How Will Affirmative Action End?

For many people on the right wing, Supreme Court appointments are the highest priority for the Trump to-do list.  Gorsuch was the first act of that play.  But what they really want is a clear majority of socially conservative justices willing to act on issues where unconstitutional policy has been imposed on the country.  High on that list are the moral outrages of abortion and so-called homosexual marriage.  But at the very top of the list of unconstitutional policies that damage American life is affirmative action.  Here are a laundry list of protected classes ranging from half the population (women) to all non-white populations, to homosexuals and other deviants who only share one thing in common, they are not normal white men.  These groups are provided the coercive force of the federal and/or state government to gain preference in employment, housing and education.  And lately the sexual orientation and gender identity protected statuses are being used to dictate everything from who can be a boy scout to who can use a bathroom reserved for women.  But the truth of these laws is that they should really be called what they are.  They should be called Legalized Discrimination against Normal White Men.  Because this is the only group that is systematically discriminated against by every one of these policies.  An attempt to do this against any other group would be challenged legally and morally condemned.  But normal white men are undefended and in fact assumed to be unworthy of receiving the universal fairness that the left demands for every other group.

I am not an expert at how the Court system works.  What I think happens is some lower Court adjudicates some case that contradicts a Federal law.  If the lower court agrees with the existing law and finds against a plaintiff or defendant on the other side of this precedent then he has the right to appeal to a higher level of the federal court structure.  And if this continues, eventually it can reach the Supreme Court.  The decision of the Supreme Court is considered final and can even overturn a federal law if the Supreme Court finds it unconstitutional as happened with the Defense of Marriage Act.  That was Justice Kennedy’s handiwork.

How I would see affirmative action overturned will be when some white man is discriminated against because of one of these policies and he gets his day in court and a majority of Supreme Court Justices says enough is enough.  Once the whole range of affirmative action policies are looked at it will be easy to justify their complete dismantling based on the very question of fairness that the left is always trumpeting.  The only question I’m not sure about is whether the Court will decide to phase out these policies or just end them outright.  I can foresee an enormous legal and bureaucratic endeavor to strip out all the affirmative action policies scattered throughout the federal and state statutes and government policy documents.

But none of this can happen until one of the sitting left-leaning Supreme Court Justices retires (or passes away) and there exists a conservative President and Senate to put a conservative appointee on the Supreme Court bench.  I have to confess this is one of the things I wait for most impatiently.  And as much as I’d like to see Kennedy go, I’d prefer it was Bader-Ginsburg or Breyer.  Kennedy’s bad but he is alright on the non-social issues.  I can wait for him to go next.

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