Asian Affirmative Action skank right here:

      • Bon, From the Land of Babble

        Would you give a warning before posting something so hideous?

        That also goes for anybody thinking about posting photos of Moochelle Obama.

        It’s far too early in the morning for me to be looking at THAT!!

        Bon

  • bigone4u

    The Holy Grail for the anti-white progressives is proportional representation in everything. So, if blacks are 50 percent of a city’s population then 50 percent of the professors at the local university and 50 percent of the doctoral students must be black or else there is illegal discrimination that only AA can cure. I sometimes wonder if the real Holy Grail for them is to turn the USA, with its “evil racist past,” into a third world country because that’s where AA is taking us.

    • Rick Brooks

      Women are about 50 percent of the population and they’re no where near half of all firefighter and police officers… bring that up to the libtards when they mention proportional representation, not that you can logic with these people. They’ll probably start screeching about “sexism” even though any sane person with half a brain knows that biology accounts for male-female disparities in those particular occupations.

      • Sick of it

        They’re still pushing women into combat positions.

        • What about male Kindergarten teachers and day care workers?

          • Sick of it

            I’ve never known any, so no clue. It does amuse me that so many men are becoming nurses today. Even when I was a kid the vast majority of nurses were women. Of course that is one of the few paying professions hiring in America today.

        • maxsnafu

          Great. Send them to the front.

      • Texan1st

        Half of the NFL, NHL, NBA and MLB should be women as well.

    • Bobbala

      That’s not how it works in Atlanta … 50% of the population should have 99.9% black representation.
      Isn’t that how it works in Africa too?

    • BonusGift

      Your right; but you “wonder”? Isn’t it obvious?

  • Spartacus

    Someone should make an all-White university. You can have my slogan for free – “A University made for the people who invented Universities” . Sound right to you guys ?

    • FormerlyEdNY

      Sounds right by me!

  • FormerlyEdNY

    My guess is the SCOTUS will once again affirm that discrimination against Whites is the law of the land. I hope they will prove me wrong.

  • sbuffalonative

    Is a ban on affirmative action alleged discrimination against blacks or alleged discrimination against those of lower IQs?

    • Spartacus

      What’s the difference ?

  • Kamala Harris is charged with enforcing California Proposition 209, just remember that.

    How that law still has teeth in Kowleyfourneya is beyond me, but according to Bon, it still does.

    • Bon, From the Land of Babble

      Since the passage of Proposition 209, higher graduation rates have been posted at University of California schools

      The U.S.’s uber-lefty, most overturned court, the 9th Circus Court of Appeals has upheld Prop 209:

      On 2 April 2012, the 9th U.S. Circuit Court of Appeals rejected the latest challenge to Proposition 209.

      California’s Supreme Court has twice deemed Prop 209 constitutional:

      On 2 August 2010, the Supreme Court of the state of California found for the second time that Proposition 209 was constitutional.The ruling, by a 6-1 majority, followed an earlier unanimous affirmation of the constitutionality of Prop. 209 by the same court.

      Without Prop 209, the UCs would lose their rankings as #1. UC Berkeley and #2. UCLA in USNWR Best Public Universities.

      I maintain it’s feigned outrage to appease their lefty base and race mongers. As I’ve told you, these lefties are hard right and ALL BUSINESS when it comes to protecting THEIR territory.

      Bon

      • GeneticsareDestiny

        I wonder how white leftists feel about the large Asian presence in UC Berkeley and UCLA. Do they not mind, do you think, or would they prefer the Asians not be there?

        I know most whites prefer to be around their own race, but elite white liberals are somewhat inscrutable to me.

        • Bon, From the Land of Babble

          They see Asian race-replacement at the UCs as a part of the destruction of the White Race and are 100% for it — and that’s why they are A-OK with a large Asian presence — anything but White.

          They’ll do anything they can to destroy the White Race, which is their Prime Directive.

          Bon

          • Thor Bonham

            Yes, even being white themselves .. They hate the color of their own skin ..

      • SFLBIB

        Thanks for the history of Prop 209. I knew it had passed court muster; however, the UC administration has been ignoring it. In fact, they have even interpreted it to mean MORE affirmative action in hiring and admissions. Heather Mac Donald has done several articles on UC’s refusal to follow the law.

        “Affirmative Action Showdown”
        archive[dot]frontpagemag[dot]com/readArticle.aspx?ARTID=390

        “How UC Is Rigging The Admissions Process”
        latimes[dot]com/news/opinion/la-oe-mac_donald-2008sep07,0,1237273.story

        “Multiculti U.”
        city-journal[dot]org/2013/23_2_multiculti-university.html

        • Bon, From the Land of Babble

          To do an end run around Prop 209, the UC introduced “comprehensive review” — which takes into account the impact of parents’ education, family income and other socioeconomic factors. UC also revised its eligibility index for admissions giving 3/4 of the weight to high school GPA and only 1/4 to standardized tests.

