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Michigan Affirmative-Action Ruling A Short-Lived Fight Against The Tide [Good News]
Forbes ^ | November 16, 2012 | Daniel Fisher

Posted on 11/17/2012 6:08:04 AM PST by SoFloFreeper

The federal appeals court decision striking down a statewide referendum banning affirmative action in Michigan universities likely represents the last gasp of a dying legal theory: That minority groups are entitled not just to equal protection under the laws, but special measures designed to correct past discrimination.

... the majority on the Sixth Circuit Court of Appeals in Cincinnati resorted to an extreme interpretation of two U.S. Supreme Court cases that themselves are showing signs of wear. The decision by the full 15-member panel drew strong dissents from judges...

The majority’s holding may soon become moot, anyway. The U.S. Supreme Court may end all racial preferences in college admissions when it hands down a decision in Fisher vs. the University of Texas later this year.

(Excerpt) Read more at forbes.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: Michigan
KEYWORDS: racism
Apparently the voters of Michigan voted to STOP the racism that gave some people preferential treatment, but the clowns at a federal court think they can write laws that contradict the will of the people.

The article explains why this court ruling will likely be overturned.

1 posted on 11/17/2012 6:08:17 AM PST by SoFloFreeper
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To: Springman; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; madison10; ...
It is an insane ruling anyway that basically says beating them at the ballot box is unfair.

(earlier thread)US Court Strikes Down Michigan Affirmative Action Ban

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2 posted on 11/17/2012 6:12:15 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: Springman; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; madison10; ...
It is an insane ruling anyway that basically says beating them at the ballot box is unfair.

(earlier thread)US Court Strikes Down Michigan Affirmative Action Ban

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3 posted on 11/17/2012 6:13:15 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: SoFloFreeper

The left CAN’T let racial privileges end! Their whole goal is to create a permanent, unhappy, angry underclass that will make their march to communism easier.

Holding everyone to the same standards would disprove their lie that all Whites are racists.

Race-based preferences are essential to the leftist world view. They aren’t letting go of them any time soon.


4 posted on 11/17/2012 6:15:56 AM PST by I want the USA back (Affirmative action is illegal, unconstitutional and morally wrong.)
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To: I want the USA back
"Race-based preferences are essential to the leftist world view. They aren’t letting go of them any time soon."

Where would Barry be without his status as a foreign born minority of the Muslim faith. That's how he got into Occidental, and the rest is history.

There's no need to demonstrate performance by those in specially designated classes before they're ushered into the halls of statist power and wealth.

5 posted on 11/17/2012 6:31:16 AM PST by uncommonsense (Conservatives believe what they see; Liberals see what they believe.)
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To: SoFloFreeper

Anti-white racism is the lynch pin of the left, its even their key to the sacred treasury. Doubt me then go to kos for their anti-white screeds which show up in nearly every thread.


6 posted on 11/17/2012 6:35:36 AM PST by junta ("Peace is a racket", testimony from crime boss Barrack Hussein Obama.)
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To: SoFloFreeper
The Akron case involved a law that made it hard for minorities to protect themselves against discrimination, not to seek preferences.

I see a Traitor-Not-My-Job Roberts special ruling in our future.

It's a tax. It's a penalty. It's a fee. It's a tax.

Whatever they blackmailed Traitor John with is still out there. I would expect him to be the same sniveling weasel he is now and make up law with the four leftist judges to support affirmative action.

Otherwise he might have to miss a cocktail party with the Kardashian Kelleys. The price would be too much to bear.

7 posted on 11/17/2012 6:36:51 AM PST by Smokeyblue
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To: Smokeyblue

I certainly wish the damnable law had been overturned. Looking at the glass half-full, though, I think Roberts’ ruling also did not please the leftists.

Calling the mandate a TAX leaves it wide open, it seems, to any future Congress and President to CUT TAXES by getting rid of the mandate.


8 posted on 11/17/2012 6:51:47 AM PST by SoFloFreeper
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To: SoFloFreeper
From the earlier thread.

In an 8-7 decision, the court said the 2006 amendment to the Michigan Constitution is illegal because it presents an extraordinary burden to opponents who would have to mount their own long, expensive campaign through the ballot box to protect affirmative action.

Basically they claimed that it was unfair that the poor folks who lost at the ballot box only lost because they didn't have the means to oppose it. The reality is that the primary opposition was BAMN (By Any Means Necessary) a well funded international activist group.
9 posted on 11/17/2012 6:52:55 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: cripplecreek; Smokeyblue

Thanks for the ping; post. All one has to do is to look at the individual members of the “Supreme” Court and consider what collective advanced/advocated their ascendancy, and the rulings of the others who were not so obvious.

I rest my case BUMP!


10 posted on 11/17/2012 6:55:15 AM PST by PGalt
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To: SoFloFreeper

Oh please. Spare me the Roberts did us a favor routine.

It’s sickening.

You’ll be in the gulag spewing that line.

He did us no favors.


11 posted on 11/17/2012 6:55:39 AM PST by Smokeyblue
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To: SoFloFreeper

The appellate court ruled that the amendment to the Michigan Constitution disallows minorities access to a political process...it goes back to a footnote in Carolene Products...a case heard in the late 1930s. That case implied that blacks in the South had no access to voting and peer representation in government...it was the beginning of the movement to turn the Court into a grand legislature.


