The Supreme Court closed it 2022-2023 session with a raft of blockbuster decisions. They buried the so-called “independent legislature theory,” supported the voting rights in Alabama, did away with raced-based preferences in college admissions, undid Biden’s usurpation of Congress’ power of the purse in the student loan case and prevented Colorado from interfering with freedom of expression in allowing a web designer to refuse designing a website for a gay wedding. The last one is a harder call but think of the child of a Holocaust survivor being forced to make a web design for a neo-Nazi group.
In my nonlawyer opinion I think all of the above cases
were decided correctly. I was especially pleased by the ruling in the
affirmative action case where all to many elite universities have been practicing
a 21st Century version of the Chinese Exclusion Act of 1882. What
proponents of race-based preferences are really trying to do is to offset the
failures of K-12 public education. The reason why African Americans and
Hispanics are “under-represented” in elite schools is that public education has
failed them with a pattern and practice of state-sponsored child abuse aided
and abetted by the reactionary teachers’ unions.
One last point on this is that I would hope the Supreme
Court will soon accept the case of the odious DEI loyalty oath that is now required
for hiring and promotion at many elite universities. There is far less
justification for DEI loyalty oaths than there was in the 1950’s where faculty
had to pledge loyalty to the United States.
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