Stunning Display Of Racism By SCOTUS Justice Alito

By | November 2, 2022

Justice Samuel Alito asks North Carolina Solicitor General when a student applicant can honestly claim, by self-reporting on their college applications, that they’re a member of a Native American community. Alito, referring to Democratic Senator Elizabeth Warren, says, ”I identify as an American Indian because I’ve always been told that some ancestor back in the old days was an American Indian.”  Park conceded, agreeing that it is unlikely that the student was telling the truth. 

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Speaking of litigiousness uh we played a Couple of clips from the oral arguments Yesterday I guess Monday about Affirmative action and there are two Cases one is out of uh one is against There’s plaintiffs against Harvard and One is plaintiffs against uh North Carolina University of North Carolina I Believe it is And Um We heard we played a a really great clip From uh kbj just recently uh put on the Court she had to recuse well she didn’t Have to She felt it was best to recuse herself From the Harvard case because she had Heard it on the lower court level Um But she was in for the North Carolina Case And she gave a great example of why one Would consider race these are not quotas It just it is how much how much race Conscious you are in trying to create a Diverse University setting But she also gave another example of how In not using race you may go afoul of The 14th Amendment which as you know was Written in response to the freeing of The slaves It Was Written specifically how do we Integrate slaves who have been Second-class citizens

Maybe arguably third class citizens I Mean yeah third class citizens how do we Integrate them into society That was the goal of the 14th Amendment And she used a great example about you Know what if somebody applies to UNC and Says like I’m a legacy well my family’s Been going here for five generations and You know I want you to know that that’s That’s my level of like attachment to This uh University and legacy admissions Are extremely high Being a legacy candidate really helps You in admissions Well if you’re a black person Your opportunity to be a legacy uh Admission Is extremely diminished Not just because UNC apparently wouldn’t Allow uh black people in until like 1955 Or something to that effect But obviously like you just didn’t have The opportunity to go to college or your Ancestors didn’t have the opportunity to Go to college And so that’s off the table for you how Is that fair But what it also shows is how the legacy Of slavery and how the legacy of Institutional and societal Discrimination carries through Generations And she’s addressing the 14th amendment In that question

The so-called textualists and Originalists in the course of these Cases barely talked about the Constitution They talked about a level of discussion That was even below statutory it was Like policy outcomes now In terms of my Judicial philosophy Talking about policy outcomes are okay In fact I I think that’s like you know What should be done that is sort of like The brandeisian Uh brief theory on some level But these guys get into like stuff that Is completely irrelevant and really Akin to What somebody just watching Fox News all The time would have like some like A grievement stuck in their craw Here is Sam Alito modeling that for you More related question and that is the Circumstance this is a real problem uh And I’ve heard it described to me uh by People who face it uh pause it for one Second pause it for one second This is a real problem and he’s heard it Described to him by people I’m which I Fundamentally doubt But understand Applicant applies To University of North Carolina The admissions people look at Where do they live are they rural are They Urban how many other people do we

Have that are rural that are Urban in This What are their grades What were their SATs maybe you don’t Have to submit it now apparently that Much but Um how’s their personal essays Uh What about their extracurriculars What about their references What about their relationship to people In the uh in the college maybe maybe They knew the interviewer What about their legacies all these Things And more probably go into this So just contemplate all those factors Because the UNC doesn’t just look at Race and say okay no no you got to hit a Certain threshold and then they’re They’re looking at all these different Factors to create a diverse a student Body But think about how verifiable all those Factors are And then just listen to the real problem That he sees And that is the circumstance this is a Real problem and I’ve heard it describe To me uh by people who face it uh when Can a student honestly claim to fall Within one of these groups that is Awarded a plus Factor so let’s say the Student has one grandparent Who falls

Within that class Became a student claimed to be a member Of an underrepresented minority Yes we rely on on self-reporting and we Don’t give it one great grandparent If that person believes that that is the Accurate expression of their identity I Don’t think there would be one great Great grandparent That’s going to make me continue to go On right right yeah I think that as we Go on it I agree that it would seem less Plausible that that person would feel That this is actually capturing my true Uh racial identity but the same is true For any of the other diversity factors That we it’s family lore that we have an Ancestor who was an American Indian Okay so I think in that particular Circumstance it would be not accurate For them to say I identified as an American Indian Because I’ve always been told that some Ancestor uh back in the old days was an American it was an American Indian yeah So I think in that circumstance it would Be very unlikely that that person was Telling the truth and the same is true For uh you know we rely on Self-reporting for all the the Demographic and other characteristics That we ask for and there’s nothing Special about the racial identification On that score your honor do you get an

