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Friday, April 25, 2014

Democracy: What a Concept

Krauthammer praises the strong majority Supreme Court decision upholding Michigan's law that prohibits the state from discriminating either for or against any citizen on the basis of race.  He's right. The Courts should not be overturning popular votes unless they contradict explicitly the constitution. (I believe the same thing about the Affordable Care Act too--that was an issue decided by the Congress, and not explicitly unconstitutional--but most conservatives disagree with me.)

Note that Ruth Bader Ginsberg joined the opposition.  Famously, she criticized the Roe v. Wade decision because it created great social division when the "reforms" on abortion were already being untaken politically by the states.  Now that state reform is proceding against affirmative action, she doesn't support popular sovereignty. 

One thing about Michigan: it takes this law very seriously.  Anecdote: When I was recruiting for a federal agency, the University of Michigan administration forbade us from individual meetings with advocacy groups based on ethnic or racial identification.  No privileging one group over another. So, no individual sitdowns with the Black Student Union, or the Latinos, or Asians, or what have you.  We therefore held meetings open to all students, regardless of race, ethnicity, or gender.  (I didn't sense that that university admin types liked this, but they enforced it.)  Go Michigan!
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