Although the Supreme Court did not deliver its rulings about marriage equality and the Voting Rights Act of 1965 today, they did divulge other decisions. SCOTUS did deliver a non-ruling on affirmative action in Fisher v. University of Texas. In the question of whether a white student suffered racial discrimination at the University of Texas, SCOTUS rejected a lower court’s approval of the school’s affirmative action plan but said that it will have to evaluate it again.
The constitutionality of race in university admissions, however, survived with the ruling that race may be considered as a factor as long as the policy is “narrowly tailored.” If “‘a nonracial approach . . . could promote the substantial interest about as well and at tolerable administrative expense,’” then the university may not consider race.
When states have banned affirmative action, the number of minority has drastically dropped. Today’s ruling allows universities to continue implementing diversity plans, but it does not preclude these state bans. In its next term, SCOTUS will review a Michigan ban that the 6th Circuit Court of Appeals has struck down.
In his opinion, Justice Clarence Thomas compared any affirmative action to slavery. He has also said that he would vote to overturn the case next year upholding the University of Michigan Law School’s affirmative action policy. That means he doesn’t need to listen to arguments next year because he’s already made up his mind.
Courtesy seems to have disappeared in SCOTUS. Justice Ruth Bader Ginsburg dissented to the racial discrimination ruling, asserting that the lower court ruling should have been upheld. She also read a dissent to the case (below) which makes racial and sexual discrimination easier by raising the level of proof to establish retaliation for complaining about discrimination.
Part of Ginsburg’s dissent was a “hypothetical” (meaning drawn from a real case) when a female worker on a road crew was subjected to humiliations by the “lead worker” and who now has no remedy because of the court ruling. According to Garrett Epps, Justice Samuel Alito pursed his lips, rolled his eyes to the ceiling, and shook his head “no.” There are no cameras to show the incident, but Epps reported that the audience made audible gasps.
SCOTUS gave sexual and racial harassment a boost up in the workplace through today’s 5-4 ruling in Vance v. Ball State University. Thanks to five Supreme Court justices, a “supervisor” is defined as having the power to make a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”
The definition eliminates all the people who still maintain power over employers through reporting their actions to employers—excuse me “supervisors.” One of these “non-supervisors” is a senior truck driver who coerced a female subordinate into having unwanted sex with him. Justice Elena Kagan also described the secretary whose boss “subjects that secretary to living hell, complete hostile work environment on the basis of sex.” That person is not a “supervisor” because it’s the “Head of Secretarial Services” who would fire her.
In University of Texas Southwestern Medical Center v. Nassar, the five conservative justices also allowed employers a greater right to retaliate against victims of discrimination who report that they have suffered discrimination.
The Senate is working hard to discriminate against immigrants through its reform bill. In a desperate attempt to pass the bill, the Senate passed a motion to debate an amendment by 67-27 with 15 GOP “yes” votes that would ostensibly make the bill more palatable to conservatives. It’s a Christmas gift to Halliburton, as Sen. Patrick Leahy (D-VT) said, because of the requirement for another 700 miles of fencing. Another piece of the amendment was doubling the number of border patrol agents to 40,000—one for each 1,000 feet of the southern border of the United States. The party that wants less government and spending cuts now helps support a bill that would cost an additional $46 billion.
Most of the publicity for the amendment came from the border security, but Sens. Orrin Hatch (R-UT) and Marco Rubio (R-FL) managed other offensive provisions. One prohibits undocumented workers from counting past wages toward Social Security eligibility, and another prevents the government from providing welfare to immigrants until they become citizens. The provisions also called for an additional five-year ban on federal health subsidies under Obamacare for unauthorized immigrants who get a green card and tried to ensure these immigrants pay back taxes and penalties on any wages they earned while in the country illegally.
There may be more news about what’s buried in the 1,200-page amendment before the vote on Thursday or Friday.
Meanwhile, Texas GOP members are using a special legislative session to push through more restrictive anti-abortion regulations. (What happened to their love for small government?!) The proposed law would criminalize abortions after 20 weeks and shut down health clinics, leaving no place in western Texas—a very large area—to obtain an abortion. Women would have to travel at least 600 miles to get an abortion for any reason.
In a peculiar quirk, the bill’s sponsor, Jody Laubenberg (R) refused to support an exemption for rape because—ready for this?—she thinks that the rape kit, used to collect forensic data on the rapist for a prosecution, causes abortions. She said, “In the emergency room they have what’s called rape kits where a woman can get cleaned out.” Laubenberg has displayed an even greater ignorance then Congressional legislators.
Someone needs to explain to Laubenberg that this is the procedures for use of the rape kit. A victim enters the hospital; staff collect bodily fluid, residue under the victim’s nails, and any relevant blood or hair samples for an investigation. Nobody gets “cleaned out.” States with abstinence-only sex education, such as Texas, have highly uneducated people, even elected legislators.
A survey found that 63 percent of registered voters don’t want any more anti-abortion laws, and 71 percent think that the legislature should worry about the economy and jobs instead of policing women’s reproductive rights. Almost three-fourths think that personal medical decisions about abortions should be made by a woman and her doctor, not by politicians. Also, 57 percent said that they don’t trust the governor or the legislature to make choices about women’s health care. Eighty percent think that anti-abortion should not be legislated in special session. And this opposition is from both parties and the independents.
The Texas Assembly passed the bill at 10:40 am today. Legislative rules require a 24-hour wait until the Senate can bring it up. The Texas legislature has until tomorrow night to get the bill passed.
This last weekend, dozens of people stood in line in Atlanta to buy exclusive LeBron James sneakers. When a man carrying a gun harassed them, a man in line pulled his gun and fatally shot him. The shooter then got back in line to wait for his sneakers. Some of the people thought that he wanted to rob them. A witness said about the dead man, “Sounds like he brought it on himself.”
Nobody said anything the man being dangerous, just that it was okay to kill him. Police have said they will not be charging the shooter because it was “self defense.” No need to wound him or feel any remorse—just kill him. This is the gun culture of the United States.