Alan Dershowitz explains why Joe Biden excluding potential Supreme Court nominees on the basis of their race and gender is almost certainly unconstitutional.
Alan Dershowitz went on with Maria Bartiromo on Sunday Morning Futures today to talk about the upcoming retirement of Justice Stephen Breyer, and Joe Biden’s illiberal promise to exclude thousands of qualified potential replacements specifically and only on account of their race or gender or both.
It’s a litmus test that clearly isn’t keeping with the Constitution and is probably (definitely) legally unconstitutional. Disallowed. You know, un-American.
Look you can brag all the long day that you’re trying to be inclusive, but that won’t change the facts that you’re actually being exclusive, Joe. This is just one more time Biden’s letting the far-left wing control the Oval Office, which Bartiromo mentions in the clip…..
Today on the Matt Walsh Show, there is an opening on the Supreme Court and it’s been decided that a black woman must fill it. Which black woman? Well any will do, apparently. Once again we see the absurd racism of “racial equity” on full display. Also, there has been a huge surge in children experiencing speech delays because of masking. And Media Matters publishes a lengthy expose about a certain bigoted Dr. Phil clip that lots of people on Facebook have seen and shared. They’re very concerned about it. In our Daily Cancellation, we’ll deal finally with the NFT phenomenon. Is it a good investment opportunity or is it the dumbest thing in the history of the world and a sign of our civilization’s decadence and decay?
Does the Democratic Party represent the interests of black Americans? Larry Elder gives 10 reasons why blacks might consider leaving the Democratic Party.
10. School Choice 9. Social Security 8. Race-Based Preferences for Diversity 7. War on Poverty (Welfare State) 6. Illegal Immigration 5. Hostility Towards Police 4. Job Killing Regulations 3. The Great Recession (Housing Crisis) 2. Playing the Race Card for Votes 1. Pro-Abortion
Harvard University’s admissions policy is proof that one can remember negative history, write about it in great and vivid detail, and still be doomed to repeat it. In the name of “affirmative action” and “diversity,” Harvard is doing to Asian-American applicants exactly what it once did to Jewish applicants: discriminate. Lee Cheng explains.
Elizabeth Warren is bent on using the race card, even if it means falsely claiming Native American heritage. Dennis Prager explains why race doesn’t matter.
The trial itself began October 15th in a federal court with Harvard as the accused (HOT AIR). FOX NEWS reports on the trial’s revelations so far:
Harvard University’s dean of admissions has testified the Ivy League school applies different SAT score standards to prospective students based on factors such as race, but insisted the practice is not discriminatory.
Students for Fair Admissions, a group headed by legal strategist Edward Blum, sued Harvard in 2014 claiming Asian-Americans, who have the highest academic records, unfairly receive the lowest admission rate at the elite school.
Regardless of the outcome of the three-week, non-jury trial in Boston that began Monday, the lawsuit involving affirmative action and backed by the Trump administration is expected to reach the Supreme Court.
William Fitzsimmons, the 30-year dean of admissions, who oversees the screening process of about 40,000 applicants and narrows them down to 2,000 acceptance letters that are handed out each year, testified that African-Americans, Native Americans, and Hispanic high schoolers with mid-range SAT scores out of a possible 1600 combined math and verbal, are sent recruitment letters with a score as low as 1100, whereas Asian-Americans need to score at least 250 points higher – 1350 for women and 1380 for men.
“That’s race discrimination, plain and simple,” argued John Hughes, a lawyer for SFFA.
“It is not,” Fitzsimmons shot back, adding that the school targets certain groups to “break the cycle” and convince students who normally wouldn’t consider applying to the Ivy League school.
[….]
Chinese-American Harvard graduate Lee Cheng, a lawyer for the Asian-American Legal Foundation, supports the lawsuit as a simple and straightforward case for the right not to be discriminated against based on race.
“It’s about saying Harvard cannot set different and more difficult standards for admitting Asian students relative to students of any other ethnic group,” Cheng said. “It’s that simple – and it’s undeniable that Harvard has.”