          This was to diminish the value of the SAT and ACT because heavy dependence on standardized tests eliminates almost all blacks and Mexicans.

          I agree with blogger educationrealist who writes:

          Require four Subject tests: English Lit, Math 2c, American History, and a Science. Dump the SAT, dump or devalue grades.

          As I told QD: it’s only a matter of time before demographics in California are such that the Supreme Court will be either majority mexican or mexican and Asian — both groups are pro-AA and anti-Prop 209.

          The Pacific Legal Foundation in California has done a yeoman’s job of battling cities, the UCs and CalTrans that continue to violate the tenets of Prop 209.

          http://www dot pacificlegal dot org/home

          Bon

          • SFLBIB

            Good info. I would think that Asians would be the last group to favor AA since they do so well with grades and tests.

            Do you know if the UC has released statistics on its graduation rates of those admitted under AA?

  • Erasmus

    Many of the same players who argue that sexual preference is genetically determined would never admit that intelligence and cognitive ability are genetic.

    I’m certain that deep down they know they’ll never bring-up the mean IQ of African-Americans or Latinos. But, that’s not important. What’s important is that it’s an issue that gives them, race-baiters and other lefties political leverage.

    • Sick of it

      It’s fairly obvious that any “gay gene” would have been wiped out ages ago simply from a lack of procreation.

  • LudwigvonDrake

    The idiots that are graduated from leftist academia will continue on to populate the phony black middle and upper classes. They will need, however, continued insulation from the free marketplace and will therefore find work in the BRA (black run America) government sector. As such, they will continue to be net consumers of wealth rather than creators of wealth.

    • BonusGift

      Bingo, nail meet hammer.

  • Sick of it

    If the Supreme Court supports Ms. Harris on this one, it’s time we admit that we no longer have a Supreme Court, just radical criminals who have taken the government away from the people and routinely violate the Constitution.

    • Bon, From the Land of Babble

      just radical criminals who have taken the government away from the people

      That was blatantly obvious after SCOTUS passed obamacare.

      Bon

      • Sick of it

        Technically one could say the same about Roe v. Wade, as an action traditionally considered either murder or manslaughter became some sort of right.

  • Dave4088

    The SCOTUS will devise some weasel words and pretzel logic to strike down the Michigan AA ban. Things won’t change until this alien controlled multiracial cesspool of a nation collapses of its own dead weight.

    • BonusGift

      Unfortunately, I think you are correct.

  • disqus_Xz3UA6obwj

    A racially blind playing field scares the hell out of the liberals.

  • Bon, From the Land of Babble

    California Atty. Gen. Kamala Harris urged the Supreme Court

    Thank God for Kamala Harris who had the wisdom and power to demand that my California tax dollars be used to fight against silly, joke coffee mugs!! Leftist like AG Harris are deathly afraid that SOMEONE, SOMEWHERE might be having fun.

    requesting Urban Outfitters immediately cease sales of your ‘Prescription Line’ of glasses, coasters, mugs, drink holders and related products that mimic prescription pill bottles and prescription pads.

    These products are not in any way fun or humorous but make light of this rampant problem.

    I feel better now because my AG, Kamala Harris, has made California so much safer.

    This and the AA case above should get this humorless, meddlesome tyrant the governor’s seat after Gerry Brown and following that…The White House.

    Bon

  • MBlanc46

    This is just a fun-house mirror version of what “equal protection” means. This people are absolutely shameless.

  • willbest

    Pretty sure the pro discrimination crowd had equal protection before the law when they had the opportunity to petition, speak, assemble, and vote on the constitutional ban on discrimination. Apparently 8 judges in this court of appeals need to be executed for treason.

  • prunepit

    Not long ago a Middle Eastern UCLA student complained that she was classified as white and as a consequence lost out on the many oppportunities only available to racial/cultural minorities. In other words it is a disadvantage to be a native born, white Californian at the University of California.

    • GeneticsareDestiny

      It is a disadvantage to be a native born white at almost any college in the nation. One of the few I can think of where it isn’t is Hillsdale, which had to stop accepting any federal money (including student loans) to get the government off its back about its race-blind admissions process.

      • IstvanIN

        I thought student loans went to the student, not the college?

        • unadorned

          The student loan is so the student can pay for college tuition. So, of course, the money goes to the college.

  • NM156

    So the people of Michigan vote to amend the state constitution, but that process preempted minorities’ lobbying efforts? Guess downtrodden minorities just can’t function in a modern democracy, no matter what, and require special, extra-Constitutional concern.

