MURDER, POLITICS, AND THE END OF THE JAZZ AGE
by Michael Wolraich
Order today at Barnes & Noble / Amazon / Books-A-Million / Bookshop
MURDER, POLITICS, AND THE END OF THE JAZZ AGE by Michael Wolraich Order today at Barnes & Noble / Amazon / Books-A-Million / Bookshop |
Good for Justice Sotomayor, taking on Chief Justice Roberts and his views on race, and how he meshes that with constitutional jurisprudence. In short, in her dissent to the Michigan affirmative action decision written by Justice Scalia, Sotomayor reminds the world that Roberts in a 2007 decision expressed the street corner view that so-called "reverse" racism is worse than the racism that continues to create a permanent underclass of African Americans.
CJ Roberts is the right target -- Scalia is old and immovable, Thomas is younger but equally immovable, but Roberts is that ever-dangerous fist in the velvet glove. He is the man who, I still say contrary to many of my progressive colleagues, threatens to eliminate the entire constitutional underpinning of social welfare legislation since the New Deal. That is the effect of his extraordinarily narrow (and hardly judicial in a conservative sense of the word) decision on the ACA, in which he upheld the law based on the Taxation Clause, but only after determining that the Commerce Clause (granting Congress to regulate interstate commerce) could not be applied to the American medical industry (even though our elected representatives passed a law based in part on their determination that every American will eventually use the American health care system, i.e. every American is a consumer of medical care, an interstate industry under any definition of interstate commerce in the last 85 years or so).
Affirmative action has lots of warts, but hardly as many warts caused by the nagging and persistent effects of five centuries of slavery, Jim Crow, and everything in between. What patent nonsense, and dangerously so. These conservative judges are more activist than any liberal court we've ever witnessed.
Comments
Clarification--I've not gotten past the case summary yet, but Justice Kennedy read the decision based on his opinion, to which Chief Justice Roberts and Justice Alito joined. Justice Scalia wrote a concurring opinion, to which Justice Thomas joined, and then the Chief Justice wrote his own concurring opinion in response to Sotomayor's pointed critique. That's the majority in this case.
by Bruce Levine on Tue, 04/22/2014 - 7:56pm
Interestingly, Justice Breyer also concurred because he found that Michigan voters could trump unelected university officials in effecting state policy on affirmative action.
by Bruce Levine on Tue, 04/22/2014 - 9:48pm
Here's the Times lead piece:
Kennedy's plurality opinion is a narrow one, focusing on the right of the Michigan voters to make policy on affirmative action:
Sotomayor's Equal Protection point is that the restriction on race based considerations must be compared to other students who get preference for reasons other than objective merit:
by Bruce Levine on Tue, 04/22/2014 - 10:01pm
Good for Sotomayor. I hope she continues to be a thorn in his side. He is out of step with the country. These are only short term victories for his white privileged class. These rulings of his are not going to stand the test of time. The GOP can't seem to hold their party together and won't do well in 2016. He could very well be in the minority sooner then we expect.
Thanks for posting this.
by trkingmomoe on Tue, 04/22/2014 - 11:41pm