The Supreme Court just added to its "train-whistle docket. jonathanturley.org/2021/10/03/tra… It granted review in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v. University of North Carolina on race and college admissions.
We previously discussed the Harvard case involving an alleged bias against Asian applicants. jonathanturley.org/2019/10/02/fed… The cases will test the new conservative majority on the issue of racial preferences in admission.
...This issue has fractured the Court in the past and led to a maddening system of conflicting rulings. jonathanturley.org/2013/06/24/a-f… There is now a chance for a bright-line rule to emerge from the Court.
...Indeed, some seem to be anticipating such a ruling and are moving to simply drop standardized testing as an admissions factor. While there are other reasons cited for the change, the move will make it more difficult to challenge race-based admissions. jonathanturley.org/2021/05/31/wil…
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While avoiding the obvious content-discrimination by the student senate, Stanford just reversed the denial of funding for the speech by former Vice President Michael Pence. thefire.org/stanford-unive… While technical and narrow, the ruling is the correct one. jonathanturley.org/2021/12/07/sta…
...Stanford was not subject to the First Amendment limits on content-based viewpoint discrimination. Yet, while "courts" will often avoid constitutional questions in favor of statutory interpretations, it would have been welcomed to see "dicta" on the abuse of this authority...
President Biden just repeated that the next election in 2022 could "easily be made illegitimate." He added that the increase the prospect of being illegitimate is in direct proportion to us not being able to get these reforms passed." thehill.com/opinion/campai…
He just snapped at a reporter over his Atlanta speech who brought up the Bull Connor line. He said look at the speech and denied he never said that they were actually Bull Connor. Since Connor died in 1973 that is clearly true.
...This is what he said: “At consequential moments in history, they present a choice: Do you want to be the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”
President Biden just referred to Republicans undermining the "legitimacy" of the elections and Republicans who want to "change the outcome of the election." That is precisely the "Big Lie" narrative previously denounced by Democrats. thehill.com/opinion/campai…
The President just referred to these state laws as unconstitutional despite early court decisions upholding the laws.
...If these laws are unconstitutional, they can be challenged now and struck down. Thus far that has not happened. Moreover, if they are meant to suppress minority voters, they can be enjoined under federal law.
The NPR story struck many as diametrically at odds with everything we have heard about Gorsuch on the Court. It was another “fact clearly too good to check” as various news outlets reporting that Gorsuch was threatening the life of a liberal colleague. jonathanturley.org/2022/01/19/it-…
...The segment was an unvarnished hit piece, portraying Gorsuch (who has previously received glowing reviews from appellate colleagues on both ends of the political spectrum) of being “a prickly justice, not exactly beloved even by his conservative soulmates on the court.”
...The story is another manifestation of our age of rage. It is not enough that you disagree with Gorsuch. You have to portray him as a sadistic, borderline homicidal fanatic. In the end, the media just moves on with the next collective primal scream session masked as journalism.
The argument in Shurtleff v. City of Boston is lively over the refusal of Boston to allow a religious flag to be flown outside of city hall. The issue is whether such control over flags is "government speech."
...Justices are probing whether Al Qaeda or the KKK can claim the right to fly flags if this is an open forum.
Boston is up. It admits that it could not bar the flag if this is an open forum but insists that this is government speech (where it can chose favorites). "Governments speak from government-owned flagpoles."
...Some of the best people spurn. Horace Mann warned "Spurn not at seeming error, but dig below its surface for the truth; And beware of seeming truths that grow on the roots of error."