Friday, June 29, 2007
"The Way To Stop Discriminating On The Basis Of Race, Is To Stop Discriminating On The Basis Of Race." - Chief Justice John G. Roberts Jr.
A divided Supreme Court yesterday restricted the ability of public school districts to use race to determine which schools students can attend, a decision that could sharply limit integration programs across the nation.
The nine justices split decisively along ideological grounds, with a five-justice majority ruling that school admission programs in Seattle and Louisville violated the Constitution's guarantee of equal protection to individuals. Educators said the decision may lead many districts to drop efforts at racially balancing schools.
In a dramatic 45 minutes on the final day of the court's term, three justices took turns reading sometimes-biting opinions that portrayed the ruling as either the natural affirmation or a bitter betrayal of the landmark Brown v. Board of Education desegregation decision of 1954.The disturbing part of this decision is that the Conservatives seem to understand the purpose of the race based school plans is completely different than race based school plans that excluded children from schools, yet they fail to believe that there is anything that can be done about it.
This misreading seems to completely ignore INTENT which is a foundation of the American Legal System. The courts have been designed for intelligent discussion of the intentions of the actors that appear before it.
If you kill someone, a HUGE question asked by the legal system in America is WHY. Why did you shoot that man? "Well your honor, because he was raping and strangling a 6 year old girl" is a hugely different answer than "I shot him because he was black." The intentions of the actors matter.
The court today noted the INTENT of the school systems, "Before Brown, schoolchildren were told where they could and could not go to school based on the color of their skin," Chief Justice John G. Roberts Jr. wrote for a plurality that included Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. "The school districts in these cases have not carried the heavy burden of demonstrating that we should allow this once again -- even for very different reasons."
The statement "Even for very different reasons" clearly spells out that the Conservatives on the Court are well aware that the intentions of the school plans is not EXCLUSION but INCLUSION, which was a foundation of Brown v. Board of Education. The court ignores this distinction.
Roberts even wrote ""Simply because the school districts may seek a worthy goal does not mean they are free to discriminate on the basis of race to achieve it." This complete misunderstanding of the basic meaning of DISCRIMINATION by the Chief Justice is appalling. (Just for the record here's the definition: Discrimination- unfair treatment of a person or group on the basis of prejudice.) The court acknowledges that prejudice isn't driving the school districts in these cases, but ignores it.
Justice Thomas took this smoke and mirrors concept one step further in a concurring opinion that the dissenters would "constitutionalize today's faddish social theories . . . if our history has taught us anything, it has taught us to beware of elites bearing racial theories." Apparently acknowledgment of the benefits of integration are "faddish social theories" according to Justice Thomas. By this reasoning, Justice Thomas should NEVER have been appointed to the bench. If race hadn't been a factor in George H.W. Bush's decision to appoint Justice Thomas to replace Thurgood Marshall, then the current makeup of the Supreme Court would be all white. NO ONE would argue that Thomas was appointed because of his Judicial Qualifications alone. No one. And to ignore this mocks the appointment of Justice Thomas. He's a fraud.
Today's decision takes the concept of color blindness to a ridiculous level.
From now on when someone claims to have been discriminated on the basis of race, the court will be forced to ignore their race in making a decision on whether or not they have been discriminated against and ignore their race in fashioning a remedy. This is fucking ridiculous.
"The Way to Stop Discriminating on the Basis of Race, is to stop discriminating on the basis of race" is going to go down in history with some other famous appalling pronouncements of the court. Chief Justice Roberts willfully ignores the intent of the actors and labels the actions of the school boards "discrimination" when their actions weren't designed to discriminate, but to INTEGRATE. The Chief Justice has willfully perpetrated a FRAUD on the American public with his deceitful slight of hand.
What the New Bush Roberts Court was really trying to say was "Dear Black People, Shut Up and Quit Complaining. Discrimination no longer exists and is a figment of your imagination. Don't tell me you can PROVE that you've been discriminated against because when you bring it up my answer to you is going to be..... You're Black? I'm sorry, I don't see race. I'm colorblind."
Just my thoughts.
Hugs and Kisses,