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4/23/14 9:16 AM
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amadeus
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http://news.yahoo.com/voice-first-u-hispanic-justice-heard-major-race-230838464.html

The first Hispanic Supreme Court justice has been on the bench for nearly five years but had never written an opinion addressing race in America until today.

Justice Sonia Sotomayor issued a sharply worded 58-page dissent on Tuesday to the court's 18-page decision upholding a Michigan state ban on race-based affirmative action in education.

In strong terms that referred to the slights minorities face because of skin color, Sotomayor declared the court's majority was ignoring a U.S. history of discrimination and the needs of those on the margins of society.

For the first time since her 2009 appointment, she also took the unusual step of reading portions of the opinion from the bench, which dissenting justices sometimes do to draw special attention to their views.

Speaking for 12 minutes, nearly as long as Justice Anthony Kennedy spoke for the court's majority, Sotomayor said her colleagues "fundamentally misunderstand" the issue of racial bias at the heart of the dispute and chided them for not talking more openly about it.

Sotomayor's actions answered a question that has lingered since 2009 when Barack Obama, the first black U.S. president, nominated her to the court: how would she draw on her personal experience and possibly differentiate herself from previous justices?

In her 2013 memoir Sotomayor wrote of benefiting in the 1970s from affirmative action at Princeton University and Yale Law School. On Tuesday, her words flashed across Twitter and other social media.

Still, her dissent is unlikely to change the legal landscape. Based on the court majority's stance Tuesday and the conservative majority's skepticism about remedies in racial cases dating back to 2007, the court is likely to continue chipping away at affirmative action.

Sotomayor, whose opinion was joined only by senior liberal Justice Ruth Bader Ginsburg, is part of a minority on the left, and her side is not likely to gain more votes in the near future. The justice most likely to retire is the 81-year-old Ginsburg.

Since Sotomayor joined the nine-justice court, it has taken up a handful of major cases involving voting rights, affirmative action and immigration. In those disputes, Sotomayor signed the opinions of more senior justices, whether in dissent or the majority.

In last term's challenge to federal voting rights law, for example, Sotomayor joined Ginsburg's dissent claiming that the five-justice majority had rolled back needed protections for minority voters in places with a history of discrimination at the polls.

In a case last term involving admissions at the University of Texas, Sotomayor signed Kennedy's opinion upholding racial criteria in admissions and asking a lower court to take another look at the Texas program.

In her dissent on Tuesday, Sotomayor said the Michigan ban was unfair. She said the voter-approved ban allowed college administrators to have admissions policies favoring, for example, students whose relatives are alumni but blocks race-based criteria. The law, she wrote, "restructures the political process in Michigan in a manner that places unique burdens on racial minorities" to win changes in admissions policies.

Her opinion addressed broader racial issues, too, as she noted the stigma of skin color and said the court majority should recognize how much race matters.

"The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race," she wrote.

____________________________________________________________

It blows my mind that people have an issue with this...

If affirmative action in college admissions was based on economic levels I would agree, but basing it on a persons skin color is completely against what this country and upper education is supposed to be about. A black or hispanic kid from a rich family enjoys far more advantages than a white kid from a poor background; yet the black or hispanic kid receives preference over the white kid under affirmative action based admissions no matter how hard the white kid studies or works... Tell me how that is fair or makes any sense!?
4/23/14 9:19 AM
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QuinTheEskimo
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I for one welcome our new asian overlords. Phone Post 3.0
4/23/14 9:20 AM
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rookie29
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I wouldn't trade all the benefits of being a white male American for entry into a college.

