SCOTUS’s ‘Half a Loaf’ Decision
Ahlert on affirmative action ruling.
Arnold Ahlert: “As the old expression goes, ‘half a loaf is better than none.’ And whether Americans realize it or not, that’s all they got with the Supreme Court’s latest ruling on affirmative action. … Either the Constitution of the United States means something, or it doesn’t. … Either the people of a state can decide to follow it, or they can decide to ignore it. [Justice Anthony] Kennedy tries to flatter the public … [by] insisting that there is nothing in their rejection of race-based preferences ‘too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scrutiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate,' but that flattery begs a giant question: what if the electorate were voting on the issue of abortion rather than affirmative action? Now you know why progressive heads are exploding.”
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