Today the First Circuit rang the Pavolvian’s bell, which drooled die-hard racists across the country like it was a lucky day at the MAGA rally. When the appeals court upheld the District Court’s ruling in Harvard’s favor, it put the clock on the almost inevitable showdown at the Supreme Court to end affirmative measures once and for all. Eventually, Harvard won’t be able to put the thumb on the scale in favor of racial diversity in admissions, and again just have to put the thumb on the scale to see legacy candidate Thurston Warrington Cabot IV and his C + average from Philips Allow Exeter.
“AS IT SHOULD BE!” scream a million sixth generation Vanderfucks in unison.
After watching how Becky with the bad grades in 2016 failed to get past positive action at the last minute with the assistance of Justice Kennedy, he replenished his cherished reputation as a “swing vote” that no serious person should ever repeat again after announcing his resignation to advance America under the Brett Kavanaugh Brewsky Express. But now Kennedy is gone, Gorsuch has replaced Antonin Scalia – who died before the fishermen thought – and Typhus Amy has taken the place of the RBG. This is now the house Susie built, and after Susan Collins whined about “respecting precedents,” she’ll watch as indefinite reigns and practices that have been affirmed for decades are torn down one by one.
In SFFA versus Harvard, positive opponents took a different route, replacing the white woman, whose mediocre grades kept them out of a state school, in favor of Asian American students who couldn’t get to Harvard and thought the problem was just black and Latinx students who got in instead of the white inbreeding applicants mentioned above. Hey, part of the strategy is to create the personable test case! The district court ruled against the SFFA, finding that plaintiffs could not find a single candidate who was disadvantaged by the policy and that it was actually more likely that many Asian American students actually benefited from Harvard’s policies (e.g. Asian American Women).
The First Circuit was unanimously upheld (2-0, one judge did not take part in the opinion), and now this case, which was supposed to be based simply on the strength of the district court’s deliberate opinion, is being taken up by the Supreme Court for Clarence Thomas Finally, complete his hideous career by symbolically garnishing the concept that racial diversity is a laudable value, which, ironically, was the exact reason George HW Bush chose him to replace Thurgood Marshall. What good is a ladder if you can’t knock it down for everyone behind you?
Or maybe Chief Justice Roberts will stick with it to add to his “What’s Racism” series that he started in his Opinion on Shelby County. In any case, we all know what’s coming. We knew it last year when Elie Mystal wrote:
Technically, [anti-affirmative action litigation mastermind Ed] Blum failed. If you’re actually interested in why positive action is constitutional, read this opinion. But Blum and the Conservatives are playing a long game here. This case was never set up to win in court. The whites who are driving this don’t really care about Asian-American concerns. This case was set up to allow the Supreme Court to end the positive action on appeal, and this project goes a long way.
And at the moment nothing can be done about it. There’s no magical solution to mending decades of liberal apathy towards the courts, and it’s certainly not a half-cocked court-wrapping scheme that actually looks like it cost the Democrats the Senate in three races that focused on the issue by the wayside focused. For now, all that remains to be done is to get more Americans to take care of the courts and vote with these issues in mind. An integral part of that mission would be to align with the hugely popular proposal to require a Supreme Court term limit that would put the courts first in every election in an orderly and democratic manner.
As mentioned in the passage above, America is in this chaos because the enemies of diversity played the long game. At this point it is time for everyone else to come together and organize around a similar strategic approach to repairing the damage caused by this aberrant regression of segregationist jurisprudence. There is no immediate solution, but there is an opening for a permanent one.
(The full First Circuit statement is on the next page.)
Earlier: Harvard won, but positive action is still designed to lose
Congress Introduces Bill To Limit The Term Of The Supreme Court!
Court wrapping attorneys are likely to cost Democrats the Senate
Liberal demands for court wrapping are gathering pace, and Mitch McConnell couldn’t be happier
Joe Patrice is Senior Editor at Above the Law and co-moderator of Thinking Like A Lawyer. Feel free to email tips, questions, or comments. Follow him on Twitter for all the law, politics, and a healthy dose of college sports news. Joe is also the managing director of RPN Executive Search.