Fisher v. University of Texas: Supreme Court Takes Up Affirmative Action (Again!)

09 Wednesday Dec 2015

Posted by decollins1969 in 1, Academia, Boy @ The Window, culture, Eclectic, Mount Vernon High School, Politics, Pop Culture, race, University of Pittsburgh, Youth

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Affirmative Action, Bakke v. University of California at Davis (1978), Delusions of Grandeur, Fisher v. University of Texas (2015; 2012), Gratz v. Bollinger (2003), Grutter v. Bollinger (2003), Justice Antonin Scalia, Justice Clarence Thomas, Narcissism, Plessy v. Ferguson (1896), Racism, Social Darwinism, Stereotype Threat, Supreme Court, Supreme Court decisions

Abigail Fisher, second from right, listens as her lawyer Bert Rein, center, speaks with reporters, Supreme Court, Washington, DC, December 9, 2015. (J. Scott Applewhite/AP; http://msnbc.com).

I wrote this a bit more than three years ago, when the Supreme Court first heard the case of one Abigail Fisher against the University of Texas admissions policy in October 2012:

Abigail Fisher has joined Allan Bakke, Jennifer Gratz/Patrick Hamacher and Barbara Grutter as part of a list of Whites who have used race as an excuse because they faced a road block for maybe the only time in their lives. The idea that we should have race-neutral college and graduate school admissions policies in a country that’s far from race-neutral shows an enormous sense of unacknowledged entitlement and privilege.

Here’s why. Using myself as an example, I graduated Mount Vernon HS (NY) in 1987, 14th out of 545 students (the top 3% of my class), with a 3.83 GPA on a 4.0 scale, with an 1120 SAT (a 1220 on today’s SAT). I didn’t get into Yale, but was accepted at Columbia and the University of Pittsburgh. Money was an issue, as I ended up going to Pitt because they offered me an academic scholarship, while Columbia offered a private investigator into my father’s finances. Still, my grades would’ve easily knocked Fisher out of contention at UT-Austin, as well as Gratz and Hamacher.

I also think about the two decades I’ve spent teaching high school, college and graduate students. The most consistently obstinate students I’ve taught have been White students who thought they knew more than me. They didn’t get that context always matters when interpreting history, especially something like affirmative action. For those students, for Fisher, et al., and for the Supreme Court, entitlement matters more than context. Facts, circumstances be damned.
Read the Article at HuffingtonPost

I was wrong about one thing in my earlier post. I based my comparison of my SAT score from 1986 on revisions to the standardized test in the 1990s, not in the 2000s, when they added a third section. Based on that, my educated guess for a score in that period would’ve been between a 1850 and 2000 (between the 60th and 70th percentile).

Today, the Supreme Court heard from Fisher’s and the University of Texas’ lawyers — again, about the efficacy of using race as part of a larger formula for achieving demographic diversity in the state higher education system. During today’s oral arguments, the ever-brilliantly racist Justice Antonin Scalia pressed the University of Texas on why they needed to account for race (and apparently, for class as well) in their admissions plan at all, considering the academic issues many Black student face.

Scalia said, “it does not benefit African-Americans to — to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less — a slower-track school where they do well.” He added that “most of the black scientists in this country don’t come from schools like the University of Texas. They come from lesser schools where they do not feel that they’re — that they’re being pushed ahead in — in classes that are too — too fast for them.”

It is fairly obvious that Scalia and at least three other justices (including his intellectual puppet Justice Clarence Thomas) would do away with affirmative action sooner than Scalia and Thomas could suck down two one-gallon tubs of rocky road ice cream. But the veneer of racism, the assumption that Blacks are “too slow” for elite public universities, the Social Darwinist interpretation of higher education? Or assuming that Blacks who go to lesser known institutions, particularly HBCUs are getting a lesser and slower education as a result? Scalia doesn’t know his history, and doesn’t care to know the history of Blacks in higher education at all.

