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Schuette v. BAMN and the Contradictions of Justice Sonia Sotomayor

Sotomayor's confused “political process doctrine."

by
John Rosenberg

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May 4, 2014 - 12:59 am
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Marxists have long made the case for capitalism’s collapse due to its “internal contradictions.” Liberalism may not collapse, but its contemporary contradictions are glaringly, gratingly on display in Justice Sonia Sotomayor’s 58 page dissent, joined by Justice Ruth Bader Ginsburg, in the recently decided Schuette v. BAMN. That’s the case, you will recall, in which the plaintiffs argued that it was unconstitutional for the people of Michigan to amend their state constitution to prohibit discrimination on the basis of race. (If you don’t recall, or you think I exaggerate, see here and here.)

I would like to mention only one of Justice Sotomayor’s contradictions  here, but it is a crucial one that so far as I’ve seen no one has mentioned and that undermines the entire “political process” doctrine at the core of the liberals’ argument in Schuette that it is racial discrimination for a state to prohibit racial discrimination.

Here is how Justice Sotomayor presents the mindboggling “political process doctrine” at the beginning of her dissent:

As a result of §26 [the anti-discrimination provision added to the Michigan constitution], there are now two very different processes through which a Michigan citizen is permitted to influence the admissions policies of the State’s universities: one for persons interested in race-sensitive admissions policies and one for everyone else.

Citizens can lobby, she continues, for “admissions policies that consider athleticism, geography, area of study, and so on. The one and only policy a Michigan citizen may not seek,” she states, is preferential treatment based on race — or in verbose Sotomayor-speak, “a race-sensitive admissions policy that considers race in an individualized manner when it is clear that race-neutral alternatives are not adequate to achieve diversity.” Her bottom-line conclusion: “Our precedents do not permit political restructurings that create one process for racial minorities and a separate, less burdensome process for everyone else.”

Forget for now that under our Constitution discrimination based on race is, and should be, fundamentally different from and far worse than discrimination based on athletic ability or legacy status. Forget that race-preference policies may not, in fact, “inure to the benefit” of minorities, as the “political process” doctrine requires. Forget, in fact, that some minorities — especially Asianssuffer under affirmative action. Forget  Sonomayor’s silly and much ridiculed attempt to ban the term “affirmative action” in favor of “race-sensitive admissions,” and her accompanying justification that “[s]ome comprehend the term ‘affirmative action’ as connoting intentional preferential treatment based on race alone–for example, the use of a quota system.” Sotomayor herself, with Ginsburg in tow, fails to “comprehend” that her  “race-sensitive” claptrap cannot disguise the fact that affirmative action, by whatever name, means many individuals are admitted and others rejected solely because of their race.

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Top Rated Comments   
I don't have the energy to try follow the not so Wise Latina's line of thought. Strikes me as gobbledygook.

Sotomayor claims to be herself a personal beneficiary of Affirmative Action. Catapulting individuals who might not have made it on merit alone into high office (let alone a lifetime gig on the highest court in the land) seems to be where Affirmative Action has gotten us.

I have never seen such an emphasis on class warfare and identity politics in this country, apparently the bread and butter of America's Left.
20 weeks ago
20 weeks ago Link To Comment
Perhaps it is fitting that Sotomayor is the one to write the tome, Ode To Racism Our Way.

This is because nearly every word, act, deed, policy, of this cabal is invested in "transforming" America (and the One World Government brutish totalitarianism) by separating us by race, religion, national origin, gender, sexual preference, age and class...and picking favorites. It is a parlor game of "victims" and "oppressors".

And Sotomayor is part of the King's Court inserted to advance The Lies Patina.

The Lies Patina is the object of the parlor game of inverting the narrative, giving racism a "compassionate liberal coating" over a class, race religious assault...thereby giving it safe passage and permanent free harbor.

Judeo-Christians are "oppressors" compared to Muslims and atheists.

White, southern, Christian, heterosexual males are in permanent open season.

George Zimmerman shows us that black trumps Hispanic if you can pin enough whiteness on someone to make him a "white Hispanic"...but if George was trying to matriculate...he would trump an Asian...and his whiteness would magically disappear.

The Lies Patina allows Lizzy Warren to bring a high cheekbone resume to Harvard and blow past white and yellow skin tone because being a traitor against one's country allows for identification politics to invent DNA mapping by oral history.

The Lies Patina is The Inverted Narrative sugar coated to be swallowed easier. What is being done to people under the mask of "liberalism" is a crime. Liberals either have to be repulsed by it...or cease calling themselves "liberal".

