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@berkeleylaw

Funny thing is how the last paragraph dovetails with the Court's reasoning.

@rdfranke

Ah, but that's not part of the game.

Innocence of perjury is not a requirement for being on the Court.

Maybe it should be, but at this point, it's not.

@corsent

Well, the people we keep electing are apparently cool with that, so, yep.

We need to stop electing and reelecting these jerks. So long as we vote them back into office, I guess we're satisfied with it.

@mpoletiek

I think there's a difference in that the entire executive authority of government is explicitly organized around this one, electable, accountable, and impeachable figure.

What is the alternative that's so much better that it would replace the presidential system?

King was replaced by parliament because parliament was better than king. What's the better alternative to president?

@shoq

@danwentzel

Well there IS a magic bullet of sorts: if we don't like a law, we should pass a better law!

If we don't like how Title VI of the Civil Rights Act interacts with college admission, then let's fire the silver bullet of reforming it to sanction affirmative action.

This is on us. We elect the jerks who haven't fixed these laws in all this time.

Let's elect better lawmakers.

@hteasley

Title VI of the Civil Rights Act isn't exactly known for having been driven forward by movement conservatives trying to enshrine white rule.

But I suppose if it was, well, even more reason to reform it.

@rdfranke

Which justice was not appointed with the consent of the Senate?

@toddbohannon

The reason that sort of line is so at odds with reality is that the Court doesn't have the authority to entrench anything. It can only call out action that's at odds with democratically developed law.

The Supreme Court can't tell universities how to admit students. It can point out when their means of admission run afoul of law, but it can't dictate to them the way to act.

The quote here misrepresents the actual functioning of the Court in the US system of government, and that's its fatal flaw.

US politics 

@ScienceisWhere

I think it's key that so many of these issues have been talkingpoints for years, so we've had plenty of warning that we needed to revisit and reform laws that were on shaky ground, but we didn't elect legislators who'd do it.

We were warned for generations. We didn't heed the warnings. So here we go.

@DaveMWilburn

It's a statement of fact...

There's no argument here. The fact is, the question before the court was about this legislation.

I'm not doing any analysis here or making any statements of value. This is flat out the question presented to the Court, and I believe I linked to it above.

@samweingamgee

Alito and Thomas were appointed with the consent of the Senate. That's all it takes to be a legitimate justice under the US system.

So yes, they are legitimate.

Same goes to this nonsense about a stolen seat. No, every member on the court was appointed with the consent of the Senate.

It does no good to go down those dramatic narratives instead of just focusing on improving the world we actually live in.

@popcornreel

Well, Roberts didn't rule in favor of Black voters last week. That wasn't a question before the Court.

Roberts did rule against a legislature trying to apply federal rights against a state court, though.

It's important to be clear about what the Court is and is not saying, as those are the precedents that work through the system.

@danwentzel

And yet, somehow they manage to do good work.

The US system of checks and balances is designed to fit self-interested groups against each other, to check each others' evils, and produce positive outcomes even out of very flawed human beings.

SCOTUS is quite the exception that proves the rule, that shows how well designed governmental systems can actually function.

@Pattyagray

I wasn't referring to you specifically, but then I think your comment may have illustrated what I was saying pretty well :)

When someone's talking about context they're not talking about what the ruling actually said.

A lot of people do confuse those two, often saying they're talking about the ruling when they're really talking about their idea of context, speculation about what they think the ruling *means* while presenting that as what the ruling *says*.

It's the whole analysis vs factual reporting contrast.
@realcaseyrollins

@Pattyagray

Exactly!

We talk about legal durability, things that can be counted on, that won't be subject to the whims of a judge.

And so, if we want affirmative action to be durable, to be stable, then it needs to be sanctioned in law, same as with abortion issues.

So long as these issues are left up to judicial discretion we go year after year waiting to see if a judge is going to change their mind.

This is a matter for the legislative branch. SCOTUS here has removed its finger from the scale, giving us a great opportunity to have our democratic process resolve the matter.

@realcaseyrollins

@DaveMWilburn

The question before the court was over the application of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

supremecourt.gov/docket/docket

Folks complaining about the ruling on admissions based on what society should do are missing that the Court doesn't have authority to judge based on evaluations of what we should do.

It is to judge based on what our democratic process has said, by law, that we should do.

If we need to change the law, great! Maybe we do need to revisit and update the Civil rights act of 1964.

So let's yell at the Congress to get that done.

Yelling at SCOTUS for acts of the legislature that they don't have power over is, if anything, distraction from making progress on legal reforms that are apparently needed.

@tsyum

The opinion goes through the ways in which these admissions systems run afoul of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

supremecourt.gov/opinions/22pd

@realcaseyrollins

Yep.
Unfortunately, there is no alternative to reading things for oneself these days, since there is misinformation left and right.

@Pattyagray

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