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PaperclipPerfector  10mo ago (text post)   34916 thread views

Culture War Roundup for the week of June 26, 2023

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affirmative action is officially unconstitutional.

The majority opinion by Chief Justice John Roberts, which all five of his fellow conservative justices joined in, said that both Harvard’s and UNC’s affirmative action programs “unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.”

“We have never permitted admissions programs to work in that way, and we will not do so today,” Roberts wrote.

The majority said that the universities’ policies violated the equal protection clause of the Constitution’s 14th Amendment.

the decision leaves open the ability for universities to consider how an applicant's race affected their life "concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university".

universities [can still] consider how an applicant's race affected their life "concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university"

Quality of character: The resilience borne of having grown up in the oppressive anti-Black racial landscape of the United States

Unique ability: The ability to navigate hostile white environments as a Black person in a racialized body.

Don’t think for one second the judges didn’t know what they were doing. They’re not morons, they managed to allow states to ban abortion with minimal loopholes. This ruling is deliberately designed to allow everything to continue.

The problem is that Roberts is practically a progressive on this issue, while Coney-Barrett has personal circumstances that obviously make hardline opposition to affirmative action less likely. Thomas, Gorsuch, Alito and Kavanaugh are only four alone, even if they had wanted to say something else.

Edit:

In a footnote to the majority opinion in the case, Roberts indicated that the decision does not apply to the United States military academies.

So the military even received an explicit carve-out. Wow.

Asking anyone who might be willing to answer - what's the cynical take on why the military got a carve-out here? Honestly, I'm confused by this exemption and I'm having trouble imagining what prompted it. A cursory look at the "military officer affirmative action" pro and con discourse doesn't show me any novel or compelling arguments I'm not seeing already in the "affirmative action in higher education" discourse.

Maybe military academies will argue that they have other purposes besides mere education and some sort of racial discrimination might be helpful, like if they want more Arabic-speaking officers or if they need more officers comfortable with Russian or Chinese culture, or if they want say a Samoan officer able to lead Samoan troops on a mission in American Samoa, they might want to consider race in some sense.

I suspect that the Congressional nomination process for service academy applicants complicates the role of race in admission and that is a separate issue from traditional college acceptance processes.

Don’t congressmen usually nominate anyone impressive who meets the other requirements?

Right, but this is about what to do with the exceptions not the usual. What I am basically saying is that if an Asian-American from California gets rejected and an African-American from Georgia gets in, the system for how it happened is different for Harvard than it is for West Point and trying to come up with a one-size fits all for both situations is a more difficult than just trying to fix the non-military schools.

The military already measures the hell out of everything, so they dodged some of the main arguments. There's also a bunch of historical baggage about segregated units, cannon fodder, and avoiding an officer caste.

Sotomayor's dissent actually goes much further into this. In the main opinion, the majority really just says "no military academies are party to this, we're not binding them."

The footnote says:

The United States as amicus curiae contends that race-based admissions programs further compelling interests at our Nation’s military academies. No military academy is a party to these cases, however, and none of the courts below addressed the propriety of race-based admissions systems in that context. This opinion also does not address the issue, in light of the potentially distinct interests that military academies may present.

No cynical take is needed. The Court spent pages and pages on whether the interests served by affirmative action at regular universities are substantial enough to survive strict scrutiny. The interests of military academies might well be different and hence might survive strict scrutiny,and the issue was technically not before the Court, so it makes sense to leave that question for another day.

This was very helpful, thank you!

YW

It’s probably just because the military receives an explicit carve out to everything.

Does the exemption only apply to the four service academies, or does it also apply to Texas A&M and the citadel?

Just the academies, as far as I can tell.

It may just be that there's other relevant legislation applying to the military academies.

I don't know whether my take is accurate, but if I had to guess I'd say that unlike Harvard, the military does actually struggle to find qualified recruits - and if they didn't have the flexibility to lower standards, it would have an impact on military preparedness and national security.

West Point/Annapolis/etc are hard to get into, at least as measured by acceptance rates. They're not that far off from other elite American universities.

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