12 posted on 11/17/2012 7:06:27 AM PST by kjo (+)
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To: I want the USA back
By 2019 half the children 18 and under will be minorities as classified by the USG and by 2042 half the country will be minorities. It is becoming ludicrous that an immigrant from Mexico or Haiti or South Korea can step on to US soil and be the beneficiary of affirmative action and minority business set asides. What past injustices did they suffer?Or why should Obama's daughters receive special privileges? Discrimination is wrong whether it is done by individuals or the government.
13 posted on 11/17/2012 7:21:41 AM PST by kabar
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To: SoFloFreeper
I agree with you about future congresses getting rid of the tax, but Roberts could've eliminated it right now.

As for affirmative action. Everyone should list themselves as "African American". Anthropologists claim the mankind originated in Africa and migrated out, so this is somewhat true.

14 posted on 11/17/2012 7:33:08 AM PST by The Sons of Liberty (Remember the Heroic SEALs of Benghazi and DEMAND a Full Accounting!!!!)
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To: All

The person who profits from this law will complain bitterly, defending his acquired rights.

Do not listen to this sophistry by vested interests. The acceptance of these arguments will build legal plunder into a whole system. In fact, this has already occurred. The present-day delusion is an attempt to enrich everyone at the expense of everyone else; to make plunder universal under the pretense of organizing it.

Sometimes the law places the whole apparatus of judges, police, prisons, and gendarmes at the service of the plunderers, and treats the victim — when he defends himself — as a criminal. In short, there is a legal plunder...

Bastiat - The Law


15 posted on 11/17/2012 7:56:20 AM PST by PGalt
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks SoFloFreeper.
The U.S. Supreme Court may end all racial preferences in college admissions when it hands down a decision in Fisher vs. the University of Texas later this year.
Bad news -- even if true (and it sounds like a howler to me) it means the only preferences in education, who gets gov't largesse, and who gets a job, will be not in your favor, what with you being a minority and everything.


16 posted on 11/17/2012 8:25:50 AM PST by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: Smokeyblue

I did not say what you imply I said.


17 posted on 11/17/2012 8:39:39 AM PST by SoFloFreeper
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To: SoFloFreeper

Well then I apologize to you.

I just remember the voluminous posts and threads by Roberts supporters after his wholesale shredding of the Constitution.

We were all supposed to understand what a great gift Roberts had supposedly given to us.

I have no patience for that line of BS.


18 posted on 11/17/2012 8:47:52 AM PST by Smokeyblue
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To: SoFloFreeper

“The U.S. Supreme Court may end all racial preferences in college admissions when it hands down a decision in Fisher vs. the University of Texas later this year.”

If this particular case is really that important, watch for the left to offer a cash bribe to Mr. or Ms. Fisher to withdraw the case so it won’t be heard (and hence, won’t be decided).

This is EXACTLY what the left did with the Taxman v. Piscataway School System case some years back. I’m sure most in this forum have forgotten, but Sharon Taxman was a teacher in the Piscataway (NJ) school system who was passed over for a position which was instead given to a black teacher. But the school made the mistake of telling Taxman the truth, that the black teacher was awarded the position because she was black.

This was as “cold as they come” a case before the Court for ending affirmative action in America, and the left knew it. The left knew they were going to lose.

Their “solution” was to offer Ms. Taxman $480,000 to withdraw her case before it could be heard. She did (as it happened, her lawyer had already bought a $2,000 suit for his oral arguments before the Court). She had the opportunity to strike a blow for equality before the law — a case that would make history — and she “sold out” for the cash.

If the Fisher case is that ironclad, I wouldn’t be surprised to see this happen a second time.

Also, I believe that somehow Chief Justice Roberts was “gotten to” by the administration thugs to switch his vote on ObamaCare (there may have been problems in his past, particularly concerning the adoption of his children, that he didn’t want made public). Perhaps the Obammunists will remind him that he still “owes them” on this case, as well.


19 posted on 11/17/2012 9:07:49 AM PST by Road Glide
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To: Road Glide

Michigan Attorney General Bill Schuette is already preparing to take this to the supreme court if he has to.

>>Attorney General Bill Schuette today announced his intention to file a petition of certiorari with the U.S. Supreme Court to appeal a split 8-7 en banc ruling by the U.S. Court of Appeals for the 6th Circuit that overturned Article I, Section 26 of the Michigan Constitution, otherwise known as the Michigan Civil Rights Initiative (MCRI). <<

http://michigan.gov/ag/0,4534,7-164-46849-289965—,00.html


20 posted on 11/17/2012 9:17:04 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: Smokeyblue

My original statement expressed disdain and a wish for the whole thing to have been repealed.

Some reports even stated that Roberts had originally sided with Scalia & Company. But for some reason, CJ Roberts wanted to “split the baby”...

At least with his assertion that the thing is a tax, and not a Congressional exercise of the commerce clause, there is some hope of a turn around.

I totally agree it would have been best to have a complete and utter revocation.


21 posted on 11/17/2012 9:26:20 AM PST by SoFloFreeper
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