calbear93 said:
dajo9 said:
calbear93 said:
dajo9 said:
calbear93 said:
dajo9 said:
That Twitter account is real as a $3 bill
If you believe affirmative action is necessary (which I don't), what part of the substance of that tweet do you disagree with? And if you disagree with it, why is affirmative action necessary?
My post was about using a fake account to make Democrats look dumb. But since you asked, affirmative action is a good thing because we have an uneven playing field derived from centuries of bigotry and systemic racism. That's very different from saying "no" black person can succeed. It's an acknowledgment that it is harder for black people to succeed.
So, under this racist nation that has an uneven foundation, blacks as community cannot succeed as a collective on a merit-based system? Or is it just harder that they can overcome if they put little more shoulder into it. Because if it's that, then affirmative action definitely is unconstitutional since it is not narrowly tailored to address a compelling state interest. So, your pivot on "harder' doesn't work. So, why, under our constitution, is it OK for state bodies to discriminate based on race? How does that survive strict scrutiny on state action that discriminates based on race?
If it is because blacks cannot succeed on a merit-based system, then there is a compelling state interest and maybe affirmative action without quotas is narrowly tailored. Otherwise, it doesn't work.
So, what part of the tweet do you disagree with or is your objection that, while you agree with the substance, it is from a bot account?
You're really itching for arguments tonight aren't you? I long ago stopped arguing affirmative action with people. Most people don't have the mental maturity for the concept.
Deflection.
You clearly do not understand the strict scrutiny standard of judicial review for determining constitutionality when there is law or action that involves suspect classification like race.
And since you don't understand it, you say I lack mental maturity. OK. That must be it.
I tend to agree with dajo that this is not a worthwhile discussion but I'm also not sure why you are bringing the legal standard of review into the discussion.
SCOTUS previously found that affirmative action was permissible under strict scrutiny because it served a compelling interest and was narrowly tailored. The court today said it fails on both counts. I don't think anything has changed except the political makeup of the court. This isn't a result of a ground swell of public support, a change in underlying conditions or a result of some fundamental shift in society. It's just that that Leonard Leo was able to get more of his guys on the court. That's it, nothing more. If Clinton had won in 2016, we wouldn't be having this discussion.
We've long since passed the point where anyone can credibly pretend that the "interpretation" of the constitution isn't arbitrary and capricious at times. Just about everyone on the political spectrum can come up with examples that they like and don't like which show this.
I'll give one example where I agreed with the judge - in Heller Scalia claimed that the 2nd amendment does not guarantee a right to short-barreled shotguns. His argument is that those types of guns weren't commonly in use by law-abiding citizens when the 2A was drafted. I think his argument is arbitrary and capricious. I'm sure we could go back and forth for quite some time with other examples.
The other thing worth noting is that this SCOTUS pays little heed to settled precedent. During confirmation they pay minor lip service to it but they won't hesitate to overturn cases they disagree with in the least. It's not just our SCOTUS either, the North Carolina supreme court flipped last year and immediately overturned a case that had been decided by the same court just a few months prior on voting rights.