6th Circuit Reconsiders Affirmative Action Decision

[jillian]

The 6th Circuit Court of Appeals agreed to reconsider it's decision striking down a ban on affirmative action.

A federal appeals court has agreed to reconsider its July ruling that struck down the state ban on racial preferences in public education, state Attorney General Bill Schuette announced Friday afternoon.

The U.S. 6th Circuit Court of Appeals said it will reconsider the matter based on a request from Schuette for an "en banc" review, meaning the full court will consider the case and not just a three-judge panel.

Wayne State University law professor Peter Henning said the decision means "there are enough judges troubled by the earlier panel decision that they want to look at it. It means there's at least some sentiment on the court that the panel decision wasn't correct."

But Henning said there's no way to handicap any decision based on the court's desire to revisit the case. "It doesn't mean a majority. And they don't always reverse."

The ban has remained in effect as the issue makes its way through the courts

Appeals court to revisit decision that struck down affirmative action ban | Detroit Free Press | freep.com

 

[Oddball]

There ya go...If you don't like the results, declare "DO-OVER!"

Nothing like living under judicial oligarchy.

 

[jillian]

There ya go...If you don't like the results, declare "DO-OVER!"

Nothing like living under judicial oligarchy.

i would think you'd like them reconsidering whether it was appropriate to lift the ban on affirmative action. you do realize if they reverse themselves on reconsideration, then there WILL be a ban on affirmative action. right?

i'm sorry you hate law and legal procedure, but there is always recourse to ask the court to reconsider a decision if it "misapprehended the law" or failed to take into consideration certain facts which were before it at the time.... or if new facts arose which were not available at the time of the initial motion practice. and in this case, only a few members of the court made such an important decision. the rest of the court wants to opportunity to make a determination.

glad to be of assistance, dude.

oh yeah... and if the motion is denied in the circuit court, they will still have recourse to go to the supreme court.

that's how our legal system works.

 

[Dont Taz Me Bro]

Affirmative Action is nothing more than institutionalized racism. It has no place in 21st century America.

 

[jillian]

Affirmative Action is nothing more than institutionalized racism. It has no place in 21st century America.

i don't agree. though i do think there were better ways to address the problems that exist than have been explored.

that said. the state struck down use of racial preferences and banned them.

the court said that affirmative action SHOULD be banned.

this full panel will address whether it agrees or not.

so i'm not sure why Dude has a bug up his butt about it.

 

[jillian]

oh... and for the record. i don't like affirmative action. i think anti-discrimination laws (assuming they're actually enforced) should be sufficient to deal with institutionalized racism.

i also think the Bakke decision (which is currently the law on the subject...hence the circuit really probably being precluded from banning affirmative action) was a horrible decision with a terrible societal outcome.

 

[Tank]

If only we could raise black IQ levels , then this would all be unnecessary

 

[jillian]

If only we could raise black IQ levels , then this would all be unnecessary

if it weren't for racist slugs like you, perhaps there wouldn't be an argument for affirmative action.

 

[PoliticalChic]

oh... and for the record. i don't like affirmative action. i think anti-discrimination laws (assuming they're actually enforced) should be sufficient to deal with institutionalized racism.

i also think the Bakke decision (which is currently the law on the subject...hence the circuit really probably being precluded from banning affirmative action) was a horrible decision with a terrible societal outcome.

Dang!

Obviated about a dozen of my posts!

 

[Tank]

You blame me, instead of black behaviour?

 

[jillian]

i always blame racists for their own behavior. i find it's better than blaming their parents for not educating their ignorant asses.

 

[jillian]

oh... and for the record. i don't like affirmative action. i think anti-discrimination laws (assuming they're actually enforced) should be sufficient to deal with institutionalized racism.

i also think the Bakke decision (which is currently the law on the subject...hence the circuit really probably being precluded from banning affirmative action) was a horrible decision with a terrible societal outcome.

Dang!

Obviated about a dozen of my posts!

 

[Zander]

This will probably be the final nail in the coffin of Affirmative Action. It was an idea the once held merit. But like all government programs, it had unintended consequences. Good riddance.

Like Jillian said, we already have anti-discrimination laws on the books. It's time to bury Affirmative Action permanently.

 

[Immanuel]

This will probably be the final nail in the coffin of Affirmative Action. It was an idea the once held merit. But like all government programs, it had unintended consequences. Good riddance.

Like Jillian said, we already have anti-discrimination laws on the books. It's time to bury Affirmative Action permanently.

I agree that it is time to end AA and enforce our laws on anti-discrimination. I agree it had its purpose to begin with and like most social laws served a good purpose when it was instituted.

I do not agree that this is the final nail in the coffin of Affirmative Action. Laws that have served their purpose never really die... they go on crippling society forever.

Immie

 

[jillian]

This will probably be the final nail in the coffin of Affirmative Action. It was an idea the once held merit. But like all government programs, it had unintended consequences. Good riddance.

Like Jillian said, we already have anti-discrimination laws on the books. It's time to bury Affirmative Action permanently.

well, i don't know. the Bakke case is still good law, so the issue will have to go to the supreme court at some point. if the ban is lifted, the court may or may not take the case.

and the 6th circuit isn't exactly one of the big precedent setting courts.

 

[C_Clayton_Jones]

In Grutter v. Bollinger (2003), the Supreme Court held that Michigan Law School’s narrowly tailored policy of considering race as one of many factors in admissions decisions was Constitutional and an exception to Bakke.

so i'm not sure why Dude has a bug up his butt about it.

Because, as with most conservatives, he has a lack of understanding of the concept of the rule of law, or contempt for it.

That a majority of the people of the State of Michigan voted to ban affirmative action policies is irrelevant in a legal and Constitutional context. In essence for the right, the doctrine of judicial review is ‘bad’ when decisions don’t go as they want.

If only we could raise black IQ levels , then this would all be unnecessary

You blame me, instead of black behaviour?

Fortunately the rule of law protects us from the likes of you.

 

[Oddball]

I have contempt for people who judge people based on skin color, no matter how reputedly noble their claimed intent....Especially given that these are the same political stooges who'll screech racism at the drop of a hat, should you have the temerity to disagree with their left-handed racist preferences.

 

[Tank]

If Affirmative action worked so well, why is black UNemployment at a all time high today?

 

[jillian]

I have contempt for people who judge people based on skin color, no matter how reputedly noble their claimed intent....Especially given that these are the same political stooges who'll screech racism at the drop of a hat, should you have the temerity to disagree with their left-handed racist preferences.

well, yes.

but still doesn't explain your contempt for judicial process.

 

[Salt Jones]

Affirmative Action is nothing more than institutionalized racism. It has no place in 21st century America.

Just as slavery didn't have a place in 18th or 19th century America.

Just as Jim Crow and government enforced segregation didn't have a place in 19th or 20th century America.

Call me when we've had 200 plus years of Affirmative Action, until then payback's a bitch.