Supreme Court

“Controversy” seems to follow conservative justices any time they make an appearance at a university. In this case, a law school dean sought the right to pre-approve student press coverage of an impending visit by the chief of the high court.

It was quite a coup for Lewis & Clark Law School to land Chief Justice John G. Roberts Jr. to preside over its moot court competition earlier this month. But the event has not produced the kind of headlines that Dean Robert Klonoff had hoped.

Indeed, it is the lack of a headline — in the college’s newspaper the Pioneer Log — that has caused all of the trouble.

Klonoff and administrators of the Portland, Ore., college pressured the paper’s editor not to publish a story about Roberts’s visit until the Supreme Court approved it. Deadlines passed, and the Pioneer Log went to press without a story about what it would have said was the “highest-ranking federal official to visit LC since President Gerald Ford came to Palatine Hill in 1975…”

Full story at the Washington Post.

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“The student government at Texas A&M University approved a bill in support of students who wish to opt out of having their activities fees pay for groups they deem morally objectionable,” Robby Soave of The Daily Caller reports:

Supporters of the “Religious Funding Exemption Bill” say it does nothing except ask university administrators to give students more say over which groups receive funding.

Some Christian students objected to having their tuition dollars go to the campus’s GLBT Resource Center, which provides counseling to gay students. The group receives about $100,000 a year–about $2 per student. …

The bill’s author, Chris Woolsey, told the student newspaper that he merely thought students deserved more of a say in how their money was spent.

But that rationale may not hold up in court. The Supreme Court has held that public universities cannot deny funding to student groups solely on the basis of their political viewpoints.

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The Supreme Court on Monday declined to hear the appeal of former professor Ward Churchill, who made controversial comments after 9/11.

Churchill, who taught ethnic studies at the University of Colorado Boulder, sought to reverse administrators’ decision to terminate his employment after a committee of colleagues found him guilty of “multiple acts of plagiarism, fabrication, and falsification.”

Churchill argued his termination was in retaliation for his post-9/11 comments, in which he called World Trade Center workers “little Eichmanns” who deserved death.

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The Supreme Court agreed this week to hear an important case that could help bring an end to racial preferences in college admissions at state universities.

Last November the Sixth Circuit Court of Appeals overturned the Michigan Civil Rights Initiative, which had outlawed preferential treatment on the basis of race. It was a ban that applied to all public institutions in the state.

By overturning the initiative, the court overturned a direct, democratic expression of the will of the people of Michigan. It was a striking assertion of judicial power.

Now the Supreme court will decide once and for all whether Michigan citizens’ choice to enforce equal treatment in the state and end racial discrimination among public institutions will be ultimately upheld.

The XIV Foundation, a civil rights group founded by anti-racial discrimination activist Jennifer Gratz, published a press release praising the high court’s decision to hear the case.

“The Michigan Civil Rights Initiative was backed by 58% of the Michigan electorate and simply states that public institutions cannot grant preferential treatment to any group or individual on the basis of race,” Gratz said. “The Sixth Circuit Court of Appeals overturned the will of the people last November.”

Gratz expressed confidence in the Supreme Court’s eventual ruling. “The Court erred when it declared equality unconstitutional.  We believe the US Supreme Court is poised to overturn the Sixth Circuit’s decision.”

For the sake of what is just and good, let’s hope she’s right.

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A decision by the Supreme Court on whether race can be used as a preferential factor in college admissions decisions is imminent.

As that verdict nears, we’d like to offer an oldie but goodie on what the ideals behind affirmative action policies in America has wrought.

The short answer: President Barack Obama.

The following column is reprinted in its entirety with permission by author Matt Patterson. It was originally published in August 2011 by the American Thinker, and we’re bringing back by popular demand. Enjoy:

Years from now, historians may regard the 2008 election of Barack Obama as an inscrutable and disturbing phenomenon, a baffling breed of mass hysteria akin perhaps to the witch craze of the Middle Ages.

How, they will wonder, did a man so devoid of professional accomplishment beguile so many into thinking he could manage the world’s largest economy, direct the world’s most powerful military, execute the world’s most consequential job?