Blum told Fox News he’s confident after four years of evidence gathering that Harvard’s race-conscious admissions policies are “unconstitutional.”….
Here is Mark Levin reading about this discrimination from August of last year:
Lee’s next slide shows three columns of numbers from a Princeton University study that tried to measure how race and ethnicity affect admissions by using SAT scores as a benchmark. It uses the term “bonus” to describe how many extra SAT points an applicant’s race is worth. She points to the first column.
African Americans received a “bonus” of 230 points, Lee says.
She points to the second column.
“Hispanics received a bonus of 185 points.”
The last column draws gasps.
Asian Americans, Lee says, are penalized by 50 points — in other words, they had to do that much better to win admission.
When setting public policy, what’s more important: intentions or results? Feeling good or doing good? When it comes to being guided by the heart or by the mind, the Left and Right are very different.
Jason Riley, author of “Please Stop Helping Us,” joins John to explain how well-intended government program have damaged blacks in America.
“If we are to be mothered, mother must know best…. In every age the men who want us under their thumb, if they have any sense, will put forward the particular pretension which the hopes and fears of that age render most potent. They ‘cash in.’ It has been magic, it has been Christianity. Now it will certainly be science…. Let us not be deceived by phrases about ‘Man taking charge of his own destiny.’ All that can really happen is that some men will take charge of the destiny of others…. The more completely we are planned the more powerful they will be.”
[….]
“Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. Their very kindness stings with intolerable insult. To be ‘cured’ against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals. But to be punished, however severley, because we have deserved it, because ‘ought to have known better,’ is to be treated as a human persons in God’s image.”
C.S. Lewis, God in the Dock (Grand Rapids, MI: W.B. Eerdmans, 2002), 292 (Full text).
This is a discussion between myself and a black, lifelong Democrat. He intimated to me that he would never vote Republican because of the party’s racism. Okay. I asked him to provide me with one example or evidence of racism from Republican leaders. He offered me “birthirism.” Birthers are people who believe Obama was born in Kenya, and thus, not able to be President. The below is my response to him, one may also want to read my more recent conversation with a Democrat who likewise posited racism. Let us begin
What are our options with birtherism? Options:
a) Either the conspiracy theories are true, or; b) He lied to gain access and recognition at Occidental College/Harvard/Columbia an/or at his publisher… similar to Elizabeth Warren; c) The media made this up whole cloth.
Why do I only allow for the above two options? Let me explain and then we will continue with the response.
FIRSTLY, I truly believe Obama was born in Hawaii. In other words, I am NOT a birther in the true sense of the words meaning.
That being said, I do believe he lied about this in order to get more opportunities for educational as well as more opportunities to get published. I say this BECAUSE of the following evidence, which is: that only a few months after Obama threw his hat officially into the 2008 Presidential run, his publisher scrubbed their site of the following. And mind you, the following could not have happened without Obama’s consent/knowledge:
Obama’s literary agent changed Barack Obama’s bio page in April 2007, two months after he announced his run for President of the United States in February 2007. Before that, Obama’s bio said he was born in Kenya.
So, we can rid option “c” from above… we now know this was not a “hit job” by a “vast right-wing conspiracy.” Here is an highlighted portion of the above which was on Obama’s publishers website from 1995-to-2007(to the right).
The media is not that smart to foresee into the future like that and plant said evidence with full-knowledge of Obama. So we have “a” and “b” left.
a) Either the conspiracy theories are true, or; b) He lied to gain access and recognition at Occidental College/Harvard/Columbia an/or at his publisher… similar to Elizabeth Warren;
Again, to be clear, I reject birtherism (“a”), but doing so doesn’t mean that common sense can say the following:
Obama was the first “birther.”
In 2003 for instance, when his publisher published Barack Obama’s book, Dreams of My Father, they wrote that Barack Obama was born in Kenya in their own promotional material (Gateway Pundit). Either way there is “some splainin’ to do Lucy.”
