“Clarence Thomas Reading His Epic Takedown Of KBJ’s Affirmative Action Dissent Left Her “Visibly Angry”
“JUSTICE JACKSON’s race-infused world view falls flat at each step…. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism …. Worse, the classifications that JUSTICE JACKSON draws are themselves race-based stereotypes…. “
“Clarence Thomas wrote an epic and monumental 58-page Concurring Opinion in the Harvard/UNC case.
Did I say Epic. I meant EPIC!!!
Unlike Justice Ketanji Brown Jackson (KBJ), whose dissent read like a furious letter to the college newspaper or chants at a rally. Or a seminar on CRT. She talked about “lived experience” and the majority’s “let them eat cake” attitude. And the left loved it.”
—-
“So far, so good, but it got better when Justice Thomas ripped apart KBJ’s dissent. While he criticized Sotomayor’s Dissent here and there, he let KBJ have it, devoting a long section of his concurring opinion to ripping her argument apart head on.
JUSTICE JACKSON has a different view. Rather than focusing on individuals as individuals, her dissent focuses on the historical subjugation of black Americans, invoking statistical racial gaps to argue in favor of defining and categorizing individuals by their race. As she sees things, we are all inexorably trapped in a fundamentally racist society, with the original sin of slavery and the historical subjugation of black Americans still determining our lives today. Post, at 1–26 (dissenting opinion). The panacea, she counsels, is to unquestioningly accede to the view of elite experts and reallocate society’s riches by racial means as necessary to “level the playing field,” all as judged by racial metrics. Post, at 26. I strongly disagree.
First, as stated above, any statistical gaps between the average wealth of black and white Americans is constitutionally irrelevant….
Yet, JUSTICE JACKSON would replace the second Founders’ vision with an organizing principle based on race. In fact, on her view, almost all of life’s outcomes may be unhesitatingly ascribed to race. Post, at 24–26. This is so, she writes, because of statistical disparities among different racial groups. See post, at 11–14. Even if some whites have a lower household net worth than some blacks, what matters to JUSTICE JACKSON is that the average white household has more wealth than the average black household. Post, at 11. This lore is not and has never been true. Even in the segregated South where I grew up, individuals were not the sum of their skin color. Then as now, not all disparities are based on race; not all people are racist; and not all differences between individuals are ascribable to race.
***
Accordingly, JUSTICE JACKSON’s race-infused world view falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments. What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything—good or bad—that happens in their lives. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism. JUSTICE JACKSON then builds from her faulty premise to call for action, arguing that courts should defer to “experts” and allow institutions to discriminate on the basis of race. Make no mistake: Her dissent is not a vanguard of the innocent and helpless. It is instead a call to empower privileged elites, who will “tell us [what] is required to level the playing field” among castes and classifications that they alone can divine.
***
Worse, the classifications that JUSTICE JACKSON draws are themselves race-based stereotypes.
***
Though JUSTICE JACKSON seems to think that her racebased theory can somehow benefit everyone, it is an immutable fact that “every time the government uses racial criteria to ‘bring the races together,’ someone gets excluded, and the person excluded suffers an injury solely because of his or her race.” Parents Involved, 551 U. S., at 759 (THOMAS, J., concurring) (citation omitted). Indeed, JUSTICE JACKSON seems to have no response—no explanation at all—for the people who will shoulder that burden….
There is no reason to continue down that path. In the wake of the Civil War, the Framers of the Fourteenth Amendment charted a way out: a colorblind Constitution that requires the government to, at long last, put aside its citizens’ skin color and focus on their individual achievements.”
Donald Trump’s biggest legacy, by far, is his Supreme Court appointments. He nailed it on all three and these three are going to preserve American liberty and freedom for generations to come. Absolute home runs.
The media will frame this all as a court out of hand, rather than a Biden admin illegally doing stupid stuff.
Two important victories today from the Supreme Court — striking down the illegal Biden student loan giveaway and ruling in favor of the Christian web designer who did not want to be forced to design websites for the LGBTQ+ community.https://t.co/AQbd2fEcjF
In a defeat for gay rights? This is how the sleazy AP starts its story. This is a constitutional victory for free speech. People must not be forced by the government to physically support events that their faith or beliefs tell them is immoral, whether society generally or the…
This latest victory broadens the Supreme Court’s recognition of First Amendment principles that protect the freedom of conscience. It also extends its line of victories in recent years protecting religious freedom and expression. /5
The media and the corporate gay activist industry's reaction to the Pulse shooting really radicalized me against them. Just disingenuous, lying, demagogues immune to facts or reality.
