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View Diary: Justice Antonin Scalia still up for protecting 'the blacks' (100 comments)

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  •  It's also rather pathetic that racists like Scalia (1+ / 0-)
    Recommended by:
    vadem165

    love the 14th Amendment when it comes to AA, but when it comes to defining who is a US citizen (birthers, 'anchor-baby' paranoids) and Gay Rights, they hate the 14th Amendment.

    "Those who can make you believe absurdities, can make you commit atrocities" Voltaire.

    by JWK on Tue Oct 15, 2013 at 05:56:51 PM PDT

    •  The argument in this case is actually that the (2+ / 0-)
      Recommended by:
      coffeetalk, JWK

      14th Amendment prohibits a ban on affirmative action.  

      •  Yeah. That's what I thought. (0+ / 0-)

        Am I confused then on what Scalia is saying? I could be. Is he supporting Affirmative Action because of the 14th? Thanks for any clarification.

        "Those who can make you believe absurdities, can make you commit atrocities" Voltaire.

        by JWK on Tue Oct 15, 2013 at 06:12:07 PM PDT

        [ Parent ]

        •  It's a confusing case. It really doesn't have (2+ / 0-)
          Recommended by:
          coffeetalk, viral

          anything to do with whether the 14th Amendment prohibits affirmative action as such.  It's about whether a state can pass a law prohibiting AA at the state level, preventing pro-AA folks from lobbying schools on an individual level.  

          At oral argument, the pro-AA lawyer said something to the effect of "the 14th Amendment should be understood to protect the rights of racial minorities," and Scalia responded that his understanding was that the 14th protected all people and required equal protection regardless of race.  

          That is, the pro-AA side argued that a state policy that explicitly favors black students wouldn't run afoul of the 14th Amendment, because the purpose of the amendment is to protect racial minorities.  Scalia's contention is that such a law would violate equal protection, as it would be treating students differently on the basis of race.  

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