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.

Trump vs Justice Kennedy

Scene 1: White House, West Wing

President Trump (PT) – Mike, Mike!  Where the hell are you Pence?

Vice President Pence (VPP) – I’m right here (under his breath) as always.

PT – Good.  Look Mike I need to talk to Kennedy.

VPP – Supreme Court Justice Kennedy?

PT – Well obviously I don’t mean dead Teddy.  Yeah, Justice Kennedy.  I need to advance my agenda and since Congress is hopeless, a new SCOTUS appointment feels like the right thing.  Summon him to my office and make it snappy.

VPP – Mr. President, you can’t summon a supreme court justice, no one can.

PT – Well then ask him to lunch at the White House.

VPP – Certainly, when would you like to meet with him?

PT – Today.

VPP – But suppose he’s already scheduled for a meeting or a case?

PT – Pence, come on man!  Show me something here.  I’m starting to think I should have replaced you with Lying Ted.  Alright, have it your way.  Ask him when he can come.

VPP – What should I tell him is the subject of the meeting?

PT – Pastrami and corned beef.

VPP – What?

PT – We will be discussing the finer points of New York Deli sandwiches.  That should get him.

VPP – Yes Mr. President.

 

Scene 2: Two Weeks Later, White House Dining Room

PT – Well Tony, do you want anymore sauerkraut on that plate or maybe the potato salad.

Justice Kennedy (JK) – No thank you Mr. President.  I couldn’t eat another thing.

PT – Please Tony call me Don.  All my friends do.  Well, except the ones I don’t like.

JK – Okay Donnie.

PT – Just Don.  Let’s keep things friendly here.

JK – Sure Don, sure.

PT – Okay.  So, you’re probably wondering why I called you in for this meeting.  I mean in addition to the salted cured meats.

JK – Can I guess it has something to do with my retirement?

PT – Bingo.  See you’re a smart guy.  You know what’s what.

JK – Well Don, I hope you’re not going to try to convince me to retire before I’m ready.

PT – Nonsense, I would never try to force anyone to do anything he wasn’t ready to.

JK – Good Don, because it would just spoil our friendship.

PT – Right, right, sure.  Say I was just wondering do you do much golfing?

JK – No Don, I don’t.  I’m more of a yoga kind of guy.

PT – Oh yoga, sure, sure of course, very, um, interesting.

JK – I like that and modern expressionistic dance.

PT – …, hmm  …  dance you say.

JK – Yes it’s one of my great passions.

PT – You a married man, Tony?

JK – Don, I’ve been married to the same wonderful woman for more than fifty years.

PT – So, Tony does your wife share your … passion for dance.

JK – Oh, far from it.  She thinks it’s a silly thing for a man to do.  She’s very old fashioned that way.  Not a free spirit like me, Don.

PT – Yeah, I’m starting to get the picture.  So, Tony, I was wondering if you know that Trump Resorts for Retirees includes several very prestigious locales that you might find … interesting.

JK – Where for instance?

PT – Well, South Beach, Provincetown, Fire Island.

JK – Those are all gay havens.

PT – Are they?  I didn’t know.

JK – Of course you do.  What are you implying?

PT – I’m not implying anything.

JK – You think I’m gay!  Not that there’s anything wrong with that.

PT – Of course not, it’s nobody’s business whether you’re gay or bi.

JK – I’m not bi!

PT – Tony, calm down.  No one’s saying you’re gay or bi or anything for that matter.  I’m just wondering.

JK – Well, stop wondering.  I’m 100% straight.  Not that there would be anything wrong if I weren’t.

PT – Of course not.  Well I’m glad we got that straightened out.

JK – Right.

PT – So, Tony, you may not be aware but several of Trump Resorts properties have clothing optional sunbathing.

JK – Really?  That seems very strange.  Which ones?

PT – Oh, let me check this brochure.  Well, by a strange coincidence, South Beach, Provincetown and Fire Island.

JK – Okay, I’m outta here.

PT – But Tony, I wasn’t implying anything.

JK – And that’s another thing stop calling me Tony, Mr President.

PT – If you insist Tony.

JK – And for your information I intend to serve on the bench until I’m one hundred and eleven!  Good day!  (leaves in a huff).

PT – …hmmm…   (speaking into an intercom) Mike summon Justice Booth Gator Beanbag or whatever her name is for lunch tomorrow.

 

Since my readers don’t always stop by every day I figured I’d paste this poll on each post for a while to see what folks call themselves.  This is the post the poll came from  Who Are We?

… And that got me thinking. Who are the people who read my blog?  I thought it might be fun to see what the cross-section looked like.  If you feel like saying what you believe in, feel free to leave a comment and/or pick a label from the poll below.  I think it might be interesting.

 

Coming Soon
Total Votes : 54