Bill Schuette

It’s been a week of strange splits and noteworthy dissents at the U.S. Supreme Court.

In Navarette v. California, Justice Clarence Thomas wrote for a five-justice majority, holding that a traffic stop premised on an anonymous but reliable 911 tip about a swerving driver provided a police officer reasonable suspicion that the driver was intoxicated. So much the worse for the driver in this case, who happened to have thirty pounds of pot in the bed of his truck. Chief Justice Roberts agreed, as did Justices Kennedy, Breyer, and Alito. Justice Antonin Scalia dissented, joined by Justices Ginsburg, Sotomayor and Kagan. The usual yammering about Thomas as Scalia’s lap dog was quiet in this case. In Navarette, they apparently don’t even agree about how booze works: Scalia writes, “Whether a drunk driver drives drunkenly, the Court seems to think, is up to him. That is not how I understand the influence of alcohol.” He then cites to an article on the science of drinking.

In Paroline v. United States, the case involving restitution for child pornography victims, Justice Kennedy authored the majority opinion, joined by Justices Ginsburg, Breyer, Alito, and Kagan. The Chief dissented, along with Scalia and Thomas. Justice Sotomayor dissented separately. While none of the other justices joined her opinion, Sotomayor would have affirmed the Fifth Circuit’s en banc majority, granting the victim Amy full restitution. That majority included some conservative stalwarts (such as my former boss, Edith Jones) who aren’t often on the same side of divisive issues as the Wise Latina.

Justice Sotomayor also dissented in Schuette v. Coalition to Defend Affirmative Action, this term’s high-profile affirmative action case. Justice Ginsburg joined Sotomayor’s spirited (58-page!) dissent. Justice Kennedy, writing for himself, the Chief, and Alito, concluded that the Constitution does not require the Court to strike down Michigan voters’ ban on race-based admissions policies in higher education. Scalia and Thomas concurred only in the judgment. Breyer separately concurred, based on a different rationale. Kagan was recused.

If the Supreme Court this week is any indicator, we often agree on little. Where we do, we sometimes find ourselves sharing the sheets with some strange bedfellows. A week of vociferous dissents and unexpected alliances suits seems strangely appropriate to me this week . . . .

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Calm down, affirmative action supporters, calm down. Yes, the Supreme Court just gave every state the authority to ban affirmative action in college admissions if they so choose. Yes, Stephen Breyer sided with the majority. Yes, this all looks incredibly bad if you think that race should be at least as allowable a consideration for admission as whether or not an applicant’s daddy went to the school.

But nothing is f**ked here dude. Not really. Colleges will still use some form of race-conscious admissions policies, even state schools. Affirmative action works and nothing that happened today will change that. The Court just made it more likely that admissions committees will have to get creative when putting together a diverse class of students…

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Next month, the Supreme Court will hear the case of Schuette v. Coalition to Defend Affirmative Action. The case will look at the constitutionality of Michigan’s 2006 ballot initiative to ban affirmative action in public university decisions. I can’t wait for John Roberts to blithely declare an end to racial struggle in Michigan the same way he decided it was okay for North Carolina to be racist again, because racism is over in the South.

Not that Roberts cares about pesky things like facts, but the facts on the ground in Michigan since the state’s ballot initiative show that without affirmative action, minority enrollment has plummeted. At the University of Michigan, minority enrollment at the college and the law school is down 30 percent.

Now, I know a lot of conservatives will respond to that number with “so?” I get that there are entire swaths of America that could give a crap if minorities are going to public universities or not. I’m sure the hatred for “undeserving” minorities will be well expressed in the comments.

Those people aren’t running the University of Michigan, however. The people running Michigan would like to admit a diverse group of students, and the state’s ballot initiative has clearly hampered that effort. For that law school, it’s a very complicated problem, because as we’ve been reporting, law school applications are down across the board, and that includes minority applicants….

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Jay Z (aka Shawn Corey Carter)

* A Libyan woman is being sued for slander over her rape allegations. Is this how the Libyan militiamen serve and protect their country? [Boston Globe]

* Call this one a learning experience. Pictures of things we now know we can’t post on Facebook: placentas, dead girls. [CNN Justice]

* Jay-Z is down to 98 problems, and that bitch Big Papi ain’t one. [New York Daily News]

* Are your tiny balls a matter of public record? Jason Giambi’s are after testifying at the Barry Bonds trial. [Bloomberg]

* Law firms will now receive a gold star if their women are making it rain. Guess my firm is out, I’m only making it hail. [National Law Journal]

* Michigan’s Attorney General, Bill Schuette, is suing a clinic offering non-peer abortions. [Chicago Tribune]

* Protip: if you’re going to pistol-whip your mom until she buys you a car, at least force her to buy you a new one. [ABA Journal]

Andrew Shirvell

Andrew Shirvell, the Michigan assistant attorney general who has decided to launch a smear campaign against a Michigan undergraduate student council president, appeared on Anderson Cooper 360 last night. Shirvell made headlines two weeks ago, when his hate blog against University of Michigan student council president Chris Armstrong attracted media attention. Shirvell claims Chris Armstrong advances a “radical homosexual agenda.” Shirvell’s blog depicts Armstrong with photoshopped swastikas on his face and features all sorts of hateful rhetoric directed against Armstrong. We previously wrote about Shirvell here.

I don’t know if Shirvell thought he was going to get fellated by Larry King when he walked into the CNN studio. But Anderson Cooper was not about to let this unrepentant homophobe have an unchallenged opportunity to spout his hate to a national audience. The best Cooper line: “You seem to be obsessed with this young, gay man.”

Why don’t you check out the video clip, and then we’ll discuss…

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