  • proudwhitegirl

    Non-whites who are not able to compete on merit in job markets or in academia have no business being hired or selected for enrollment. Period.

    • LIBERTYSINCURSION

      Exactly, and that doesn’t go for just non whites either. If a white person can’t meet the necessary requirements to hold a position in the work force or an entrance into an educational institution. They should not, and are not given that position. What kills me is all the asinine people out there, mostly blacks of course. Who try to argue that giving preferential treatment to someone, or denying others equal treatment simply because of their race is somehow not discrimination. Which is of course text book discrimination, the same form of discrimination that the civil rights act, if I remember correctly specifically bans. The hypocrisy is truly stunning, and truly revealing of the fact that most blacks don’t have a problem with racial discrimination. Just so long as that discrimination is benefiting them.

  • proudwhitegirl

    I couldn’t agree with you more.

  • Bon, From the Land of Babble

    Multiculturalism = White Genocide.

    But then, that’s the point.

    Bon

  • Spartacus

    As an eastern European, I can tell you that’s not the case unfortunately… There’s tons of them coming to study here from central Asia, the middle-east, and to a lesser extent Africa .

  • Allan477

    To repeat something I have said before: Affirmative action means the pampered daughter of a black multi-millionaire gets thirty extra points on her college acceptance score that are denied to the hard-working son of a white waitress and single mother.

    • Some Guy

      A lady in our office shared her college experience with us once. She went to a University in IL and her roommate was black. The black girl came from a well off family, her dad owned several grocery stores. She received free tuition, free books and housing, all because of the color of her skin. While this lady (white) came from a working class family and had to work in the cafeteria to make ends meet. The black girl threw this fact in her face and laughed about it all the time. What a upside-down world we live in when the needy who just happen to be White don’t get one dime of help. I guess she was supposed to pay for her college with her White Privilege.

  • Texan1st

    If universities support affirmative action and they control the admissions process, who exactly are they claiming is discriminating against blacks and latinos? Themselves? Makes no sense!

  • BonusGift

    Hasn’t that been clear for several decades?

    • SFLBIB

      “How could anyone in their right mind think that a law specifically forbidding preferential treatment due to race is racist in any way?”

      A better question is, “How could anyone in their right mind think that a law specifically forbidding preferential treatment due to race is going to be obeyed?”

      The UC system has been ignoring CA’s Prop 209 ever since it was passed.

  • BonusGift

    The point is that there is a filter. Ergo, if you don’t inflate the grades of and/or pass certain failing students with darker shades you no longer work at university. In short, there no longer is anyone to stand up, as their cultural Marxist colleagues have already largely eliminated their ‘racist’ colleagues.

  • Wayne

    You mean like they were dropped on their heads as infants or something?
    It is either genetic or a choice.

  • maxsnafu

    This is a waste of time. Affirmative Action is here to stay.

  • emiledurk16

    “How could anyone in their right mind think that a law specifically forbidding preferential treatment due to race is racist in any way?”
    because in their warped mind it’s racist in that if they use a meritocracy their protected groups would not fare well.

  • Evette Coutier

    We can no longer depend on the SCOTUS to defend the Constitution nor preserve justice in America. We will have to seek it elsewhere.

  • unadorned

    What the freaks believe is that it is impossible to overcome poverty if your great-great-great grandfather was a slave. Don’t you know they will need a leg up (aka affirmative action) for at least 1,000 years to overcome the disadvantages thrust upon them by white racism.

  • Reverend Bacon

    While many of us simply roll our eyes here and say, “that’s just liberals being liberals,” someone (a lawyer, I think; I am not one) needs to create an Amicus Curie briefing against this stupidity.
    In addition to the obvious zero-sum game that Bakke talked about (Regents of the University of Ca vs. Bakke), there’s the fact that when you admit stupider people, the nature of the education changes for everyone. Make the average IQ of a classroom drop from, say, 120, to, say, 105, and you are going to have to change what is taught. And if in some classes, they don’t teach to the average but to the left tail, you’ve transformed Berkeley into a special education class.
    Or, you might argue, the stupid people who got in because of the color of their skin will all take black studies and remedial English, and they won’t be dumbing down the Quantum Physics and Linear Algebra courses for everyone else. The liberal English professors, who no doubt favor AA, won’t mind switching from Shakespeare to Dick and Jane, because they just want to help. Aha! That’s called, “Separate but equal.” The Supremes already struck it down in 1954; if they de facto reinstate it, they look foolish.

  • IstvanIN

    That is just wrong since it is the student who pays back the loan not the school.

  • Bon, From the Land of Babble

    YES!! I read about that last week — and submitted that story to American Renaissance but they didn’t run with it. I thought it would be a good article to show how evil and nefarious Common Core is.

    Bon