Judicial Activism: Race Considerations Are Constitutional?

A Federal Appeals Court just overturned a voter-approved measure that bans the consideration of race for admission to Michigan public colleges and universities. The 2-1 decision ruled that the measure violates the 14th Amendment’s equal protection clause (section 1).

Perhaps the Court should read this again:

Amendment 14 – Citizenship Rights. Ratified 7/9/1868.

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Okay, so let me get this straight… A State law that says that you can not take a person’s race into consideration for college admissions violates the 14th Amendment?? Correct me if I’m wrong, but isn’t basing any decision, even in part, on someone’s race called racism? Yet a law that says that you can not do so is unconstitutional? Are you kidding me? What about the people that will not get in because someone with different colored skin got pushed ahead of them in line? It doesn’t matter whether they are white, black, purple or green, racism is still racism.

George Washington, the chief attorney for the law’s opponents, applauded the decision today.

“It’s a great victory. It means affirmative action is legal again in college admissions. It means that thousands of talented black, Latino and Native Americans can go to our public universities,” Washington said.

Washington said the ruling means universities can again consider and adopt affirmative action polices.


I’m sorry, I wasn’t aware that Blacks, Latinos and Native Americans weren’t allowed in public universities.

This is just another example of Judicial Activism at work. The Court is 100% wrong on this one and its decision is in direct contravention to the 14th Amendment to the Constitution, and common sense for that matter. Obviously, the judges support Affirmative Action and saw the legislation as threatening to its cause. There’s no other possible explanation based on the fact that they claim the law violates the 14th Amendment, when anybody with a 4th grade education can understand that the Amendment protects everyone equally.

Once again, this is common sense. If you consider someone’s race in making any decision, is that not racial discrimination, even if the person’s race works in their favor? Think about it… If we were talking about someone who is white getting preferential treatment, wouldn’t everyone and their brother scream that it was racist? In this case, we’re talking about minorities getting preferential treatment, but nobody has a problem with that? I don’t care what color your skin is. It means absolutely nothing and should not be a consideration for any type of employment, admission to a school or anything else.

The Court essentially upheld Government-sponsored racism in order to further a political agenda. They can’t claim it’s anything different, at least not to anyone who can read.


Photo by State Farm

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