Thanks President Trump!
- Donald R. McClarey
Donald R. McClarey
Cradle Catholic. Active in the pro-life movement since 1973. Father of three, one in Heaven, and happily married for 43 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.
Hoo-boy, sure glad I don’t live in Minneapolis, Chicago or Portland. The nutball dance banquet begins in 3 . . . 2 . . .
The defendant in the trial was Harvard University. I’m not seeing how Harvard being a private institution could act in contravention of the 14th Amendment, or is it their contention that interpretations of the 1964 Civil Rights Act which countenance racial preference schemes are in contravention of the 14th Amendment?
Wasn’t the defendant in Grutter a state school in Michigan?
A good overview, in spite of it being wikipedia:
https://en.wikipedia.org/wiki/Regents_of_the_University_of_California_v._Bakke
The whole apparatus of affirmative action has always been blatantly unconstitutional. I am heartened that the Court has finally recognized the obvious.
The whole apparatus of affirmative action has always been blatantly unconstitutional.
I can see that in re state actors. I’m not seeing that in re a private institution unless its in re the provisions of statutory law regulating private institutions.
I’m expecting try-every-door noncompliance by the people who run higher education.
❤️
They’ve hit some home runs- EPA ruling, overturning RvW!
Art Deco: Absolutely correct. The Ivy League schools will twist themselves into unrecognizable pretzels in order to continue preferences. We are not yet finished seeing more court cases on the subject.
https://www.campusreform.org/article?id=23516
Higher education is run by people of low character.
Oh, I have no doubt about that Art, but with Asian-American students who suffer from affirmative action, they face a prosperous group quite willing to engage in litigation. This also establishes a principle of non-discrimination that will make it hard for discriminatory schemes to survive judicial scrutiny.
https://ace.mu.nu/archives/405122.php
While we’re at it, remember that Rochelle Welensky is on the faculty of the Harvard Medical School.
I’m not seeing that in re a private institution
The Courts have held that private racial discrimination may be banned under section two of the Thirteenth Amendment by Congress.
https://constitution.congress.gov/browse/essay/amdt13-S2-3/ALDE_00013216/
Art, I read a bit more of the ruling and it says something to the effect that since they accept federal funds they lose that private intuition protection. I think this is the same type of view that forced many Catholic adoption agencies that accept some federal monies to either allow adoption to same sex couples or face legal action. (From what I remember, however those with more legal background feel free to correct me)
Adoption by gays is purely a state creation. To my knowledge there have not been any Federal cases mandating it.
[…] USCCB Slam Abortion Statement of Principles by House Catholic Dems – OSV News/Detroit Cthlc Justice Thomas’ Concurrence in the Affirmative Action Case Goes Unbelievably Hard – TACthlc SCOTUS Rules in Favor of Christian Postman in Unanimous Religious Freedom Decision […]
Art, I read a bit more of the ruling and it says something to the effect that since they accept federal funds they lose that private intuition protection. I think this is the same type of view that forced many Catholic adoption agencies that accept some federal monies to either allow adoption to same sex couples or face legal action. (From what I remember, however those with more legal background feel free to correct me)
I’m going to offer a list of ten federal agencies which might be authorized to distribute ‘grants, subsidies, and contributions’ in the parlance of the Appendix to the Budget of the United States Government. It would otherwise be debarred for a federal agency to disburse funds to anyone but their employees, suppliers, and subcontractors (the latter two selected via sealed bids bar in odd circumstances).
Bureau of International Organization Affairs, State Department
Defense Security Co-operation Agency, DoD
Federal Emergency Management Agency, DHS
Indian Health Service, HHS
Center for Medicaid and Medicare Services, HHS
Employment and Training Administration, Department of Labor
Veterans Benefits Administration, Veterans Affairs
Office of Personnel Management
Agency for International Development
10. Social Security Administration
The tax collection authorities could also administer some elaboration on the Earned Income Tax Credit and the Treasury could make unrestricted grants of a value determined by formulae to each state (or territorial) government. The federal revenue authorities might also act as collectors on behalf of state governments (say, in re hypothetical tolls on long-haul Interstates). Have I left an agency off the list? Change my mind.
[…] Catholic 5. Aux Armes, Citoyens! – Donald R. McClarey, J.D., at The American Catholic 6. Justice Thomas’ Concurrence in the Affirmative Action Case Goes Unbelievably Hard – TACth 7. Power of the Purse – Donald R. McClarey, J.D., at The American Catholic 8. […]