Just let it go other white people, we still run practically everything for the entire history of time. Phone Post 3.0
4/23/14 9:22 AM
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cruedi
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I'm sure she understands race better than Thomas does. I can't stand the nobody understands but me BS
4/23/14 9:27 AM
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CMX
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I saw on the news last night some Hispanic kids protesting in front of Berkeley over this but I guess they aren't doing the research as they accounted for 29% of the students there , the only race with a higher percentage of students was Asian Phone Post 3.0
4/23/14 9:28 AM
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Rhymenoceros
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Maybe Thomas hasn't come to grips with the fact that he got into Yale via affirmative action. Phone Post 3.0
4/23/14 9:28 AM
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Munk
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LOL
4/23/14 9:30 AM
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steve85uk
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its a weird complicated issue. The problem with her argument is shes assuming all/most blacks are poor. Whether its true or not, cant really base a legal argument off that.
4/23/14 9:31 AM
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angryinch
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Is this the dumbest SCOTUS we've had in a long time?

4/23/14 9:33 AM
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rufus
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Such a Wise Latina...

4/23/14 9:53 AM
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Barry Soetoro Jr
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The wise Latina can suck my dick.

If any of you have applied for a public job (such as police, fire etc.), you know that minorities are recruited while many white males are not given a chance.
4/23/14 9:59 AM
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likatiga
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Plenty of black kids get into collages just because they can run fast and jump high.

Should we put an affirmative action on collage sports too? Let in lesser players, just because they're white?

I could stand behind some form of socioeconomic quotas, but not because of somebody's skin color.
4/23/14 10:26 AM
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Trust
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angryinch - 

Is this the dumbest SCOTUS we've had in a long time?


They're all been pretty dumb since around the 1940s.  The era of reasonable justices ended with the New Deal, when that Court caved in response to FDR's threat to pack the Court. 

Marbury v. Madison was the Court's high point; the Court was on a downward slide after that, and fell off a cliff with Wickard v. Filburn.   They have been filling decisions with intellectual cancer that metasticizes in subsequent decisions.  

The present Court allows the government to compel economic activtity under threat of penaly (and ultimately at gun point), collect and store all communications of citizens, believes the government can take private property for any reason or even no reason, and recognizes no distinction between intra-state and inter-state commerce.  

 

4/23/14 10:32 AM
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Brockback Mountain
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Edited: 04/23/14 10:34 AM
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rookie29 - I wouldn't trade all the benefits of being a white male American for entry into a college.

Just let it go other white people, we still run practically everything for the entire history of time. Phone Post 3.0


ITs not about caring about white people getting fucked over.

Its that

TREATING PEOPLE DIFFERENTLY BASED ON RACE IS STUPID AND SHITTY.

ALWAYS HAS BEEN ALWAYS WILL BE.

 

All people should be judged on merit, not skin color, sex pref, gender, etc.. 

4/23/14 10:46 AM
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Lite
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I'm sure I'll get flamed for this, but . . .

Among other reasons for affirmative action is the desire to break up an entrenched underclass and get them to buy into the bigger picture. Less Tupacs and more Huxtables. It's a more plausible solution to the "culture problem" that the O'Reilly's rant about than more and more incarcerations, which has actually made things worse.
4/23/14 10:54 AM
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HereWeAre
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So wait. She pulled the race card on a trial about race?

The nerve.

4/23/14 11:02 AM
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Fighting
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A white hispanic who went to two ivy leaugue schools. tafuck does she know about racism?  Did someone call her a wetback in 8th grade and make her cry?

4/23/14 11:11 AM
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baj54
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I think we're missing the small fact that the girl pulling the race card did not even score remotely in the realm of what other kids did who have been accepted to that school. The girl is upset because she didn't get accepted then decided to pull the race card. This isn't a Rhodes scholar who didn't get accepted, her scores were middle of the road good. Should we let her in because she had average scores? Phone Post 3.0
4/23/14 11:11 AM
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Philip Proctor
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Of course she loves AA. She's a product of it. I understand the original argument for it. But at some point it has to end. Fixing discrimination with discrimination is no fix. Phone Post 3.0
4/23/14 11:13 AM
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Trust
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Lite - I'm sure I'll get flamed for this, but . . .

Among other reasons for affirmative action is the desire to break up an entrenched underclass and get them to buy into the bigger picture. Less Tupacs and more Huxtables. It's a more plausible solution to the "culture problem" that the O'Reilly's rant about than more and more incarcerations, which has actually made things worse.