Back to the aforementioned Elizabeth Warren. Ann Coulter’s comments on Warren:
“Warren’s lie is outrageous enough to someone like me, who isn’t a fan of race-based affirmative action programs. Still, she is a liar, and she stole the credit of someone else’s suffering. For liberals, it should be a mortal sin: Elizabeth Warren cheated on affirmative action.”
If true of Obama… he would be doubly guilty of this mortal sin. One commentator on my FaceBook made this astute point that “Either way, Joe Wilson was right! He lies!”
BACK to the options.
a) Either the conspiracy theories are true, or; b) He lied to gain access and recognition at Occidental College/Harvard/Columbia an/or at his publisher.
We know the more modern theory was started by the Hillary camp during the contentious campaign between her and Obama (audio to the right). We also have the long-form birth certificate… as well as the birth announcements of Obama from Hawaii when he was born (from two papers: [1961] Honolulu Advertiser; and, [1961] Star Bulletin). So we can exclude “a,” that the conspiracy theories are true.
So, I am inclined to believe “b,” but more importantly… over the years I have been inundated with the “racist” label by those assuming I am a “birther.” So this is why I wanted to expand my thinking on this.
Let us expose the “racism” portion of this a bit more with an example from ThinkProgress (the title of the article is “9 Most Racist Moments of the 2012 Election“) that racism is in the root cause of this conspiracy rather than hyperbole. For instance they quote in their #1 example the son of a Republican, Jason Thompson:
Jason Thompson told a crowd of supporters at a brunch that “we have the opportunity to send President Obama back to Chicago — or Kenya.” Thompson is the son of former Wisconsin governor Tommy Thompson, who is now running for Senate. In attendance at the brunch was Reince Priebus, the chairman of the Republican National Committee.
This is obviously hyperbole. But let’s say Jason really believed Obama was born in Kenya… I still cannot see “racism” in this remark. But this claim of racism cuts both was, as we will see. So, here are the four areas I will compare this “racism” claim made about being a birther and this being the best example a life-long Democrat can use to show “Republican racism.”
Dem vs. Repub % of belief in conspiracies;
what type of conspiracy?;
Who believed these conspiracy theories;
What is my point?
1) PERCENTAGES
(Speaking to my Democratic detractor) You are aware, I am sure, that the birther story was first started by a Democrat and the story made popular via Hillary Clinton. For instance, Politico says this in one of their classic articles:
…Where did this idea come from? Who started it? And is there a grain of truth there? The answer lies in Democratic, not Republican politics, and in the bitter, exhausting spring of 2008. At the time, the Democratic presidential primary was slipping away from Hillary Clinton and some of her most passionate supporters grasped for something, anything that would deal a final reversal to Barack Obama. The theory’s proponents are a mix of hucksters and earnest conspiracy theorists, including prominently a lawyer who previously devoted himself to ‘proving’ that the Sept. 11 attacks were an inside job. Its believers are primarily people predisposed to dislike Obama. That willingness to believe the worst about officials of the opposite party is a common feature of presidential rumor-mongering: In 2006, an Ohio University/Scripps Howard poll found that slightly more than half of Democrats said they suspected the Bush Administration of complicity in the Sept. 11 attacks….
So not only would Obama in 1995 would have to of intimated the idea that he was born in Kenya in 1995, here [above] Politico traces the “birther” beginnings to a Democrat. Let us digest this a bit.
I am combining the above with polls from Rasmussen (and others compiled at WIKI) that show an amazing thing. What is this “amazing thing,” you rightly ask?
Democrats in America are evenly divided on the question of whether George W. Bush knew about the 9/11 terrorist attacks in advance. Thirty-five percent (35%) of Democrats believe he did know, 39% say he did not know, and 26% are not sure.
Not sure? Not sure? To be clear, Democrats by over a majority believed Bush either knew directly or they said they were [basically] “still on the fence.” Here is more:
I’ve been looking for a good analogue to the willingness of Republicans to believe, or say they believe, that Obama was born abroad, and one relevant number is the share of Democrats willing to believe, as they say, that “Bush knew.”
