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VitalSigns
Sep 3, 2011

fart blood posted:

This whole thing is so absurd.

So let's assume this Abigail Fisher person wins her Supreme Court case...what exactly is she accomplishing? The school isn't going to say "gosh you showed us" and accept her, are they?

Obviously Abigail Fisher sucks and I hope she loses, but there's a good reason people are allowed to sue in constitutional cases like this even if the issue is moot by the time it reaches the Supreme Court, and that reason is Roe v Wade.

If you lose standing the instant enough time passes for a remedy to be impossible, then women can never challenge state abortion restrictions ever because you ain't getting before the Supreme Court in less than 9 months.

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FAUXTON
Jun 2, 2005

spero che tu stia bene

So this all basically began because a mediocre white person demanded admission to the school that turned her down because they had a policy of evaluating people on qualities beyond SAT/ACT/GPA and somewhere along the line someone with better scores and GPA who had dark skin got in and "took her spot."

This bullshit about schools having to exclude non-academic factors is like poo poo the stereotypical libertarian systems "engineer" yaps about while he's handling service tickets all day. Universities are incubators of culture too, but I guess STEM are the only things worth going to school for.

MrNemo
Aug 26, 2010

"I just love beeting off"

Hey if you can't point to a meritocractic, objectively measurable and independently responsible factor for my selection/non-selection, I should be able to sue because that's reverse discrimination.

What do you mean the school I went to has a much higher per-capita budget, teaching staff and facilities so that means the guy that got the same grades as me is more deserving? I can't control the school I went to! It's not my fault I had advantages which managed to propel me to the same testing levels as some darkie! Why should he get the place instead of me?

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

SedanChair posted:

What kind of personality does Kennedy have? I only ever get the impression that he is a simpleton who is titillated by the historical significance of his own cowardice and lack of principles.

I don't think it's entirely appropriate to call any of the Supreme Court justices simpletons. (That's why Harriet Miers didn't get confirmed! :haw: )

He's certainly pretty boring outside of the SC. Big on prison reform but does absolutely nothing else interesting.

FAUXTON
Jun 2, 2005

spero che tu stia bene

MrNemo posted:

What do you mean the school I went to has a much higher per-capita budget, teaching staff and facilities so that means the guy that got the same grades as me is more deserving? I can't control the school I went to! It's not my fault I had advantages which managed to propel me to the same testing levels as some darkie! Why should he get the place instead of me?

- Justice Scalia, responding on petitioner's behalf.

GreyjoyBastard posted:

I don't think it's entirely appropriate to call any of the Supreme Court justices simpletons. (That's why Harriet Miers didn't get confirmed! :haw: )

He's certainly pretty boring outside of the SC. Big on prison reform but does absolutely nothing else interesting.

He teaches law courses in Austria between sessions, according to Wiki.

FAUXTON fucked around with this message at 04:15 on Dec 12, 2015

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

fart blood posted:

This whole thing is so absurd.

So let's assume this Abigail Fisher person wins her Supreme Court case...what exactly is she accomplishing? The school isn't going to say "gosh you showed us" and accept her, are they? So does she really, really want to go down in history as the face of the end of Affirmative Action?
Well it worked for Bakke, who ended up attending UC Davis law school after suing in exactly the same fashion.

Interestingly I'm sure the discourse about the potential consequences was very similar since at the time quotas were pretty much the only form of affirmative action.


If Fisher wins I imagine you'll see something similar to post prop-209 California -- race-conscious admissions have been technically illegal here since the 90s, but the public universities still maintain offices of affirmative action. They just focus on stuff like outreach efforts while the admissions committees use fuzzier admissions criteria such as heavily weighting an essay prompt about how you've overcome adversity in your life circumstances.

alnilam
Nov 10, 2009

ShadowHawk posted:

Well it worked for Bakke, who ended up attending UC Davis law school after suing in exactly the same fashion.

Interestingly I'm sure the discourse about the potential consequences was very similar since at the time quotas were pretty much the only form of affirmative action.


If Fisher wins I imagine you'll see something similar to post prop-209 California -- race-conscious admissions have been technically illegal here since the 90s, but the public universities still maintain offices of affirmative action. They just focus on stuff like outreach efforts while the admissions committees use fuzzier admissions criteria such as heavily weighting an essay prompt about how you've overcome adversity in your life circumstances.

