Quotes from the news wire:
Thirty years ago, a different Republican Senate rejected Senator Sessions’ nomination to a federal judgeship. In doing so, that Senate affirmed that there can be no compromise with racism; no negotiation with hate. Today, a new Republican Senate must decide whether self-interest and political cowardice will prevent them from once again doing what is right.
When Thomas took the bench, Justice Scalia felt like he was the first line of reinforcement after years of fighting alone in the trenches to defend the original understanding of the Constitution, neither Justice Samuel Alito, nor Chief Justice John Roberts have the same level of commitment to the theory.
This President has been brazen about his willingness to take action that is normally reserved to Congress, the fact that the Court added the constitutional question means that some justices recognized that this is not a run of the mill act of prosecutorial discretion, but a novel and controversial power grab.
What Justice Scalia is referring to is the 'mismatch theory' popularized by Stuart Taylor and Richard Sander in their book, the idea is that if a student is admitted to a school they are not academically prepared for then they will not perform up to their own potential. This is a theory -- contested of course -- but I don't want people to get the idea that it means that all black students are not as smart as white students, or even that they are not as well prepared across the board.
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