There aren’t a lot of great public numbers on the partisan breakdown of adherents to that conspiracy theory, but the University of Ohio yesterday shared with us the crosstabs of a 2006 poll they did with Scripps Howard that’s useful in that regard.
“How likely is it that people in the federal government either assisted in the 9/11 attacks or took no action to stop the attacks because they wanted the United States to go to war in the Middle East?” the poll asked.
A full 22.6% of Democrats said it was “very likely.” Another 28.2% called it “somewhat likely.”
That is: More than half of Democrats, according to a neutral survey, said they believed Bush was complicit in the 9/11 terror attacks….
What is the percentage of Republicans that believed (at it’s height of belief) Obama was not born in America?
31% of Republican think/thought that Obama was not born in the states…
How many Democrats?
15% of Democrats believe the same… [well as 18% of Independents]
However, a third who believe him to be born out of the country approve of him (ABC-News and my RPT post).
2)WHAT KIND OF CONSPIRACY?
So we have two conspiracies to compare and contrast: 9/11 culpability, and birtherism. What do they show? Are their differences? Let’s work through these. One, birtherism, has a belief held that a person was born out of country, and that other people covered this up.
In other words… when Obama was a child/infant other adults made this happen. He, Obama, was powerless to affect it. Obviously, he was an infant or child. In fact, assuming the conspiracy true and giving the most leeway of the options behind it… Obama may not have known about this until his Presidential run.
What about 9/11?
This conspiracy asserts that a leader of these United States knew of the coming attack and allowed it to happen, thus killing fellow citizens and going to war over it [for oil, a myth]. Thus, murdering more Americans in a war over a conspiracy to profit.
Many of these Democrats also believe Bush was involved in making this happen (HotAir). So this conspiracy would be considered — if we had an evil scale — much more “evil” because it is an American in the highest office basically directly culpable for the death of innocent people.
It doesn’t take a rocket scientist for an outside observer to say, “whoa, whoa, whoa… calm down DEMOCRATS! Yeah this other conspiracy [birtherism] is nuts, but it doesn’t posit such an overtly evil act.”
in other words a much larger number of Democrats are on the “fringe” and would be called racist if they were Republicans, for their crazy opposition to a black President. LIKE Republicans are called racist for their birtherism position. Which would also include the 15% of Democrats being equally racist who believe in this birther theory.
3) MAGAZINES, PUNDITS, AND LEADERS
Here is what the Left believes to be a radical, extreme right pundit, Ann Coulter. Her point is instructive, which is, no one in the major influence of the conservative/Republican believes this conspiracy (see Ann Coulter reject birtherism — to the right):
NOTE: not a single mainstream right-wing talk show host believed this (I should stipulate that I listen to Rush Limbaugh, Dennis Prager, Michael Medved, Hugh Hewitt, and Larry Elder). None of these conservative talk show hosts believed this. In fact, Michael Medved typically takes calls that disagree with him — which led to some great excoriation of this birther conspiracy (here are some of those calls).
In the original challenge by a friend, he stated that Republicans have racist tendencies, provable by their support of birther conspiracies. So my new question is this:
“If Obama used this canard [that he was born in Kenya] in order to receive more accolades or recognition at Harvard and/or his publisher, would this be evidence that he is racist”?
I tackled the subject back in 2010 on my old blog, it on my old blog as well as my new site. And I am as conservative as you can get!
The next LOGICAL question becomes who in congress or Democratic leadership believed Bush knew? To name a few: Rep. Dennis Kucinich; Rep. Cynthia McKinney; Congressman Alan Grayson, etc.
4) What Is My Point?
Simply my point is this:
1) The complexity of the seemingly simple “around the cooler” accusation that birtherism equals racism is never addressed. If Republicans are painted as racist, then so to must Democrats since a large percentage of them are “birthers,” not to mention Obama was the O.G. birther and recent birtherism was pushed by Hillary Clinton’s camp.
Simply painting your opponent as bigoted or racist sounds good if one wishes to label and dismiss opposing viewpoints. It is the easy way out for the lazy of mind.
