Yesterday’s 6-2 Supreme Court allowing Michigan voters to amend their Constitution to require non-discrimination in the public sector is causing quite a stir. The old Commie, Justice Sotomayor, issued and read an impassioned dissent decrying the majority decision and extolling the wisdom of affirmative action, which was effectively banned in Michigan by the amendment. What’s to argue about?
It is a tortured interpretation of the federal Constitution’s guarantee of equal protection, in the Fourteenth Amendment, to say that past discrimination against blacks requires preferential treatment today. That is the essence of affirmative action. All Michigan voters were saying is that, in our state, “equal protection” means “equal protection,” that the State of Michigan may not discriminate for or against anyone in public employment, public schools and public contracting. The Sentinel is a textualist, and couldn’t agree more.
This case was a slam-dunk. How did it even get to the High Court? Because past decisions have allowed unequal protection for blacks in the name of public policy. Justice Kennedy wrote yesterday that the Court is not entering into this policy debate. Good, because that is not the role of the Court, to make policy. The Court’s job is to interpret the Constitution, interpret federal statutes, and apply federal common law. That is all. Leave policy to the boobs in Congress. That’s the way our Constitution works.
SO SAYS THE SENTINEL.
Debt: $17.546 Trillion
Deficit: $622.671 Billion
Interest: $248.490 Billion
Unfunded Entitlements: $128.821 Trillion
THE UNITED STATES IS BANKRUPT AND INSOLVENT. GOD SAVE OUR PRINTING PRESSES.