Imagine a future historian examining Obama’s pre-presidential life: ushered into and through the Ivy League despite unremarkable grades and test scores along the way; a cushy non-job as a “community organizer”; a brief career as a state legislator devoid of legislative achievement (and in fact nearly devoid of his attention, so often did he vote “present”); and finally an unaccomplished single term in United States Senate, the entirety of which was devoted to his presidential ambitions. He left no academic legacy in academia, authored no signature legislation as legislator.

And then there is the matter of his troubling associations: the white-hating, America-loathing preacher who for decades served as Obama’s “spiritual mentor”; a real-life, actual terrorist who served as Obama’s colleague and political sponsor.  It is easy to imagine a future historian looking at it all and asking: how on Earth was such a man elected president?

Not content to wait for history, the incomparable Norman Podhoretz addressed the question recently in the Wall Street Journal:

To be sure, no white candidate who had close associations with an outspoken hater of America like Jeremiah Wright and an unrepentant terrorist like Bill Ayers would have lasted a single day. But because Mr. Obama was black, and therefore entitled in the eyes of liberaldom to have hung out with protesters against various American injustices, even if they were a bit extreme, he was given a pass.

Let that sink in: Obama was given a pass — held to a lower standard — because of the color of his skin.  Podhoretz continues:

And in any case, what did such ancient history matter when he was also articulate and elegant and (as he himself had said) “non-threatening,” all of which gave him a fighting chance to become the first black president and thereby to lay the curse of racism to rest?

Podhoretz puts his finger, I think, on the animating pulse of the Obama phenomenon — affirmative action.  Not in the legal sense, of course.  But certainly in the motivating sentiment behind all affirmative action laws and regulations, which are designed primarily to make white people, and especially white liberals, feel good about themselves.

Unfortunately, minorities often suffer so that whites can pat themselves on the back.  Liberals routinely admit minorities to schools for which they are not qualified, yet take no responsibility for the inevitable poor performance and high drop-out rates which follow.  Liberals don’t care if these minority students fail; liberals aren’t around to witness the emotional devastation and deflated self esteem resulting from the racist policy that is affirmative action.  Yes, racist.  Holding someone to a separate standard merely because of the color of his skin — that’s affirmative action in a nutshell, and if that isn’t racism, then nothing is.  And that is what America did to Obama.

True, Obama himself was never troubled by his lack of achievements, but why would he be?  As many have noted, Obama was told he was good enough for Columbia despite undistinguished grades at Occidental; he was told he was good enough for the US Senate despite a mediocre record in Illinois; he was told he was good enough to be president despite no record at all in the Senate.  All his life, every step of the way, Obama was told he was good enough for the next step, in spite of ample evidence to the contrary.  What could this breed if not the sort of empty  narcissism on display every time Obama speaks?

In 2008, many who agreed that he lacked executive qualifications nonetheless raved about Obama’s oratory skills, intellect, and cool character.  Those people — conservatives included — ought now to be deeply embarrassed.  The man thinks and speaks in the hoariest of clichés, and that’s when he has his teleprompter in front of him; when the prompter is absent he can barely think or speak at all.  Not one original idea has ever issued from his mouth — it’s all warmed-over Marxism of the kind that has failed over and over again for 100 years.

And what about his character?  Obama is constantly blaming anything and everything else for his troubles.  Bush did it; it was bad luck; I inherited this mess.  It is embarrassing to see a president so willing to advertise his own powerlessness, so comfortable with his own incompetence.  But really, what were we to expect?  The man has never been responsible for anything, so how do we expect him to act responsibly?

In short: our president is a small and small-minded man, with neither the temperament nor the intellect to handle his job.  When you understand that, and only when you understand that, will the current erosion of liberty and prosperity make sense.  It could not have gone otherwise with such a man in the Oval Office. But hey, at least we got to feel good about ourselves for a little while.

And really, isn’t that all that matters these days?