2) If such beliefs make Republicans racist or bigoted, how much more are Democrats with their larger fringe group pushing a theory that infers Bush was personally involved with this act?
3) Since almost all major conservative/Republican magazines, pundits, radio hosts, and Congressmen reject “birtherism,” and many more liberal/Democratic magazines, pundits, radio hosts, and elected-officials believed their own 9/11 theories AND birtherism to some extent… how does this paint the people pushing these conspiracies?
In other words, Republicans at least say Obama was lying about his place of birth in order to get special preference in educational and publishing opportunities; at most saying that Obama later found out about other peoples lies in getting him over to America as a child and tried to cover it up for his Presidential run.
On the other-side of the coin, you have Democrats saying that [at least] Bush knew about the pending attack and allowed it to happen in order to financially profit from a war[s]. At most they say he was actually involved in the taking down of the Trade Towers in order to go to war. BOTH options Bush is culpable for the murder of innocent and military lives.
A young man [A childhood friend of one of my sons] who does not agree with my viewpoints on some issues (many issues in fact) still is open minded enough to ask a serious question expecting some serious input to continue his thinking on the matter. Learning should not become stagnant, but should be a lifelong adventure. This person is doing just that, in the least trying to understand the opposing viewpoint. For this I laud him.
Here is the question:
✌“Out of curiosity, what are your thoughts on affirmative action?”
Here is my response:
Not a big fan at all. It is interesting, I just finished a book entitled, “Wrong on Race: The Democrat Party’s Buried Past,” and at the end of the book he gave some ideas that the Republicans could spearhead some ideas to end racial preferences altogether. One is (and I don’t know how much I like his ideas… but at least he is being innovative) that blacks would not have to pay Federal Income Tax for a generation or two, and then all race based programs could be ended… and we could truly be a color blind society. At least as the government is concerned. (You will never be able to change human nature and its depravity.)
A book I highly recommend (and is relatively short) that help zero in on this topic is a book by Thomas Sowell, “Civil Rights: Rhetoric or Reality?” It is a bit dated but there are timeless ideas in it. A more academic study is his book, “Affirmative Action Around the World: An Empirical Study,” by Sowell. (Although I haven’t read the book, I trust Walter Williams input from his newest book [on my 2013 reading list]: “Race and Economics: How Much Can Be Blamed on Discrimination?“).
Again, two books easily digested that should be read by the serious student that are short and full of timeless wisdom:
I look at it like this. Let’s say you have a law firm and many of your cases are with Hollywood moguls and you have even had a couple of your lawyers argue before the Supreme Court. You need lawyers that know their law and have a record of academic achievement. You go to Harvard, Yale, Cambridge, etc. to pull from the pool new Lawyers. Walking around are future graduates with signs around their necks that say:
★ I got into ______________ because I competed and scored higher than most on my SATS and was near the top of my undergraduate classes;
★ I got into ______________ because my parents or grandparents gave millions of dollars to their alma mater;
★ I got into ______________ because I am black.
(By-the-by, I used the example of a rich privileged “white” student because I know this person views much of the world through the lenses of the liberal trinity, that is: race, class, gender. I used an example he would agree with, so if “a” is true [rich privileged kid], why isn’t “b” true [poor privileged kid].) I would be just as skeptical of the uber-rich kid who has parents building wings in the university as I would about a person getting in due to affirmative action. And if you ran a business that by nature [all] are competitive, you are looking for people who can be the best.
Not only does this hurt the workforce, but it hurts the educational system as well. To wit, I just uploaded a 5-minute blurb from Thomas Sowell. It is worth listening to:
Here is likewise a short audio with Larry Elder making some key points in a 6-minute audio. What this shows is that like with many “feelings based” policy, the people harmed are the intended target of help.
I finished off my thinking with David Mamet, an ex-progressive, explaining the idea of feelings based laws:
There is a Liberal sentiment that it should also punish those who take more than their “fair share.” But what is their fair share? (Shakespeare suggests that each should be treated not according to his deserts, but according to God’s mercy, or none of us would escape whipping.)