Why would you be flamed for that?  That is the main reasoning behind AA.  

O'Reilly is a dunce when it comes to the incarcertation issue.  Go the route of Portugal, de-criminalize what are presently non-violent drug offenses, reform "three strikes" laws to apply only to violent offenses, and incarceration rates will plummet.   There is no question that drug laws have been long supported by police adminstrations as justification for their bloated existence.  

4/23/14 11:15 AM
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Mihow
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rookie29 - I wouldn't trade all the benefits of being a white male American for entry into a college.

Just let it go other white people, we still run practically everything for the entire history of time. Phone Post 3.0
Think of the Fuehrer dummy! Phone Post 3.0
4/23/14 11:16 AM
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checkuroil
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Until entrenched cultural issues are dealt with, throwing kids into colleges they are not qualified to attend will not help. More funding for family planning and emphasis on early education could help far more than race based admissions at a college level. There is an entire segment of a certain cultural population that still vilifies studying. I see how people could think that creating the opportunity to attend school might change the culture , but I don't think it does.

I am Jewish. My people emphasize studying over everything. Mothers talk about their children's education as a badge of honor. In my family, you would not dream of getting anything less than a masters degree. In fact, my degree from ucla, which was a top 25 school when I went, is scoffed at compared to my cousins who all went to penn and Yale.

When other cultures start to follow suit in pushing their kids in this manner, then there will be real change. Kids learn to be interested in the value of education from their family. If that value is not there, then it's rare for a child to find it on their own

Bill Cosby tried to address these issues and was crucified. Maybe other leaders can be successful Phone Post 3.0
4/23/14 11:25 AM
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jacktripper
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rookie29 - I wouldn't trade all the benefits of being a white male American for entry into a college.

Just let it go other white people, we still run practically everything for the entire history of time. Phone Post 3.0
Ignorant with shades of white supremacy Phone Post 3.0
4/23/14 11:27 AM
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C0NAN
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rookie29 - I wouldn't trade all the benefits of being a white male American for entry into a college.

Just let it go other white people, we still run practically everything for the entire history of time. Phone Post 3.0

People like you are the problem.

If Europeans have "run everything" for the past ~500 years, that is because they innovated and invented what was necessary to do so.

If Africans had been the ones to revolutionize firearm technology first, they may well have done what the Europeans did.

"White people" weren't magically born into a world of privilege, they inherited it from their ancestors, who were the ones that innovated the necessary competitive advantages.

Of course, when people develop competitive advantages, they want to pass it down to their own offspring, not other people's. What kind of stupidity do liberals expect?
4/23/14 11:36 AM
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Mr. Wright
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checkuroil - Until entrenched cultural issues are dealt with, throwing kids into colleges they are not qualified to attend will not help. More funding for family planning and emphasis on early education could help far more than race based admissions at a college level. There is an entire segment of a certain cultural population that still vilifies studying. I see how people could think that creating the opportunity to attend school might change the culture , but I don't think it does.

I am Jewish. My people emphasize studying over everything. Mothers talk about their children's education as a badge of honor. In my family, you would not dream of getting anything less than a masters degree. In fact, my degree from ucla, which was a top 25 school when I went, is scoffed at compared to my cousins who all went to penn and Yale.

When other cultures start to follow suit in pushing their kids in this manner, then there will be real change. Kids learn to be interested in the value of education from their family. If that value is not there, then it's rare for a child to find it on their own

Bill Cosby tried to address these issues and was crucified. Maybe other leaders can be successful Phone Post 3.0

this.

the only thing my parents cared about when i was growing up was my education. period. the end. my dad worked like madman so my mom was able to stay home and monitor our education in elementary/middle school. they laid the solid ground work early so that by the time i was in high school studying and a desire to learn were all i cared about. sure, i strayed off the path occasionally, but at the end of the day i was focused on success because of my parents and hard work.

until we see the parents attitude change, their children never will.


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