If teaching a class on how not to interview a president, this insufferable T-Ball session conducted by Nicolle Wallace would be at the top of the syllabus… https://t.co/m5WmDpT8AM
🚨 BIDEN INVESTIGATION UPDATE 🚨@GOPoversight, along with @JudiciaryGOP & @WaysandMeansGOP, are calling on senior leaders at the DOJ, IRS, and Secret Service to make over a dozen employees available for transcribed interviews who possess information concerning allegations of…
Former Hunter Biden business partner, who worked directly on 2017 China energy deal, never asked to testify to Delaware grand jury. Handling of Bobulinski latest indicator prosecutors may have avoided probing allegations about Hunter’s father. @GrahamKateshttps://t.co/WrJK1k1GLY
The entire world, except for Tucker Carlson, has avoided not only interviewing Tony Bobulinsky, but even mentioning his name. The FBI briefed him early on then ran away. This is a huge crime, in front of the entire country, and our entire media and government is blackballing it.
Seems like we now have a good idea how the Justice Dept's cover-up of Biden family misconduct worked. Kinda like "don't ask, don't tell." They obviously intentionally never probed anything that might uncover "inconvenient truths."
It was apparent they ignored Bobulinski. He gave bombshell, damning testimony about Joe before the election and then it completely disappeared! Never heard another word about it.
We, NATO, need to spy on and psychologically dissect our own citizens in order to see how they interpret narratives online that threaten our political mandate pic.twitter.com/O9aKGTDkAE
We need to use our muscle as the military to get political bodies across NATO to pump millions of dollars into brainwashing our citizens (“psychological defense”) & financially steroid-injecting censorship NGOs.
Did anyone think the open border policies of Europe wouldn’t bite them in the end?
France has fallen…
Police are unable to control the migrant and left-wing riots taking place across the country. French media has surrendered and cannot keep track of the number of towns and cities across the country being looted, set on fire, and destroyed.
OPEN BORDERS🧵: France opened its borders to culturally diverse immigrants who have largely failed to assimilate. Frustrated they are going to war against French society. pic.twitter.com/YLkPGdzeSq
Oklahoma banned Affirmative Action in public education in 2012.
The University of Oklahoma has only gotten more diverse since then, not less. pic.twitter.com/u7vUs8uAoY
— Brad Polumbo 🇺🇸⚽️🏳️🌈 (@brad_polumbo) June 29, 2023
Race-neutral, merit-based policies can also remarkably increase diversity. It's almost like racial minorities are fully capable of succeeding without racial preferences/quotas. pic.twitter.com/Ke4At8pDVp
— Brad Polumbo 🇺🇸⚽️🏳️🌈 (@brad_polumbo) June 29, 2023
She’s a diversity hire, so why wouldn’t her clerks be too?
This is so implausible it’s hard to believe a Supreme Court justice would be so sloppy and irrational as to cite it. Even to believe such a patently bogus stat takes a certain delusional malevolence. https://t.co/WY0162StdP
Justice Jackson’s clerks let her down for failing to citecheck: she parrots a mathematically incorrect claim from an amicus brief. I refuted it in detail when the brief was released in this October thread.
(RT) if you think the last person who should be talking about Affirmative Action is someone who's on record as saying this 👇 pic.twitter.com/aWDmZvNY79
Wandering Views 
The affirmative action judge doesn’t agree?
Well I’m shocked. 🙄
“Clarence Thomas Reading His Epic Takedown Of KBJ’s Affirmative Action Dissent Left Her “Visibly Angry”
“JUSTICE JACKSON’s race-infused world view falls flat at each step…. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism …. Worse, the classifications that JUSTICE JACKSON draws are themselves race-based stereotypes…. “
https://legalinsurrection.com/2023/06/clarence-thomas-reading-his-epic-takedown-of-kbjs-dissent-left-her-visibly-angry/
“Clarence Thomas wrote an epic and monumental 58-page Concurring Opinion in the Harvard/UNC case.
Did I say Epic. I meant EPIC!!!
Unlike Justice Ketanji Brown Jackson (KBJ), whose dissent read like a furious letter to the college newspaper or chants at a rally. Or a seminar on CRT. She talked about “lived experience” and the majority’s “let them eat cake” attitude. And the left loved it.”
—-
“So far, so good, but it got better when Justice Thomas ripped apart KBJ’s dissent. While he criticized Sotomayor’s Dissent here and there, he let KBJ have it, devoting a long section of his concurring opinion to ripping her argument apart head on.
