Oral arguments are getting started in the two Supreme Court cases challenging #AffirmativeAction. Listen live on the Court's website: supremecourt.gov
For everything you might hear today, remember these two cases challenging #AffirmativeAction were spearheaded by a white activist who has spent decades campaigning against racial equality with huge conservative financial backing. slate.com/news-and-polit…
Justice Sotomayor is already pointing out one of the biggest flaws in the arguments against #AffirmativeAction: the myth that race is being used as a singular factor in admissions. All of the students admitted met the qualifications to these schools.
"Race is never the determinative factor," Justice Sotomayor highlights from the lower court findings. "I'm not sure I understand how you're differentiating your answer. If race is only one among many factors, how can you ever prove... it's a determinative factor?"
Justice Jackson jumps in: She's been struggling to understand how race is factoring into the admissions process and whether there's any redressable injury. She's challenging the notion there's any standing — is there any real problem to fix?
The liberal justices are looking for a single example of how checking the racial minority box gave an applicant a guaranteed advantage. Also: How can an essay about an experience with race be considered but the race itself cannot? #AffirmativeAction
Justice Sotomayor calls out the reality that if race cannot be considered through #AffirmativeAction, minority enrollment will plummet. Other factors like socioeconomic status do not achieve the same diverse results: afj.org/article/a-monu…

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More from @AFJustice

Dec 20, 2021
.@SenatorHagerty should fully support Andre Mathis’s confirmation. We’ve heard no substantive objections from conservatives on Mathis, and Hagerty is wrong on past “precedent” that was accorded Senate Dems under Trump.
wapo.st/3mhxAT6
Here’s 17 times GOP Senators confirmed Trump judges for important circuit court seats over strong objections from Senate Dems:
1. CA: The Senate confirmed Daniel Bress, Daniel Collins, Kenneth Lee, and Patrick Bumatay (9th Circuit) over the objections of @SenFeinstein and @KamalaHarris.
Read 12 tweets
Jul 14, 2021
"We had no choice then, and we have no choice now," @NanAron says about overcoming the filibuster nearly a decade ago to confirm President Obama's nominees just as we must do now to pass voting rights legislation.
@NanAron "We are at an inflection point," @WhipClyburn says, noting President Biden's remarks that we're facing the greatest threat to American democracy since the Civil War, a point he has also previously made.

"When he calls this more than Jim Crow, he is absolutely correct."
Read 17 tweets
Jul 12, 2021
This morning the @HouseJudiciary Committee is holding the second hearing in its series on the importance of diversity on our courts.

Details and livestream here, and we'll be following along on Twitter as well: judiciary.house.gov/calendar/event…

#CourtsMatter
As @RepJerryNadler notes, our courts are still dominated by white men, people with Ivy League degrees, and corporate attorneys and prosecutors.

They're more diverse than they once were thanks a committed effort, but there is still progress to be made.

#CourtsMatter
"It is difficult to be what you cannot see," says Colorado Supreme Court Associate Justice Monica Marquez, explaining why it's important to help people meet judges and find opportunities to pursue clerkships. #CourtsMatter
Read 6 tweets
Dec 4, 2020
This week, Mitch McConnell filed cloture on a vote to confirm Stephen Schwartz to the Court of Federal Claims.

This nominee's record is ATROCIOUS, so it's time for a thread about what it means if Senate Republicans vote to confirm him.
2. If you've never heard of the CFC, it's sometimes called "the People's Court." It hears monetary claims against the government from contracts, regulations, and more. The goal is to balance government actions with citizen protection, and Schwartz could do great damage there.
3. Schwartz's nomination has been lingering for YEARS, and there's a reason: his record is incredibly disturbing. Moreover, we've learned even more this past year about just how bad it is in writings he originally concealed: afj.org/article/new-wr…
Read 13 tweets
Oct 22, 2020
We Read All 184 Pages of Barrett's QFR...We found evasiveness that spoke volumes and, with every non-answer, a confirmation of her record, the reason she was nominated, and all the harm she will do....we'll tweet out as many of the terrible answers we can.
#BlockBarrett
Barrett would not confirm whether the circumstances of safely voting in the 2020 election are “substantially different” than a regular year due to the COVID-19 pandemic, or whether states have a responsibility to maintain access to voting. #BlockBarrett
Barrett would not confirm whether it is legal or illegal to vote twice in a federal election. #BlockBarrett
Read 26 tweets

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