Automatic All right put aside for a moment the Sort of like How freaking juvenile One of the six people who are in a Position to deny Half the population into pre-existing Individual right that has been around For 50 years I mean these are the power That this individual has Who has decided like he’s going to use This opportunity to I guess criticize uh Elizabeth Warren because maybe she has Been uh critical of of him Put aside that the level Of emotional Maturity that is associated with that Honestly like we’re talking like junior High level Put that aside for a moment How does a university establish that When my daughter is applying for college She is applying right now actually That she wrote her essay and not me How does the University establish That the reference she gets From I don’t know her music teacher or my Friend Is actually real Did they call and find out if my Daughter actually volunteered At The places that she said she volunteered

At for extracurriculars Did they uh check on to see did she Really have that part-time job Did they go and see like How much analysis did they do when they Checked out her High School 4 500 kids How much how much did how How Deeply did They assess The quality of that school so that they Could Market against like her A’s there Are as good as the A’s that someone Might get at like one of the private Schools I mean we could just go on and on and on The self-reporting In the college application process Is I mean short of grades Which of course in and themselves is Also subject to all sorts of like Different like You know you see like we don’t know if You really constitute black I mean Incidentally this is also was was a an Attack on uh on Barack Obama when he ran It’s not really black Um The like the idea that this has any Bearing on the situation if you’re very Worried about it then say like well if The issue is we don’t know I mean again Remember the question is can race be Considered as a factor in creating a Diverse

Um uh University setting if you are Worried About that That okay we accept let me put it this Way the question as to whether or not That can be considered Has no bearing on whether one can verify That status because there are mechanisms To verify that status If it’s really important you could say The colleges could say like please send Your Um 24 and me or whatever that thing is Your genetic breakdown To to assess that we take your grades we Also take a genetic breakdown I mean I don’t know if his argument is like Race isn’t a thing This is socially constructed so Therefore we can’t use it as a mechanism To what if someone’s been living in a Rural area for a year How do we know that they’re really a Rural type of person What have they been living in the city For a year how do we know that they’re Really an urban type of person are you Do you get those points geographically You you live in the country you live on A farm Do you get that if you’ve only been out There for two weeks What if you lived there for six months

What if you only want your senior year There what about what if you were a Junior I mean It is stunning It is stunning To hear him ask that type of question Because it’s so irrelevant It is so much about just trying to sort Of like propagate racism Never mind how they decide this He’s going to argue that racism is over We don’t need this it’s supposed to be Colorblind and and think about how Racist The implications of his question are That these identities are being Weaponized in his mind To get stuff they don’t deserve It’s it is really that is really twisted That dude is Twisted I don’t know what else to say except for The fact that like what’s also Horrifying is He is one of five people essentially That Are going to five or six And stripped uh an individual right for The first time in the history of this Country that has existed for 50 years Has been recognized for 50 years They’re going to further Um Take away the government’s ability to

Regulate to protect workers to protect Citizens in all different mechanisms uh To protect consumers They’re going to go on and make it Impossible for the government to protect Our water our air They’re going to inhibit the ability of Of like state legislatures to even Decide that you can have an independent Commission To do the um the redistricting I mean They’re just going to go on and on and On and look at the mentality Of the guy who’s going to be steering The ship Because it is a leader he’s the leader Of This Crew It’s it’s also just wild because we’ve Seen it a few times in arguments but Also at his some of his like speaking Engagements at the Heritage Foundation And other places or like a college Campuses where like As it is sometimes with like guys like Brett Weinstein it’s like it’s it’s the You know piety of the discourse in terms Of how he delivers things dressed up That’s the dressing for what is Essentially a guy who’s like an edge Lord Fox News Grandpa A buddy of mine listened to the uh the The for the first time he listened to The Supreme Court argument the other day He’s like holy crap

I didn’t realize how these guys are morons right it’s like it’s it’s Not even and beyond beyond the craziness Of it it’s also not even like sound you Know legal thinking too like you said in The beginning of the before the clip It’s like daily wire commissary time Right it really is ask asking asking the North Carolina solicitor general if Someone should can if an applicant if an Admissions uh uh staffer should look at You know family lore and the thing is Like you could easily they could easily Say we think that this is still we we Decide that it is okay to be race Conscious what we need to do though you Need to come back and provide us a Mechanism in which you will verify right The distance they could have done that Or the practicality he disdains the Practicality of like oh how about we Have a relationship with tribes and Tribal affiliation and that sort of Thing to determine This and like Um and then actually there is um Feedback mechanisms that criticize folks For falsely claiming certain identities Like that’s already actually in hand That doesn’t need to be a Supreme Court It could take you like a lay person Could fight could spend five minutes And find all sorts of different like Scenarios where a uh where you know a Court has decided something but there

Needs to be some standard applied to Make it clear what constitutes what Passes a certain threshold I mean that Happens all the time That was Kennedy’s big remark in terms Of uh of gerrymandering I’m not sure Where I stand on this gerrymandering if Social science can figure out a way in a Mechanism in which to say like something Has been extremely gerrymandering and of Course they did come up with that And then he ignored it and uh handed Over the court to Kavanaugh and then it Was all gone Um I mean it

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