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Supreme Court punts on affirmative action case
Yahoo News ^ | June 24, 2013

Posted on 06/24/2013 7:27:34 AM PDT by SMGFan

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To: fwdude

We have a new form of government: PUNT and PASS

They expect us to just sit down and enjoy the game.


21 posted on 06/24/2013 11:13:11 AM PDT by A'elian' nation ("Political Correctness does not legislate tolerance; it only organizes hatred." Jacques Barzun)
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To: apillar

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.


22 posted on 06/24/2013 12:11:05 PM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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