This is basically what I think. Universities generally want to be more diverse (and the ones that don't probably aren't using AA anyway so this case doesn't affect them), and college admissions have enough subjectivity in them and big enough applicant pools that you could easily meet diversity targets without straying too far from the hard numbers and without having an official affirmative action policy.

Badger of Basra
Jul 26, 2007

Haven't minority student populations at UC schools fallen though?

shrike82
Jun 11, 2005

Not sure universities give a poo poo about diversity outside of AA being foisted on them.

Pervis
Jan 12, 2001

YOSPOS

Badger of Basra posted:

Haven't minority student populations at UC schools fallen though?

It shifted around - more Chinese and less poorer minorities is the trend I remember. I think white actually remained mostly the same - there was some local joke that support for ending affirmative action dropped somewhat when (white) people realized that it wouldn't actually mean more white students. I'm not sure about american-born Chinese vs PRC vs Taiwan though, so an increase in foreign students could be hiding in the data.

http://www.cpec.ca.gov/StudentData/StudentSnapshot.ASP?DataReport=UCEth
http://opa.berkeley.edu/uc-berkeley-fall-enrollment-data

computer parts
Nov 18, 2010

PLEASE CLAP

shrike82 posted:

Not sure universities give a poo poo about diversity outside of AA being foisted on them.

I know promoting women in engineering is a big thing right now, but when the average gender ratio is about 80% men, that's fairly understandable.

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

shrike82 posted:

Not sure universities give a poo poo about diversity outside of AA being foisted on them.

It probably varies from admissions department to admissions department but I would guess that they do, especially since affirmative action has never been required to my knowledge, only permitted, and that private schools are pretty much wholly unaffected by this jurisprudence (though a policy shift in public schools certainly bears on them, it just doesn't bind them).

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


shrike82 posted:

Not sure universities give a poo poo about diversity outside of AA being foisted on them.

Did you know that many universities in states that have explicitly banned AA still practice it as closely as they can? Not everyone is a bigot, Friend.


Also I just learned the same man, stockbroker Edward Blum, that bankrolled Shelby County is bankrolling Fisher. He's apparently launched dozens of similar cases over the years. What a horrid human being.

Stultus Maximus
Dec 21, 2009

USPOL May

shrike82 posted:

Not sure universities give a poo poo about diversity outside of AA being foisted on them.

They do if the football team walks out! :haw:

Bel_Canto
Apr 23, 2007

"Pedicabo ego vos et irrumabo."
AA has been illegal for Michigan public schools for a few years now, and Black enrollment in particular is in a death spiral right now at the U of M. The university has been steadily piling on tuition costs for years, and if you combine that with the ludicrous housing market in Ann Arbor, you end up with a school that is pretty clearly trying to attract the rich white kids from Grosse Pointe and West Bloomfield and doing its level best to keep Black kids from Detroit out.

alnilam
Nov 10, 2009

Welp nevermind then, I guess my experiences were not the norm

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

Bel_Canto posted:

AA has been illegal for Michigan public schools for a few years now, and Black enrollment in particular is in a death spiral right now at the U of M. The university has been steadily piling on tuition costs for years, and if you combine that with the ludicrous housing market in Ann Arbor, you end up with a school that is pretty clearly trying to attract the rich white kids from Grosse Pointe and West Bloomfield and doing its level best to keep Black kids from Detroit out.

This is interesting, especially since if I recall correctly a lot of the drive for the statewide ban (which I think was also a referendum versus legislative action) was a lot of grousing about out of staters.

Badger of Basra
Jul 26, 2007

I bet there are at least a few college administrators who wish they could do straight up quotas. It would make accommodating the demands of the recent campus protests a lot easier.

shrike82 posted:

Not sure universities give a poo poo about diversity outside of AA being foisted on them.

Also I'm pretty sure most AA programs are voluntary. UT isn't going to be happy if theirs gets taken away.

alnilam
Nov 10, 2009

There are definitely SOME universities who legit care about student diversity, probably because they recognize that it's good for business. Probably a minority of them though.

shrike82
Jun 11, 2005

How is it good for business? I guess schools could spin international students paying out of state fees as a form of diversity but I doubt that's what people mean by it,

Forever_Peace
May 7, 2007

Shoe do do do do do do do
Shoe do do do do do do yeah
Shoe do do do do do do do
Shoe do do do do do do yeah

alnilam posted:

There are definitely SOME universities who legit care about student diversity, probably because they recognize that it's good for business. Probably a minority of them though.

