Sweet! Stirred the pot. My work here is done. Judah McAuley wrote: > Uh, it was a 5-4 ruling. They disagreed with the ruling of a 3 judge > panel, only one member of which was Sotomayor. The appeals court > ruling was upholding a lower court ruling. This decision was not about > Sotomayor. > > You might want to look at the actual facts and decisions in the case > as well instead of polarizing political discussion. The ruling at the > appeals court level said that the test should be thrown out because > the law in question required it to be thrown out due to the outcome of > the test. The lower court and appeals court showed deference to > Congress and the way they wrote the law. The Supreme Court today > overturned Congress on said that the outcome of the test shouldn't be > the primary determinant of its fairness. > > I don't know if Sotomayor is a racist or not. I'd guess not. But this > case was actually about showing deference to Congress (that whole > judicial restraint thing you know) and applying the law as written. > The Conservative-leaning Supreme Court was the one overturning the > will of Congress, which I kept getting told by right-wing folks is > Bad...except of course when you agree with overturning the will of > Congress and legislating from the bench. > > I really don't have any particular issue with this Supreme Court > ruling, actually. I think it will complicate matters immensely in the > short term, but we do need to reasses the concept of "fairness" and > affirmative action and how things should be applied. I hope that this > is a wake up call for Congress and society to revisit the issue and > come (hopefully) to something approaching a new consensus. > > Judah > > >
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