The Rehnquist and Burger courts have substantially abated the areas of legality of affirmative action ( not just in higher education) pursuant to the reverse discrimination doctrine with a perverse interpretation of the 14th Amendment. It is perverse because the 14th Amendment was made law with the idea of abating discrimination against Black people , and not vica versa, because there was no reverse discrimination at the time, and even the most racist slave owner would have found it absurd to think of discrimination in favor of Black people as a problem.
Anyway, that at law there are theoretically a few tiny islands of potential legal affirmative action does not compensate for the dominant trend of court decision results holding affirmative action plans illegal, leading to your prediction that the Univ. of Mich plan will lose in the 6th Circuit.
Charles
>>> jkschw at hotmail.com 11/15/00 12:45PM >>>
The law _as it literally reads,_ if you look at the cases, does not ban
affirmative action, and in fact allows for it. I wrote a comment on this in
the Ohio State L.J. for 1997; it's posted on the net, I believe. I don't
think the law is in accord with a proper read of the 14A, but it would allow
for affirmative action in lot of contexts. The problem is that even the S.Ct
does not actually apply the law it writes. --jks
>
>The racist reverse discrimination doctrine of the Rehnquist and Burger
>Supreme Courts is the law of the land, woeful perversion of the 14th
>Amendment.
>
>The bourgeoisie's judges are no more to be trusted than the bourgeoisie's
>politicians.
>
>CB
>
> >>> jkschw at hotmail.com 11/14/00 05:19PM >>>
>It's virtually certain that affirmative action in public higher education
>is
>doomed. I cannot imagine the 6th Circuit coming out in favor of it. Even
>the
>normally liberal 1st Circuit rejected it.
>
>--jks
>
>
> >
> >Whether union-busting or affirmative action or anything else, court
> >battles have been mainly defensive, unable to generate solidarity
> >beyond the individuals who are directly & immediately affected by the
> >outcome. As it happens, if the University of Michigan loses the
> >above lawsuits, affirmative action at the OSU, too, will go down, but
> >most OSU faculty (even those who are ostensibly in favor of it) &
> >students have shown very little willingness to fight in public to
> >preserve it.
> >
> >Yoshie
>
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