So SCOTUS’s fascist majority thinks you can’t have affirmative action that mentions race? (Or whatever you want to call a program that encourages diversity on US college campuses.) What’s the next step to limit Americans’ rights the fascist judges will take, who, like members of the Argentine junta during the Dirty War, legislate instead of adjudicate? Legislate away without any popular vote seventy years of precedent by reversing the decision in Brown v. Board of Education (1954)? That landmark decision eliminated the practice of racial segregation in higher education. It explicitly mentions race! By the fascist SCOTUS junta’s logic, it must be overturned!
Charles Blow in a NY Times op-ed (“Justices Enshrine Racial Imbalance,” 7/6/2023) states the obvious: “[This is] the absurd argument that racism must be ignored to be overcome racism.” Both decisions just mentioned should have concurred that the discriminatory actions considered in their cases were contrary to the 14th amendment. Period! And these fascist judges claim to be strict constitutionalists? What they are is stupid autocrats doing the bidding of the far right! Every two-bit dictator from Lenin to Putin and Xi are grinning in their glee.
These fascist judges are also hypocrits; and because SCOTUS has no regulations (or any ethics rules whatsoever!), they can legislate and basically rule the country from the bench like that junta of the Southern Cone. As with the anti-abortion ruling (rejecting fifty years of precedent from Roe v. Wade), they’ve ignored years of precedence in the affirmative-action case by basically declaring SCOTUS judges in the past didn’t know the law as written in the constitution!
Justice Sotomayor in her dissenting opinion said it correctly: Race must be considered because America is still a long ways from being colorblind, in deeds if not in law. Of course, it’s not just about race. It’s about diversity. Our schools should reflect America’s diversity, not the privileged white classes’ prejudices. (If you want to argue that private schools like Harvard should be exempt from promoting diversity, I’ll counterargue that all private institutions should be eliminated!) Asians, Blacks, and other races’ participation in each institution of higher education should naturally arise from one pool of qualified applicants in a way that reflects America’s own diversity. How to achieve this is the question, but the answer must consider race. And neither that pool nor that diversity should be determined or limited by six lifetime fascist judges who, as President Biden said, are so out of touch with society that they haven’t a clue about what the US constitution means for the US today. Maybe they want to return to that old rule from the Founding Fathers that a black man is only worth a fraction of a white man?
This fascist-dominated SCOTUS has become such an unregulated and strong tool that the Fascist Party of America (the Good Ole Piranhas) will continue to use it to send America farther down into the cesspool of fascism. The six fascist judges are now enemies of the people—our enemies, to be precise—because they are dedicated to ending Amerians’ rights. Putin and Xi won’t have to defeat America. We will defeat ourselves if SCOTUS is allowed to continue its fascist rulings!
What’s the solution? One, make sure no cases can reach these fascists where they can overturn decades of precedent and end people’s rights. Two, create term and age limits for all SCOTUS judges. And three, and most importantly, increase the number of judges now that a progressive president and Senate can act (there’s nothing in the constitution that determines the number, so the strict contitutionalists on SCOTUS would have no right to complain). All that might help us avoid becoming a fascist nation. Otherwise, the US is doomed!