JUSTICE JACKSON has a different view. Rather than focusing on individuals as individuals, her dissent focuses on the historical subjugation of black Americans, invoking statistical racial gaps to argue in favor of defining and categorizing individuals by their race. As she sees things, we are all inexorably trapped in a fundamentally racist society, with the original sin of slavery and the historical subjugation of black Americans still determining our lives today. Post, at 1–26 (dissenting opinion). The panacea, she counsels, is to unquestioningly accede to the view of elite experts and reallocate society’s riches by racial means as necessary to “level the playing field,” all as judged by racial metrics. Post, at 26. I strongly disagree.
First, as stated above, any statistical gaps between the average wealth of black and white Americans is constitutionally irrelevant….
Yet, JUSTICE JACKSON would replace the second Founders’ vision with an organizing principle based on race. In fact, on her view, almost all of life’s outcomes may be unhesitatingly ascribed to race. Post, at 24–26. This is so, she writes, because of statistical disparities among different racial groups. See post, at 11–14. Even if some whites have a lower household net worth than some blacks, what matters to JUSTICE JACKSON is that the average white household has more wealth than the average black household. Post, at 11. This lore is not and has never been true. Even in the segregated South where I grew up, individuals were not the sum of their skin color. Then as now, not all disparities are based on race; not all people are racist; and not all differences between individuals are ascribable to race.
***
Accordingly, JUSTICE JACKSON’s race-infused world view falls flat at each step. Individuals are the sum of their unique experiences, challenges, and accomplishments. What matters is not the barriers they face, but how they choose to confront them. And their race is not to blame for everything—good or bad—that happens in their lives. A contrary, myopic world view based on individuals’ skin color to the total exclusion of their personal choices is nothing short of racial determinism. JUSTICE JACKSON then builds from her faulty premise to call for action, arguing that courts should defer to “experts” and allow institutions to discriminate on the basis of race. Make no mistake: Her dissent is not a vanguard of the innocent and helpless. It is instead a call to empower privileged elites, who will “tell us [what] is required to level the playing field” among castes and classifications that they alone can divine.
***
Worse, the classifications that JUSTICE JACKSON draws are themselves race-based stereotypes.
***
Though JUSTICE JACKSON seems to think that her racebased theory can somehow benefit everyone, it is an immutable fact that “every time the government uses racial criteria to ‘bring the races together,’ someone gets excluded, and the person excluded suffers an injury solely because of his or her race.” Parents Involved, 551 U. S., at 759 (THOMAS, J., concurring) (citation omitted). Indeed, JUSTICE JACKSON seems to have no response—no explanation at all—for the people who will shoulder that burden….
There is no reason to continue down that path. In the wake of the Civil War, the Framers of the Fourteenth Amendment charted a way out: a colorblind Constitution that requires the government to, at long last, put aside its citizens’ skin color and focus on their individual achievements.”
—–
She’s out of her league. Read the whole thing.
Click to access Thomas-Concurring-Opinion-Harvard-and-UNC-Affirmative-Action-Cases.pdf
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Quite the read.
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Yep.
You’re welcome.
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It was a bad week in court for Joe and company .
So a good week for America.
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The media will frame this all as a court out of hand, rather than a Biden admin illegally doing stupid stuff.
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See. So predictable.
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Say it…..
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😳https://substack.com/redirect/dd827147-7d22-45d7-ad5e-af40d0f7cf7f?j=eyJ1IjoiMWhvcmVsIn0.sKDsJtvn84Hufwg9JtmKjkidTdwJDkGmKWhnBUgYruU
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So nice to see some good news
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NJ, your link does not connect for me. Did part of it drop off of copy and paste?
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Here’s NJ’s link.
https://substackcdn.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F7dbaf7ec-7dd5-4a22-96c8-149fa50e5ac8_1240x1540.png?utm_source=substack&utm_medium=email
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Another affirmative action hire on the court who is out of her league.
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Dems and their perv base be mad. 🙂
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What did you expect from the world wide leader in trash media?
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Good.
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You don’t say…..
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Govts suck.
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Did anyone think the open border policies of Europe wouldn’t bite them in the end?
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You don’t say….
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The left is now saying the quiet part out loud.
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Not surprising.
She’s a diversity hire, so why wouldn’t her clerks be too?
The media can always be relied on to push the lies.
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Lol. 🤣😂🤣
A blast from the past.
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For his own good….
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