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  • The Way to Stop Discrimination Is to Stop Discriminating

    In what is most likely a positive development, the Supreme Court has granted certiorari in Fisher v. University of Texas, a lawsuit filed by Abigail Fisher, whose application to UT Austin was rejected in 2008.

    As I explained in an article at National Review, Fisher would almost certainly have been accepted if she were black or Hispanic because of the racial discrimination policies of the University of Texas. Hundreds of colleges use the same type of “preferences” that UT Austin implemented, in which admissions officers consider an applicant’s skin color and ethnicity—an immoral and unjustified practice that was unfortunately sanctioned by the Supreme Court in 2003 in Grutter v. Bollinger.

    The Grutter decision written by former Justice Sandra Day O’Connor was indefensible, but fortunately, O’Connor has been replaced by Justice Samuel Alito. Also, Justice Elena Kagan is recused, because she approved the filing of an amicus brief in the Fifth Circuit Court of Appeals in this case that supported the university’s discriminatory admissions policy when she was still the Solicitor General at the Justice Department.

    When UT’s previous discriminatory policy was thrown out by a federal appeals court in 1996, Texas implemented its “top 10 percent” rule for admissions to the state college system. That rule led to diverse enrollment at UT Austin and minority students with higher grade point averages and better retention rates. Despite that success, UT Austin re-implemented race-based admissions the day the Grutter decision was announced.

    The Supreme Court’s acceptance of the Fisher case, in which lower courts upheld the race discrimination practiced by UT Austin against Fisher and other students, gives the Court the opportunity to overturn or significantly narrow the wrongly decided Grutter decision. It can finally put an end to the pernicious “preferences” (blatant racial discrimination) practiced by colleges and universities that violate fundamental principles of equal protection.

    As Chief Justice John Roberts said in a 2007 case, the “way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Here’s hoping that is exactly what the Supreme Court forces Texas to do.

    Posted in Legal [slideshow_deploy]

    10 Responses to The Way to Stop Discrimination Is to Stop Discriminating

    1. The liberal, regressive fascists have struck again. That is, THEY LIE and they do it most effectively by redefining words. Orwell called it Newspeak but I'm more blunt and call it BALD-FACED LIES.

      Regarding racism – one synonym of which is discrimination – the radical left LIARS have changed the definition to mean that ion order to NOT BE a racist, one must actually discriminate PREFERENTIALLY.. It is no longer (according to the left's redefinition WHICH HAS TO STOP) acceptable to judge a person on the content of their character on no on the color of their skin to not be called a racist. Pathetic. The war of words has to be won by us conservatives.

    2. jefflz says:

      We can expect nothing but retrograde action from this Bush-appointed court. They have severely damaged the electoral process with their outrageous Citizens United finding. That they have even accepted this case is a sure sign that the Roberts Court will strike a blow against civil rights in a steady Tea Party-pleasing backward march. This court is a disastrous living legacy from the worst president in US history, as acknowledged by many historians.

      • Kahr50 says:

        So what you are saying is it should be legal to make admission decisions based on race?

        Where can I get my unearned Hungarian-American benefits?

      • Frank Andrews says:

        Only 2 of the Justices were appointed by GW Bush. 2 were appointed by Clinton and 2 by Obama. Of the remaining Justices, 2 were Reagan appointments and 1 was George W. H. Bush's. And do you have any actual citations for "the worst president in US history, as acknowledged by many historians." or is that only your opinion?

      • Pat says:

        Jeff, please help me to understand the truth of your statement by naming those historians.

    3. David Allen says:

      We need a new defination for racist.R.A.C.I.S.T. – Republicans Against Comunist Idiots Supressing Thought!

    4. Eric Nisula says:

      Yes, Sandra Day O'Connor's decision stating that racial preferences were ok in order to promote
      intellectual diversity (blather presented by u of m which she accepted at face value with no proof) was breathlessly stupid.
      Hopefully wiser heads will prevail. We will see.

    5. never mind says:

      as a white man, i can assure you, all this is reverse dscrimination, against whites, one sided. WRONG.

    6. LarrySparks says:

      There have been a number of SOTUS decisons that reversed college admissions discrimination cases when White men or women were denied admission of colleges. It started with the Barken decison at the University of Washington, when he was denied admission to law school. This law suit should be ruled in Fisher's favor.
      Over the last few years, even some liberals have admitted that affirmative action for minorities should be dropped.

    7. 2rosie says:

      Giving opportunity to those who were not lucky enough to be born into privilege is a gift unique to countries who retain high moral ground and higher intellectual capacity. I do not agree with you Bobbie the level of mental capacity has decreased significantly and deliberately. Ha

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