New #SCOTUS ruling on affirmative action passes the buck and says let voters decide
The best possible spin on the Supreme Court’s decision on affirmative action in Michigan is that it doesn’t end affirmative action.
The decision did not say affirmative action was unconstitutional.
It merely narrowly decided that Prop.2, the Michigan initiative that voters passed to end race-based affirmative action in that state could be applied and that the equal protection clause was not violated.
It even sounds good. Let the voters decide, right?
OK, but why do we leave it to the voters to decide on that issue and that issue alone, and not on every single item that the University officials oversee?
Why take that power away from the professional educators?
As I went through the 6-2 opinion, I wasn’t that surprised that someone liberal like Breyer would vote with Kennedy, Roberts, Alito, Scalia and Thomas.
Breyer stated he was for some forms of affirmative action, but didn’t see why the voters shouldn’t be allowed to weigh in.
But then there was Sotomayor’s lengthy dissent, which took the hardline, that this ruling indeed was setting up the situation where down the line we might see the tyranny of the majority, and see the violation of minority rights under the equal protection clause.
That’s what was at stake here.
The majority of justices seemed happy enough to see the voters figure out where they stand on affirmative action.
After reading Sotomayor’s minority dissent, I’m not sure if that’s such a great thing.
We know how fair elections are now, with money driving everything.
That means we’ll probably see a lot more SCA-5 style battles–until the court makes yet another ruling on the constitutionality of race based methods in university admissions.
UPDATE: 4/23/2014
It’s not surprising that the courts want to get out of the race business. Just like the legislatures have gotten out of legislating by relinquishing their role to the initiative process for the tough issues.
So if the elections are so important, why do electoral rights seem to be under attack? From the Voting Rights Act provisions, to campaign finance, has there been a more activist Supreme Court to reverse the rights of minorities?
And now elections are the preferred way to settle racial fights? Sounds like SCOTUS just gave itself cover for its horrendous decisions, putting it all on the electorate.
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SF Giants’ Lincecum still has homer-itis, but keeps team in game till it decides it wants to win in 12th; After nearly five hours, Giants beat Dodgers 3-2 on Jackie Robinson Day
On the night when all the heroes wore No. 42, it was too bad the San Francisco Giants’ Tim Lincecum couldn’t get the win.
On Jackie Robinson Night, the Giants sent Lincecum, the premier Filipino American player in baseball to the mound. The Filipino fan favorite pitched well enough to win. In a 93 pitch performance in 5 innings, he struck out 5 and had zero walks. The Dodgers managed just five hits, but that included a solo home run in the 2nd inning to former teammate Juan Uribe. On a full-count, Lincecum challenged with a slider, and Uribe pounded it half-way up the left field bleachers. The Dodgers coasted on that run most of the night. By the time the Giants tied it on a Brandon Crawford sac fly that scored Hunter Pence, Lincecum was out of the game–but off the hook. He’s still looking for his first win, but so far he’s got 17 Ks and 1 walk in 15 innings pitched, indicative that the mustachioed Lincecum isn’t plagued by some of the control issues he had last year. Indeed, this year, he’s not wild, just prone to the fat pitch and the homerun ball—he’s given up 5 in 15 innings. Uribe got him on this night. After the Dodgers took a2-1 lead, the Giants tied the score again in the bottom of the 9th, but left the bases loaded ( as they did three times in the game). The game went into extras, past midnight. Nearly five hours after the start, the Giants finally pushed through a winning run when Hector Sanchez singled in Brandon Crawford for the 3-2 final. The walk-off win gives the Giants a first place tie with LA in the NL West.
Lunar eclipse produces “bloody” moon; but I left my bloody Hubbell in the car
Wish I had a sharper lens, but still not bad for a point and shoot.
I’ve never seen a lunar eclipse like this ever. Mostly it just blacks out, but this one was this orange-y, reddish color.
Pacquiao-Bradley 2 (#PacBradley): Here’s how I see it, as it happens…
When we get past the undercard and all the pre-fight festivities, I will type my impressions and score the fight in real time here.
Strange to hear Pacquiao described as the “challenger.” But he is. Bradley is 31-0 and the WBO Welterweight champ. Pac looks all business. No smiles. Bradley has his game face. The rumble begins.
Round 1: Pacquiao and B trade shots, P commands center of ring early. Both fighters keeping their distance while trying to show aggression. Bradley toward the end comes on with :12. Round goes to Bradley, 10-9.