Given the direction the Supreme Court is leaning, it may take a burgeoning Black Lives Matter movement of the scope of the Civil Rights Movement of fifty years ago to reverse this court’s attempt at a twenty-first century version of Plessy v. Ferguson (1896). Let’s not forget, though. There are millions of Scalias and Thomases out there who firmly believe that African Americans — even those with excellent grades, high test scores, and lots of passion and intellectual drive — deserve nothing more than a jail cell, a janitor job, or a bullet to the brain.

But what makes their perspective worse is that Scalia, et. al, are cutting off their collective noses to spite the country’s face. It won’t be just high-achieving African American students losing out if the court curtails or renders race-based admissions policies unconstitutional. A decision like that will hurt millions of White students as well. Not just because segregated higher education could eliminate a diversity of ideas and thinking and will poison the wealth of knowledge and efforts toward a better American society through the benefits of the college experience. It will also mean that Whites like Abigail Fisher will no longer have an easy and vulnerable scapegoat for their educational failures. The Abigail Fishers will be experiencing their own form of stereotype threat. Oh, how will they hold on to their narcissism, their intellectual delusions of grandeur then?

Corporations, Dogs, and a Possible Civil Rights Future

02 Wednesday Jul 2014

Posted by decollins1969 in 1, Christianity, culture, Eclectic, Patriotism, Politics, Pop Culture, race, Religion

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Bill Gates, Citizens United (2010), Citizenship Rights, Civil Rights, Civil Rights Act of 1964, Constitutional Amendment, Corporations, David Koch, Dogs, Hobby Lobby decision (2014), Ingrid Newkirk, Justice Clarence Thomas, Justice Samuel Alito, Kamala Harris, Koch Brothers, Malala Yousafzai, Mark Cuban, Melissa Harris-Perry, Michael Bloomberg, Money and Politics, NBC Universal Comcast, Oligarchy, Paul Ryan, Personhood, PETA, Plutocracy, President Lyndon Baines Johnson, Supreme Court, Supreme Court decisions, Walton Family

Matt Wuerker, Corporate Money/Vote Here, January 2010. (Politico.com). Qualifies as fair use — low resolution, related to subject matter of this blog post.

It finally happened. After twenty-two attempts between the 117th and the 118th Congress, and a short ratification process, the US Constitution finally has a Twenty-Eight Amendment. For the first time, more than two million corporations with headquarters within America’s borders have citizenship rights, including the right to vote. Despite widespread opposition from Democrats and independent progressives, thirty-eight states ratified the amendment in record time, 72 days. The Twenty-Sixth Amendment — the one lowering the national voting age from 21 to 18 — had held the previous record of 100 days, as three-fourths of the states had ratified it in 1971.

President Michael Bloomberg signed the bill this morning in a well-attended Rose Garden ceremony. With such luminaries as Mark Cuban, Bill Gates and David Koch present, the President said, “This is a great victory of American democracy, ensuring its preservation for future generations.” House Speaker Paul Ryan (R-WI), also present at the ceremony, said, “The American people finally have a democracy that represents us all, one that will stabilize our government and our economic way of life.”

Former New York City Mayor Michael Bloomberg, City Hall, January 27, 2005. (http://themoderatevoice.com).

What President Bloomberg and Speaker Ryan didn’t say was that this was the most expensive constitutional amendment campaign in the nation’s history. The Walton family, the Koch Brothers and NBC Universal Comcast-Time-Warner alone spent almost $1 billion in saturating the Internet and airwaves with ads in support of the amendment between mid April and the end of June, according to the Toronto Star. Independent watchdog groups, including the United Nations Department of Political Affairs, put the total amount at $2.2 billion, with much of the money going directly to state legislatures and much-needed infrastructural projects.

“When governments can only operate at the behest of corporations, you no longer have a democracy, you have a plutocracy,” UN spokesperson Malala Yousafzai said at a press conference in New York this afternoon. “Only twenty percent of the US electorate participated in the ratification process,” Yousafzai said, corresponding roughly to the demographics of America’s rich and middle classes.