Because class hatred, racial hatred, gender hatred, religious hatred...is not "liberal". And putting that patina over those hatreds doesn't make it ok. The Lies Patina says Hatred My Way is ok...because THEY "deserve it".

That is radical leftism...unveiled. It's ugly and despicable. And...it is rampant in the Oval Office, both Houses and now...on display in our Supreme Court.
20 weeks ago
20 weeks ago Link To Comment
Sotomayor is committed racist who is still allowed to attend NBA games.
20 weeks ago
20 weeks ago Link To Comment
All Comments   (32)
All Comments   (32)
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If someone is not qualified for admission to a school based on her academic achievement, what does that say about the true value of a degree from such a school? These people are not only admitted to the school but they are carried through to graduation simply to validate the policy. It grandfathers failure into educatiion and ultimately the workplace.
20 weeks ago
20 weeks ago Link To Comment
Keep in mind that when racial preferences were first instituted, it was grandly proclaimed that they would only be "temporary", just as abortion was to be "rare" and used prior to 20 weeks only. 40 years later we see where those lies have led.
20 weeks ago
20 weeks ago Link To Comment
"Marxists have long made the case for capitalism’s collapse due to its “internal contradictions.” "

Marxian Socialism has always been an inane intellectual construct without any merit in the real world. In whatever form it exists in the world, it still must be supported by the hard work of free market commerce. Even their pejorative "capitalism" is nonsense. Capitalism is to free market commerce as "pharmaceuticalism" is to medicine.

20 weeks ago
20 weeks ago Link To Comment
In spite of what you have heard from the Hon. Tomatera, be aware that there are pro-American, Conservative, patriotic Hispanics, many of them serve in the armed forces, contribute positively to their communities and are exemplary citizens all around. It is paramount to the development of a robust Conservative movement that those Hispanic Conservatives be supported, and that includes the Catholic Conservatives as well, like Bill Buckley (who grew up in Mexico and was a faithful Catholic.) Naturally the strongest area of influence for the US should be Latin America and the Caribbean. Needless to inform you that those are Marxist strongholds now thanks to the laziness and idiocy of most of our foreign policy wonks and operatives.
20 weeks ago
20 weeks ago Link To Comment
I concur whole-heartedly. The Hispanic community is far more religious and conservative than their self-proclaimed saviors. I expect that despite Democrats professed joy at the expansion of that community and reckless belief that it will ensure permanent Democratic majorities, they have another thing coming.

Of course, they will likely attempt to keep them under their boot through profligate use of handouts and set-asides. I'd love it for the term "white Hispanic" to be thrown back in their faces in an election.
20 weeks ago
20 weeks ago Link To Comment
It's called "ham handedness".
20 weeks ago
20 weeks ago Link To Comment
The law is and righteously should be that diversity may occur. Note that the word "shall" was not used. Everybody gets a chance.
20 weeks ago
20 weeks ago Link To Comment
If this is a Wise Latina, they are in deep doo-doo.
20 weeks ago
20 weeks ago Link To Comment
Comparative success in action! Kind of like the term, "honest politician".
20 weeks ago
20 weeks ago Link To Comment
Sotomayor is proof that elections really do have serious consequences. Every Republican who stayed home or maybe voted for someone other then a Republican will have to live with Sotomayor as a Justice on the Supreme Court for decades to come. She is a committed leftists and as the years go by she will become even further entrenched in the Progressive ideology. Sotomayor is living and breathing proof that Affirmative Action does not work. She is unqualified to be a Supreme Court Justice and would serve the country better if her next words out of her mouth were: "would you like to supersize that meal"?
20 weeks ago
20 weeks ago Link To Comment
She is a walking talking indictment of affirmative action.
If the Dems' cheating machine fails enough to ever get another Republican Congress, they should impeach her first.
She really is not qualified.
20 weeks ago
20 weeks ago Link To Comment
Even a quick read of Sotomayor's gobbledebabble reveals that she is simply trying to create a legal justification for a favoritism that favors HER.
20 weeks ago
20 weeks ago Link To Comment
What's really scary about Sotomayor is that she appears to believe she really understands stuff, and trusts her own judgement enough to push anything and everything to the extreme. Look up Socrates, dear, and try to learn something. Anything.

Of course it's also scary that such a half-wit is sitting on the supreme court, but we know how that happened.
20 weeks ago
20 weeks ago Link To Comment
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