Or, less cynically, people in the field of education administration are genuinely interested in the effective administration of education. The research is pretty clear that A) race is one of the factors that is useful to consider when identifying the students that would receive the greatest marginal benefit of admission, and B) a diverse student body is good for everybody. Insulating white kids in segregated enclaves manufactures graduates that don't know how to work or interact with people who don't look like them.

Plus, younger generations actually value diversity, so a diverse student body is value proposition. This is a pretty radical change from previous generations (see: any story on educational desegregation for the past 100 years).

shrike82
Jun 11, 2005

Again, there's a lot of false assumptions being made e.g., younger people being in favor of diversity/AA.

Haven't there been surveys showing skepticism on the part of millennials about AA?

A survey conducted by MTV asked 3,000 Millennials ages 14 to 24 their thoughts on race-related issues, including affirmative action for college acceptance, in May. And what it found was seemingly paradoxical: 90 percent of Millennials surveyed “believe that everyone should be treated the same regardless of race,” yet 88 percent opposed affirmative action.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

shrike82 posted:

Again, there's a lot of false assumptions being made e.g., younger people being in favor of diversity/AA.

Haven't there been surveys showing skepticism on the part of millennials about AA?

A survey conducted by MTV asked 3,000 Millennials ages 14 to 24 their thoughts on race-related issues, including affirmative action for college acceptance, in May. And what it found was seemingly paradoxical: 90 percent of Millennials surveyed “believe that everyone should be treated the same regardless of race,” yet 88 percent opposed affirmative action.

:psyduck:
That's not paradoxical though. Plenty of people see AA as being a leg-up and not an equalizer and for those people believing in equality while being against AA is a consistent viewpoint.

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.
Yeah, I'd be extremely hesitant about putting forward a narrative where younger generations are more likely to value diversity, or even if they do, to support policy. If anything, younger Millennials seem less likely to be on board with tangible efforts to further diversity.

Then again, surveying (in part) fourteen year olds seems like a great way to generate noise.

Of course, it's not a coincidence that the whole conversation has to be framed around diversity.

archangelwar
Oct 28, 2004

Teaching Moments

Evil Fluffy posted:

:psyduck:
That's not paradoxical though. Plenty of people see AA as being a leg-up and not an equalizer and for those people believing in equality while being against AA is a consistent viewpoint.

Given that I still hear people talk about AA in terms of quotas, such attitudes are not surprising. I don't think I could trust an MTV poll to represent educated views on the topic.

UTs form of AA could easily be replaced but would always have to walk a delicate line in terms of reporting that is unnecessary and burdensome.

shrike82
Jun 11, 2005

It'd be cool to see the fallout of AA being killed in university campuses/admissions in terms of seeing the student demo changes.
Obviously the black population would go down but there'd be second order effects on stuff like Asians.

computer parts
Nov 18, 2010

PLEASE CLAP

Forever_Peace posted:

B) a diverse student body is good for everybody. Insulating white kids in segregated enclaves manufactures graduates that don't know how to work or interact with people who don't look like them.


And again, this is what's pushed a lot in engineering education these days. A side effect of globalization is the idea that you'll have to meet and interact with people from around the globe.

shrike82
Jun 11, 2005

Aren't STEM programs heavy on Chinese and Indians? Again, what are people defining as diversity?

computer parts
Nov 18, 2010

PLEASE CLAP

shrike82 posted:

Aren't STEM programs heavy on Chinese and Indians? Again, what are people defining as diversity?

It depends heavily on the school, the program, and what exactly you mean by STEM.

Typically for engineering there's decent non-white representation, but very little traditional minority representation (i.e., black & Hispanic), and abysmal gender ratios. In more pure science fields there's a better gender ratio but traditional minorities are still kinda hosed.

The Warszawa
Jun 6, 2005

Look at me. Look at me.

I am the captain now.

shrike82 posted:

It'd be cool to see the fallout of AA being killed in university campuses/admissions in terms of seeing the student demo changes.
Obviously the black population would go down but there'd be second order effects on stuff like Asians.

Not really sure "cool" is the word.

shrike82 posted:

Aren't STEM programs heavy on Chinese and Indians? Again, what are people defining as diversity?

