Up on the calendar of the always-entertaining Senate Education Committee this afternoon is Senate Bill 15-117, "Concerning prohibiting discrimination in public financing of systems of higher education."
The bill prohibits the general assembly and the Colorado commission on higher education (commission) from appropriating or distributing state moneys to or for the benefit of students or state or private institutions of higher education based solely on the race, color, national origin, or sex of a student.
The bill requires the commission to prohibit such discrimination in higher education funding in implementing part 3 of article 18 of title 23, Colorado Revised Statutes.
This is a bill with origins in American Legislative Exchange Council (ALEC) stock language to prohibit funding for affirmative action policies in higher education. The national proponent of this kind of legislation, conservative activist Ward Connerly, was also behind a Colorado ballot initiative in 2008 to broadly outlaw any kind of gender or race-based affirmative action. That initiative was defeated, handing Connerly a major defeat in what has been a successful drive to eliminate affirmative action in some other states.
There are a few ways to approach this legislation, which may well pass the GOP-controlled Colorado Senate on its way to certain death in the Democratic-controlled House. We could cite the studies and large body of opinion that affirmative action remains necessary, insofar as discrimination remains a problem in America. But there's something more basic about Senate Bill 117 that struck us as we read the list of sponsors:
With the sole exception of Rep. Janak Joshi of Colorado Springs, they're all white people.
To which you might respond, "Well, that's pretty much all Republicans have got!"
And you would be right–about both the cause and the effect of their problem.
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We really need Jim Welker to complete this lovely collage of whiteness.
Would Welker allow his white likeness to be displayed in a photo array with the non-white Janak Joshi?
They're actively trying to destroy themselves, right? Surely they must be.
I mean, what else besides mass mental illness could explain the continuous string of asinine, off-putting, contemptuous "legislation" these arrogant pustules keep proposing, despite most Coloradans finding their actions repugnant and abhorrent?
I would have led with "22 Caucasian Republicans Sponsor Affirmative Action Repeal Legislation"
"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."
-Chief Justice John Roberts
[to suggest that] the path to ending racial discrimination is to give less consideration to the issue of race altogether… presupposes that racial discrimination is at a sufficiently low ebb that it doesn’t need to be actively confronted.
– Attorney General (and discriminatee) Eric Holder
Nice riposte.
Not really. John Roberts hasn't submitted a resignation. 😉
OK.
As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter.
– Justice Sonia Sotomayor
That made no sense, and it's not just because I'm tired and still have another hour of conferences to go. I honestly have no idea why Holder's impending resignation makes any difference to how we think about racial discrimination.
It's beyond scary just how much and how often that guy gets things wrong . . . history will be his merciless judge.
Was voting to uphold Obamacare one of those instances of getting things wrong so often? 😉
Yes. He gutted Congress' power under the Commerce and Necessary and Proper Clauses– which he should have used to uphold the law, rather than the BS unicorn tax nonsense he used instead.
The Commerce Clause? Please tell me that you don't believe taking a nap in your room is interstate commerce.
You're not dumb. Why make facile statements?
You can disagree with the rationale, but as Richard Posner, liberal lion that he is, noted, the Commerce Clause should have been enough to uphold the mandate.
Volokh Conspiracy, called the issues with the Commerce Clause argument years in advance. Posner's argument deals with what the state of precedent was post-Wickard v. Filburn and post-Raich. But even under that rationale, the fact is that my argument stands: your taking a nap is – under at least the Wickard view, interstate commerce.
And the idea that it is interstate commerce is fundamentally absurd.
And thus we are reduced to the absurd. Building a straw man twice doesn't give it twice the power. Although I'd love to hear the argument, I think any lawyer would be hard pressed to demonstrate how my nap, when aggregated with all other individual naps occurring at the same time, would have even an indirect effect on interstate commerce.
More importantly, we're not discussing your sleepy scarecrow, we're talking about an industry (and the users of it, which all of us are or will be) consuming 18% of US GDP.
If you think that is absurd, read the facts of the Wickard v. Filburn opinion that set off the whole line of cases.
i've got something from the Wickard Witch of the West for your straw man:
Incredibly weak defense, shyster . . .
. . . still catching up on your billable hours, or is that really the best you could come up with???
;~)
It would be political suicide for a white Democrat congressman to be against affirmative action, though many white Democrats such as myself are personally ready to see it go away.
Isn't this just theatre?
I doubt any admission decision was ever based solely on race, gender, etc.
It's more about the allocation formula for money given by the state to colleges. See the fiscal note. Decisions are made with race in mind. Depending on how courts interpret the law (and folks will sue, I bet it's already been planned), it could have an effect. At the least, it's going to result in pain from the CORA requests and lawsuits by white students (supported by conservative organizations, of course) who were "unfairly" denied admission.
Did any of you bother to notice that this bill PASSED last night on a 9-0 vote? Guess the Dems on that Committee (all white) are a bunch of racists too.
Oops!
CONFUSION AMONG THE RANKS: Either Everybody Is Racist or It’s Bad Policy