Update: Author’s Note:

A lot of readers have written in asking me how I came to the conclusion that Obama was an unremarkable student and that he benefited from affirmative action.  Three reasons:

1)  As reported by The New York Sun: “A spokesman for the university, Brian Connolly, confirmed that Mr. Obama spent two years at Columbia College and graduated in 1983 with a major in political science. He did not receive honors…”  In spite of not receiving honors as an undergrad, Obama was nevertheless admitted to Harvard Law.  Why?

2)  Obama himself has written he was a poor student as a young man.  As the Baltimore Sun reported, in: “‘Obama’s book ‘Dreams from My Father,’….the president recalled a time in his life…when he started to drift away from the path of success. ‘I had learned not to care,’ Obama wrote. ‘… Pot had helped, and booze; maybe a little blow when you could afford it.’ But his mother confronted him about his behavior. ‘Don’t you think you’re being a little casual about your future?” she asked him, according to the book. ‘… One of your friends was just arrested for drug possession. Your grades are slipping. You haven’t even started on your college applications.’”

3)  Most damning to me is the president’s unwillingness to make his transcripts public.  If Obama had really been a stellar student with impeccable grades as an undergrad, is there any doubt they would have been made public by now and trumpeted on the front page of the New York Times as proof of his brilliance?  To me it all adds up to affirmative action.

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A Supreme Court decision on whether universities can use race as an admissions factor is expected by June, however the court of public opinion has already weighed in on the matter – and Americans of all stripes stand largely against affirmative action, according to a variety of recent polls.

In those surveys, at least half if not more of those polled voiced opposition to race-based preferences.

Take a Rasmussen national telephone survey, which found only 24 percent of likely voters were in favor of using race as a factor in college admissions, while 55 percent stood opposed, and the rest were undecided. That survey was conducted 11 months ago.

More recently, a survey released in October found that 57 percent of Americans ages 18 to 25 – so-called young millennials – are opposed to racial preferences in college admissions or hiring decisions. In other words, nearly six out of every 10 opposed the practice.

“Although most younger millennials are firmly opposed to affirmative action programs in college admissions, relatively few report that they were hurt in the college admissions process because of their race or gender,” states a report on the results of the survey, conducted by the Berkley Center for Religion, Peace, & World Affairs at Georgetown University and the Public Religion Research Institute.

Results also indicated 47 percent of those in that age group “oppose programs that make special efforts to help blacks and other minorities to get ahead because of past discrimination.”

What’s more, the survey found “support for affirmative action programs diminishes considerably when younger millennials are asked specifically about affirmative action for college admission.”

The same month that survey was released, the Supreme Court heard oral arguments in the case Fisher v. the University of Texas, which deals with race-conscious college admissions in America’s public universities.

Most of academia has expressed support for the University of Texas, which aims to continue its practice of using race as a preferential factor in admissions decisions. Administrators and faculty at elite schools have also chimed in, defending the notion of “diversity” in the classroom. All members of the Ivy League, the nation’s top liberal arts colleges, and other big-name schools, have filed amicus briefs on University of Texas’ behalf.

Yet the higher education community’s overwhelming support for racial preferences is not mirrored by the general public.

This month, the American Enterprise Institute released a political report that compiled public opinion on a variety of issues, including affirmative action. In its publication, the organization cited data from a 2010 survey by the National Opinion Research Center which found that a vast majority of Americans – 81 percent – oppose affirmative action policies that favor African Americans.

What’s more, only between 44 and 62 percent of blacks polled voiced support for various minority preferences, the poll found. AEI’s public opinion analyst Karlyn Bowman notes, in an interview with The College Fix, that results on such a sensitive topic are always swayed by how pollsters’ frame the question.

Nevertheless, she points to perhaps the most consistent of all affirmative action data available, an annual survey by the UCLA-based Higher Education Research Institute. The poll has found that, since 1995 and every year since, roughly 50 percent of college freshmen believe race-based university admissions preferences should be abolished.

“You could balance a glass of water on that line it’s so flat,” Bowman says.

Fix contributor Danielle Charette is a student at Swarthmore College.

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