Round 2: Bradley pushed back on hook, recovers. Pacquiao aggressive, throws combination and B goes into ropes. B comes back with body punches, doesn’t give in. B. with hardshots to P head. B not backing down. Close, but I’ll give that to P for getting B on ropes, 10-9.
Round 3: Pacquiao lands combo early. At 1:57, P lands solid lefts to B. B has P against ropes and lands to the body. P landing left to B. B counters with rights to the body. Flurry of punches in this round, give it to P, 10-9. Compubox numbers on HBO give P the edge with 22 powershots, 7 more punches landed.
Round 4: Bradley gets in a shot that rocks Pacquiao. B needed that as P was landing shots early. :30 left B shows he’s unrelenting. The B. right gives him edge here. Bradley, 10-9. Replay shows P lifted off his feet. Punch stats still show P. landing more.
Round 5: Minute left, the round still contested with both fighters trading jabs. B had arms down in last :15 and Pacquiao may have stolen the round with action in the last seconds. Pacquiao, 10-9.
Compubox totals from HBO: P 14/42, B 11/46, Powershots, P 9, B 8.
Round 6: Much slower round than previous. :40 left and seems even. A coasting round. P throwing pinches on ropes. B coaxes P to punch him, but round ends. End theatrics give round to P, 10-9. HBO Compubox totals, P- 12/53, B 8/50, P with 10-8 powershot advantage.
Round 7: Pacquiao gets a left in. Bradley lands a hard right, and some body shots. Tempo back to that of early rounds. Combos by P with :44 left. P adds more with B in corner. Big round for P. as B tries modified “rope-a-dope.” But P. tees off. Pacquiao wins that, 10-9.
Compubox gives P 26 landed out of 75 thrown. B, 14 of 56.
Round 8: Pacquiao cruising, but lands with his left several times. B. tries to mug, to show he’s not hurt. Not sure if that’s working. B. coming up top with the right. Close, but ring generalship gives round to P, 10-9.
Round 9:Compubox numbers have P ahead with 119 punches landed to 90-plus for B thus far…. P. rocks Bradley into ropes and seems hurt. Off-balance twice so far. P. with rights and combos to B. B. is throwing 1 to P. 5 punches, it seems. Pacquiao wins the round 10-9, decisively.
Round 10: Pacquiao in last round had 14/24 to B 10/24 punch edge. This round starting with P. in command at the center and B. backing up. B looks to be trying to find a knockout punch, but missing. P counters with combinations that have him outpointing B. P with left seems to stun B and B counters wildly and misses. Pacquiao wins round, 10-9.
Round 11: Pacquiao outpunched Bradley 26-12 in previous round. P starts out round with solid left. B seems to be tiring as he’s not throwing as many punches. Pacquiao the aggressor, Bradley backing up. P lands a left with :40 left. Round ends with B retreating and missing. Pacquiao wins round, 10-9.
Round 12: Compubox numbers continue trend. Pacquiao landing. Bradley’s head turned. Bradley never has had a KO past the 8th round, so unlikely here. P good defense catching B’s best. 1 minute left, B misses right. P at center in control :30 left. Time out due to accidental head but with :12 left. B starts working but it ends. B lifts arms up, but why? I’ve got P winning this 10-9. And have P winning 11 of 12 rounds. (Correction: On recount, I gave the 4th round to Bradley based on the “lift-up” punch he landed on Pacquiao. Wasn’t a knockdown, but was impressive. So Bradley won 2 rounds, Pacquiao 10, in my estimation).
Bradley was tough early. But didn’t do enough by my eye.
Final scoring: Unanimous for Pacquiao. All three judges.
HBO’s numbers show P landed 198 to Bradley’s 141, and landed 35percent of his punches to Bradley’s 22percent.
Pacquiao also threw more power punches 148-109.
The placement of the punches: Pacquiao landed 176 of his punches to Bradley’s head. Bradley landed 98 t0 Pacquiao’s head.
Bradley landed 43 punches to P’s body. P just landed 22 body punches to Bradley. Pacquiao was clearly going for a head snapping KO. Bradley tried, but that really isn’t his game.
In the end, Bradley good, but Pacquiao is just better. Bradley is a toe-to-toe guy, not a knockout guy. Pacquiao may not have the kind of power he showed when he clicked off Ricky Hatton, but he’s got a lot left.
This is a $20 million guaranteed pay day. And a relatively soft spot for Pacquiao. He said he wants to go 2 more years. It may take that long before Mayweather stops ducking him.
That’s it for this live blog experiment. Check back for more analysis later.
SEE MY COLUMN in the Philippine Inquirer:
http://globalnation.inquirer.net/102128/pacquiao-should-box-on