The concept of Fairness, for all its attractiveness to sentiment, is a dangerous one (cf. quota hiring and enrollment, and talk of “reparations”). Deviations from the Law, which is to say the Constitution, to accommodate specifically alleged identity-group injustices will all inevitably be expanded, universalized, and exploited until there remains no law, but only constant petition of Government.
We cannot live in peace without Law. And though law cannot be perfect, it may be just if it is written in ignorance of the identity of the claimants and applied equally to all. Then it is a possession not only of the claimants but of the society, which may now base its actions upon a reasonable assumption of the law’s treatment.
But “fairness” is not only a nonlegal but an antilegal process, for it deals not with universally applicable principles and strictures, but with specific cases, responding to the perceived or proclaimed needs of individual claimants, and their desire for extralegal preference. And it could be said to substitute fairness (a determination which must always be subjective) for justice (the application of the legislated will of the electorate), is to enshrine greed—the greed, in this case, not for wealth, but for preference. The socialistic spirit of the Left indicts ambition and the pursuit of wealth as Greed, and appeals, supposedly on behalf of “the people,” to the State for “fairness.”….
….But such fairness can only be the non-Constitutional intervention of the State in the legal, Constitutional process—awarding, as it sees fit, money (reparations), preferment (affirmative action), or entertainment (confiscation)….
….”Don’t you care?” is the admonition implicit in the very visage of the Liberals of my acquaintance on their understanding that I have embraced Conservatism. But the Talmud understood of old that good intentions can lead to evil—vide Busing, Urban Renewal, Affirmative Action, Welfare, et cetera, to name the more immediately apparent, and not to mention the, literally, tens of thousands of Federal and State statutes limiting freedom of trade, which is to say, of the right of the individual to make a living, and, so earn that wealth which would, in its necessary expenditure, allow him to provide a living to others….
…. I recognized that though, as a lifelong Liberal, I endorsed and paid lip service to “social justice,” which is to say, to equality of result, I actually based the important decisions of my life—those in which I was personally going to be affected by the outcome—upon the principle of equality of opportunity; and, further, that so did everyone I knew. Many, I saw, were prepared to pay more taxes, as a form of Charity, which is to say, to hand off to the Government the choice of programs and recipients of their hard-earned money, but no one was prepared to be on the short end of the failed Government programs, however well-intentioned. (For example—one might endorse a program giving to minorities preference in award of government contracts; but, as a business owner, one would fight to get the best possible job under the best possible terms regardless of such a program, and would, in fact, work by all legal and, perhaps by semi- or illegal means to subvert any program that enforced upon the proprietor a bad business decision.)*
Further, one, in paying the government to relieve him of a feeling of social responsibility, might not be bothered to question what in fact constituted a minority, and whether, in fact, such minority contracts were actually benefiting the minority so enshrined, or were being subverted to shell corporations and straw men. †
————————————————————–
*No one would say of a firefighter, hired under rules reducing the height requirement, and thus unable to carry one’s child to safety, “Nonetheless, I am glad I voted for that ‘more fair’ law.”
† As, indeed, they are, or, in the best case, to those among the applicants claiming eligibility most capable of framing, supporting, or bribing their claims to the front of the line. All claims cannot be met. The politicians and bureaucrats discriminating between claims will necessarily favor those redounding to their individual or party benefit—so the eternal problem of “Fairness,” supposedly solved by Government distribution of funds, becomes, yet again and inevitably, a question of graft.
David Mamet, The Secret Knowledge: On the Dismantling of American Culture (New York, NY: Sentinel Publishing, 2011), 116-117, 122, 151, 154.
Prager ends the short discussion with a great example of how “diversity/affirmative action’ plays a role in warping truth/history in order to make people “feel good.” It is one of the key differences between the Left and the Right, that is, equality or liberty. You cannot have both. (Posted by: Religio-Political Talk)
For more clear thinking like this from Dennis Prager… I invite you to visit: http://www.dennisprager.com/
