Posted on 06/24/2013 7:27:34 AM PDT by SMGFan
We have a new form of government: PUNT and PASS
They expect us to just sit down and enjoy the game.
As a lawyer I don’t particularly like the way they did this.
However, being clear that STRICT SCRUTINY shall apply in affirmative action (AA) cases is nearly tantamount to striking down AA.
Courts ever since Bollinger have been simply rubber stamping AA programs rather than applying the Constitutional standard for restricting fundamental rights.
That is about to change.
The bottom line though is that it will still end up right in the laps of the same justices who will promptly be asked to determine whether these racially discriminatory policies survive strict scrutiny.
Then we will see the 5-4 decision (depending on the court’s composition when that time comes.
In that regard this is a punt.
On another note, I wish they would make clear that gun control laws are subject to STRICT SCRUTINY!
Lower courts (with some exceptions) are getting away with murder as it pertains to applying (more like failing to apply) Heller and McDonald.
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