Typically, race-conscious programs are targeted at what schools call "underrepresented minorities," which can vary a lot based on how particularized schools are willing to get (some are more particularized than others). For example, Asian Americans may not be included, but if a school digs deeper it may include Vietnamese and Hmong-descent applicants. Hispanic applicants may be included broadly, but similarly if broken down further Cuban-Americans may not be included.

eSports Chaebol
Feb 22, 2005

Yeah, actually, gamers in the house forever,

Badger of Basra posted:

I bet there are at least a few college administrators who wish they could do straight up quotas. It would make accommodating the demands of the recent campus protests a lot easier.

It's really easy to imagine a future where AA is banned and yet colleges are harangued (including by people who were against AA!) for a lack of diversity.

OniPanda
May 13, 2004

OH GOD BEAR




Bel_Canto posted:

AA has been illegal for Michigan public schools for a few years now, and Black enrollment in particular is in a death spiral right now at the U of M. The university has been steadily piling on tuition costs for years, and if you combine that with the ludicrous housing market in Ann Arbor, you end up with a school that is pretty clearly trying to attract the rich white kids from Grosse Pointe and West Bloomfield and doing its level best to keep Black kids from Detroit out.

Uh, how exactly is it in a death spiral when it's remained almost unchanged? Now while I'd prefer U of M's numbers be different (less white) than what they are, the numbers don't exactly bear out your assertion. And again, how exactly is Ann Arbor's housing and rental prices, already historically one of the highest in Michigan and with the financial crash driving up rental prices across almost the entire country, the machinations of the school to keep blacks out? Rising tuition price is not just a thing at Michigan, it's endemic to higher ed as a whole.

Now while it's just the public face, Michigan makes a good front of diversity and inclusion, and my interaction with the school and staff lead me to give them the benefit of the doubt. Especially when compared to your wild claims that don't stand up to scrutiny.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

The Warszawa posted:

Yeah, I'd be extremely hesitant about putting forward a narrative where younger generations are more likely to value diversity, or even if they do, to support policy. If anything, younger Millennials seem less likely to be on board with tangible efforts to further diversity.

Then again, surveying (in part) fourteen year olds seems like a great way to generate noise.

Of course, it's not a coincidence that the whole conversation has to be framed around diversity.

It doesn't help that school segregation has been increasing recently: you've got a bunch of white kids who have never been around a black kid being polled.

PerniciousKnid
Sep 13, 2006

WhiskeyJuvenile posted:

It doesn't help that school segregation has been increasing recently: you've got a bunch of white kids who have never been around a black kid being polled.

I wonder how the polling now would compare to the 50s (pre-desegregation) and 70s, i.e., does resegregating impact opinion.

Bel_Canto
Apr 23, 2007

"Pedicabo ego vos et irrumabo."

OniPanda posted:

Uh, how exactly is it in a death spiral when it's remained almost unchanged? Now while I'd prefer U of M's numbers be different (less white) than what they are, the numbers don't exactly bear out your assertion. And again, how exactly is Ann Arbor's housing and rental prices, already historically one of the highest in Michigan and with the financial crash driving up rental prices across almost the entire country, the machinations of the school to keep blacks out? Rising tuition price is not just a thing at Michigan, it's endemic to higher ed as a whole.

Now while it's just the public face, Michigan makes a good front of diversity and inclusion, and my interaction with the school and staff lead me to give them the benefit of the doubt. Especially when compared to your wild claims that don't stand up to scrutiny.

Dude, a drop from 7.2% of the student body to steadily below 5% is not "staying the same." And the university is perfectly able but not willing to push for better enforcement of tenant laws, and has insisted on adding mandatory meal plans to the cost of living in university housing, making that a lovely option for poor students, a disproportionate number of which are students of color. I've lived here for three and a half years now and repeatedly spoken to members of admissions: they're admitting plenty of Black students, but enrollment has tumbled disproportionately to the drop in admissions.

KOTEX GOD OF BLOOD
Jul 7, 2012

http://www.nytimes.com/2016/01/07/us/top-alabama-judge-orders-halt-to-same-sex-marriage-licenses.html

quote:

ATLANTA — The chief justice of the Alabama Supreme Court, Roy S. Moore, on Wednesday ordered probate judges in the state not to issue marriage licenses to same-sex couples, a move that could cloud the carrying out of the United States Supreme Court decision that legalized same-sex unions.

