re: #423 Gabriel Hanna

Moderates address La Raza all the time, do they?

Moderates think its okay to throw out a whole exam if black people don’t do as well on it as non-black people, because the exam is prima facie racist?

Maybe in Europe those are moderate positions. In America, moderates don’t think this way.

A moderate position on, say, affirmative action might be, if you have equally good candidates, choose the protected minority. I have often heard affirmative action described as though it DOES work this way.

But to say that an outcome in which minorities are over- or under-represented is racist on its face is a far from moderate position. It is common in academia.

John McCain Speech at the 2008 National Council of La Raza Convention
campaign.com

As for the Ricci case… Title VII says what it says. Sotomayor didn’t write the law, she just ruled in accordance with it. You’d have preferred she legislate from the bench?

The Supremes accepted the case, probably, because Roberts is hoping to overturn that portion of Title VII.