That this came on the same day as the 60th anniversary of President Lyndon B. Johnson’s signing of the Civil Rights Act of 1964 was not lost on America’s public intelligentsia. “This is a shame that the America republic will have to live with for years to come — if there’s an American republic in the future,” Melissa Harris-Perry said in an interview on CBC Radio in Toronto.

This expansion of American democracy comes on the heels of a landmark US Supreme Court decision. Last week, in a 5-4 ruling, the majority decided PETA v. US in favor of the plaintiff, saying that for the first time, “dogs have a constitutional standing on par with persons.” Justice Samuel Alito wrote the court’s majority opinion, and Justice Clarence Thomas wrote a concurring opinion. What made the PETA decision truly historic was that Justice Thomas explained the court’s decision. “We have found, with the help of significant scientific evidence, that dogs are sentient beings, and thus, deserving of the same civil rights that we have all enjoyed in this country for decades. Although dogs today have not been granted the power of the ballot box, they, like my generation of black men and women, have come a long way in their fight for civil rights,” Justice Thomas said.

Co-founder and President of People for the Ethical Treatment of Animals Ingrid Newkirk, and David Shankbone’s dog Little Man, New York City, November 1, 2007. (David Shankbone via Wikipedia). Released to public domain via CC BY-SA 3.0, GFDL.

The PETA decision overturned a lower court ruling, throwing out the case on the grounds that dogs aren’t human beings. PETA fought the lower court’s ruling based on the Burwell v. Hobby Lobby Stores, Inc. (2014) decision, where the Supreme Court had ruled that a corporate, non-living entity had personhood status because it represented people’s interests and values. This earlier ruling provided an opportunity for PETA to bring in scientific evidence that could elevate the status of dogs as a living entity representing people’s interests and values.

“Dogs everywhere will celebrate this victory, along with their caregivers,” Ingrid Newkirk, founder and president of PETA said last week from her home outside Norfolk, Virginia. “It is our hope that these personhood rights will protect dogs from abuse and neglect for now and for the future, giving them the same rights as a living human being,” Newkirk added. It helped that the Leona Helmsley Charitable Trust covered the estimated $20 million in legal fees and scientific studies for the PETA claim.

Former US Solicitor General Kamala Harris, who had presented the government’s case to the Supreme Court last December, said after last week’s decision, “with this court making a dog a person, this court has made a mockery of American jurisprudence for all time. What about the rights of racial minorities to a fair trial, of women to reproductive choice, of ordinary Americans to a living wage?” Harris resigned on Friday, June 28, just hours after the PETA ruling. President Bloomberg declined comment on Harris’ resignation.

Georgetown University professor Michael Eric Dyson expressed the feelings of many Americans in opposition when he said, “The Star-Spangled Banner should be rewritten. It should be, ‘O say does that star-spangled banner yet wave, with corporations’ roaming free, and dogs over descendants of slaves!'”

What Can Brown Do For You (Now)?: 60 Years Come & Gone

16 Friday May 2014

Posted by decollins1969 in 1, Academia, Eclectic, Politics, race

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Affirmative Action, Brown v. Board of Education (1954), Colorblind Racism, Coma, Desegregation, Diversity, DNR, Higher Education, Integration, K-16 Education, Life Support, Public Education, Racial Diversity, Racial Inequality, Racism, Re-segregation, Resegregation, Schuette v. Coalition (2014), Supreme Court, Supreme Court decisions, Whiteness

What can brown do for you?, Brown Squadron, Relay for Life, 2007. (http://www.behance.net/).

