Re: AA


I'm of course too lazy to go back and read the details, but my impression when I first read about this however long ago was that the anti-AA folks chose a pretty weak case for this. Do the resident unfogged lawyers agree?

Also, this decision totally proves that Sanders is a charlatan.

Posted by: AcademicLurker | Link to this comment | 06-23-16 12:05 PM
horizontal rule

It certainly wasn't a good one, but I have a feeling that in general there really just aren't many "good" cases that they could have pulled from. The common idea of what counts as affirmative action is pretty far from anything that actually occurs, or falls under that description. When I taught a unit about it a huge percentage of it was just "Ok, this is not something that happens though. And this is not something that happens. And this definitely does not happen. Actually the only thing that happens in this context is..."

I do take some satisfaction in the fact that she had to spend years of her life hearing people (very)publicly explain, on the record, that she was dumb and got nothing in return for it at all.

Posted by: MHPH | Link to this comment | 06-23-16 12:10 PM
horizontal rule

Why don't YOU suck on an egg, thousands of children who can now not obtain relief from being deported!

Posted by: R Tigre | Link to this comment | 06-23-16 12:10 PM
horizontal rule

Which, yes, this was too weak a case even for Kennedy. But hopefully soon constitutional law will not be driven by "what are Justice Kennedy's feels."

Posted by: R Tigre | Link to this comment | 06-23-16 12:11 PM
horizontal rule

We must built a wall to protect our eggs.

Posted by: Opinionated Trump | Link to this comment | 06-23-16 12:19 PM
horizontal rule

Being rejected make her an alcoholic? Another reason to sue again!

Posted by: SP | Link to this comment | 06-23-16 12:20 PM
horizontal rule

Re. Texas v. US is it beyond question that the injunction prevents the US from implementing DAPA in non-plaintiff states? I guess it is or my light googling would have indicated otherwise.

Posted by: Clytaemnestra Stabby | Link to this comment | 06-23-16 12:29 PM
horizontal rule

7: No idea. What I really want to know is, does the DAPA decision mean they're going to deport Abigail Fisher?

Posted by: AcademicLurker | Link to this comment | 06-23-16 12:31 PM
horizontal rule

Yes, the injunction is nationwide.

IANAL, but my understanding is that there are a host of potential actions the administration can take, the outcome of which are all pretty uncertain. Meanwhile, the actual trial of the case on the merits has its next date (a conference) on Aug 22 in Texas.

It is also possible that some of the states who support DAPA could now turn around and start a new case in a different circuit court to try to force the issue from the other side (e.g. California has been making noises about the fact that the state is suffering economic harm from NOT being allowed to have DAPA). I have no idea whether a new trial judge in a different federal court would just throw out the case on the grounds that Texas got there first, or whether it would be allowed to proceed.

Posted by: \/\/itt | Link to this comment | 06-23-16 12:35 PM
horizontal rule

Led Zeppelin won! You can trust the Devil after all!

Posted by: peep | Link to this comment | 06-23-16 12:44 PM
horizontal rule

AA is a crude instrument, but it's a net positive and desperately needed.

Lately, I've been seeing anti-AA arguments involving Black immigrants and their children, Asian Americans, and the accounts of how Jewish applicants were historically treated. If the anti-AA types really wanted to win, why didn't they wait to find an Asian American applicant with clearly superior grades and test scores? AF or her family must have been naive or really stupid to think it was a good idea for her to serve as a plaintiff.

Posted by: Frostbite | Link to this comment | 06-23-16 2:29 PM
horizontal rule

You might even say she's... stupid AF.

Posted by: teofilo | Link to this comment | 06-23-16 9:10 PM
horizontal rule


Posted by: Minivet | Link to this comment | 06-23-16 10:22 PM
horizontal rule


Posted by: Sir Kraab | Link to this comment | 06-24-16 7:24 AM
horizontal rule