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Justice Ruth Ginsburg It's OK to scam the rubes (wink!) |
In a remarkable display of cynicism, Justice Ruth Bader Ginsburg dissented. She argued that the Court should allow American universities to discriminate based on race because they would do it anyway, even if they had to lie about it.
Here is what she said:
One can reasonably anticipate . . . that colleges and universities will seek to maintain their minority enrollment--and the networks and opportunities thereby opened to minority graduates--whether or not they can do so in full candor through adoption of affirmative action plans of the kind here at issue. Without recourse to such plans, institutions of higher education may resort to camouflage. . . . If honesty is the best policy, surely Michigan's accurately described, fully disclosed College affirmative action program is preferable to achieving similar numbers through winks, nods, and disguises. (emphasis supplied)What an astonishing thing for a Supreme Court Justice to write. In her view, college administrators are so lacking in integrity that they will lie in order to achieve their desired social goals, even if their tactics violate the law.
And Justice Ginsburg did not condemn such behavior. Implicitly at least, Justice Ginsburg endorsed the view that the end justifies the means. Affirmative action is so worthwhile, she apparently believes, that it is OK for college officials to engage in subterfuge--to camouflage their activities, to advance their goals through "winks, nods, and disguises."
President Obama, we now know, shares Justice Ginsburg's views about honesty. Universal health care is such a good thing, he believes, that it is permissible to lie repeatedly about how the new health care law actually works.
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I'm part Cherokee (wink!) |
And if a Harvard Law Professor (Elizabeth Warren) wants to claim she's an American Indian, that's OK too. It is important for Harvard to claim it has a Native American law professor, whether or not it's true.
Harvard's motto is Veritas--the Latin word for truth. In light of the leaders Harvard has produced in recent years, perhaps its motto should be tweaked a bit. How about "Veritas (wink)".
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Veritas (wink!) |
References
Gratz v. Bollinger, 539
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