Within hours of the administrative order, the probate court in Mobile County said on its website that it was “not issuing marriage licenses to any applicants until further notice.” That probate office, among the busiest in Alabama, was involved in the litigation that last year prompted a federal judge in Mobile to strike down the state’s marriage restrictions as unconstitutional.

Chief Justice Moore previously used an administrative order to try to derail same-sex nuptials in Alabama. On a Sunday night last February, hours before same-sex marriages were scheduled to begin in the state, he issued a similar order to probate judges, most of whom defied the edict.

On Wednesday, Chief Justice Moore, who is among the country’s most prominent religious conservatives, argued, in part, that probate judges should not issue marriage licenses to same-sex couples because of a pending State Supreme Court case. The fact that the case pending before the state court is at odds with the Supreme Court decision, he said, has prompted “confusion and uncertainty” among Alabama’s probate judges about how to apply the federal court’s opinion in Obergefell v. Hodges, which established a constitutional right to same-sex marriage.

“Many probate judges are issuing marriage licenses to same-sex couples in accordance with Obergefell; others are issuing marriage licenses only to couples of the opposite gender or have ceased issuing all marriage licenses,” the chief justice wrote. “This disparity affects the administration of justice in this state.”

The chief justice’s order prompted immediate criticism from supporters of same-sex marriage, who said they would be monitoring probate offices in Alabama’s 67 counties.

“Roy Moore is obstructing same-sex couples’ access to marriage, which they are constitutionally guaranteed,” said Sarah Warbelow, the legal director of the Human Rights Campaign. “This is just more of his shenanigans. It’s about him and his personal beliefs at this point, rather than carrying out the rule of law.”

Legal experts also questioned the chief justice’s order, which they said clearly veered from the Supreme Court’s opinion.

“Ordering the state’s probate judges to refuse to issue marriage licenses to all couples who seek them constitutes an exercise in futility,” Ronald Krotoszynski, a law professor at the University of Alabama, wrote in an email. “At best, it sows chaos and confusion; at worst, it forces couples to bring federal court litigation in order to exercise a clearly established federal constitutional right.”

The chief justice’s action also put him in conflict with other Alabama officials. Last summer, Attorney General Luther Strange, who also opposed same-sex marriage, acknowledged the authority of the United States Supreme Court’s decision.

“While I do not agree with the opinion of the majority of justices in their decision, I acknowledge that the U.S. Supreme Court’s ruling is now the law of the land,” Mr. Strange said in June. “Short of the passage of a constitutional amendment protecting marriage as between one man and one woman, the U.S. Supreme Court has the final say.”
Ginsburg sighed as she drew her katana

FAUXTON
Jun 2, 2005

spero che tu stia bene

Luther Strange sounds like a name you'd run across in a goddamn Kojima game.

Not My Leg
Nov 6, 2002

AYN RAND AKBAR!

This is just weird, because I'm not sure what ability the Chief Justice of the Alabama Supreme Court actually has to order Probate Judges to do anything. Yes, he technically oversees the entire court system, but Probate Judges are elected officials, and they don't serve at the pleasure of the Chief Justice, they serve six year terms unless impeached. So, if they disobey Roy Moore's order, what's the consequence. He can't do anything about it.

I suppose Roy Moore could file a complaint with the state ethics commission if probate judges disobey him, but that seems unlikely, given that last time Roy Moore tried to stand up to a federal court order the state ethics commission removed him from office.

eviltastic
Feb 8, 2004

Fan of Britches

Not My Leg posted:

This is just weird, because I'm not sure what ability the Chief Justice of the Alabama Supreme Court actually has to order Probate Judges to do anything. Yes, he technically oversees the entire court system, but Probate Judges are elected officials, and they don't serve at the pleasure of the Chief Justice, they serve six year terms unless impeached. So, if they disobey Roy Moore's order, what's the consequence. He can't do anything about it.

I suppose Roy Moore could file a complaint with the state ethics commission if probate judges disobey him, but that seems unlikely, given that last time Roy Moore tried to stand up to a federal court order the state ethics commission removed him from office.

Upon looking this up, I have learned that Alabama probate judges do not need to be lawyers. Ok then.

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Kalman
Jan 17, 2010

eviltastic posted:

Upon looking this up, I have learned that Alabama probate judges do not need to be lawyers. Ok then.

Neither do federal judges, including US Supreme Court justices, technically. (All of the Supreme Court justices have been - I can't say for sure if all district/circuit court judges have.)

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