Tomorrow marks the 60th anniversary of the great Brown v. Board of Education of Topeka, Kansas decision (1954), a Monday that lived in infamy among White supremacists in the South for decades, as the Supreme Court overturned the constitutional basis for Jim Crow segregation by a 9-0 vote. But six decades later, the Brown decision is in a coma and on life support, with a DNR order hanging over it, waiting for a close relative to sign. This after the Supreme Court ruled in Schuette v. Coalition to Defend Affirmative Action (2014) last month that states like Michigan can amend their constitutions via majority vote to ban affirmative action. With this 6-2 decision, the Roberts court effectively ended any serious efforts at racial inclusion and diversity in public institutions, especially public K-16 education.

While deliberate exclusion of people of color, women and other minorities from America’s public institutions remains unconstitutional (and illegal, by the way — see the Civil Rights Act of 1964), this last court decision has now made it possible for public institutions to refrain from making any effort to include anyone other than White males in admissions and hiring policies. Yet there has been a long road to travel for us to reach this point, as it has taken lobbyists, law makers and lawyers roughly forty years to wound, disable and incapacitate Brown.

Bill Schuette, (Michigan’s attorney general), with Jennifer Gratz (of Gratz v. Bollinger decision [2003] and the XIV Foundation), outside Supreme Court, Washington, DC October 2013. (Susan Walsh/AP via New York Times).

If one were old enough to remember the Swann v. Charlotte-Mecklenburg decision (1971) — the one where the Supreme Court upheld widespread busing as a methodology for public school integration — it would have seemed that the matter was settled, at least legally. After all, in the seventeen years between Brown and Swann, the court had consistently ruled in favor of policies that made racial integration the centerpiece of a strategy to bring equal opportunity to America’s public institutions. And especially during President Lyndon Baines Johnson’s administration and with Congress, between the Civil Rights Act (now weeks away from turning fifty), the Voting Rights Act (1965), the Elementary and Secondary Education Act (1965) and the Higher Education Act (1965), it seemed that segregation was itself about to be dead and buried.

Well, segregation — and the structural and institutional racism that supports it — is alive, as much as the evil undead can be alive and unwell. And the forces and people who never wanted desegregation — or worse, integration — in the first place have worked my entire lifetime for this moment. They simply took the NAACP’s legal strategy to end Plessy with Brown, just so they could strangle it while sleeping, right through the Supreme Court. Including the:

– Milliken v. Bradley decision (1974). Limited desegregation efforts in Detroit to its city limits, making it possible for suburban areas to refuse to partake in school desegregation efforts across the country.

– Bakke v. University of California at Davis decision (1978). Racial quotas for seats at colleges via admission policies found unconstitutional – race can be accounted for as part of admissions decisions, but no actual numbers should be involved.

– Missouri v. Jenkins decision (1995). Forcing the Kansas City school district to spend $200 million per year since 1990 (after 13 years of court battles) for magnet schools and busing was too much (beyond court’s remedial authority) — and forced the lower court to accept a less expensive (and less effective) desegregation plan.

– Grutter v. Bollinger and Gratz v. Bollinger decisions (2003). The split decisions upheld race as one of a plethora of criteria public higher education institutions like the University of Michigan Law School and the University of Michigan (undergraduate division) could use in their admission process, as racial diversity and equity remained a laudable goal. But the court ruled that ranking race and other factors with a numbers system was the equivalent of a quota system, making this formula — but not the policy — unconstitutional.

Flatlining EKG, March 2010. (http://potashinvestingnews.com/).

Now Brown is truly hanging by a thread, and with it, the ideal of racial equality and equality of opportunity for visible minorities. I don’t want to hear about the Texas state system’s socioeconomic admissions policies or Richard Kahlenberg’s tired argument about getting at racial diversity through the economic. Most poor students can’t afford even public institutions like the University of Texas at Austin, and Kahlenberg’s center-right argument disguises the issue of racial and economic inequality in K-12 public education.

Let’s face it while we’re still fighting — and yes, we need to keep fighting on this front. On this issue, the folks on the side of colorblind racism and segregation have all but won. Brown may well remain the most important Supreme Court decision in the history of the US. With the Schuette decision, though, we might as well find a priest to administer last rites.