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posted 5 years ago by TheImpossible1 5 years ago by TheImpossible1 +45 / -0
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– exilde 7 points 5 years ago +7 / -0

Because racial based law has a lot more precedent that can jump through legal hoops. This is a challenge to affirmative action. However, because it's really an issue of EO prioritization, it will fail. Precedence also establishes the right to prioritization.

Miller is a disciple of Horowitz. I won't say it's designed to fail, but they surely know it will.

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▲ 9 ▼
– current_horror 9 points 5 years ago +9 / -0

Are you telling me that prioritizing a race of people in legislation is not a violation of the civil rights act so long as it can be claimed as a temporary measure (despite no fixed end date)? Because that sounds like the civil rights act is meaningless.

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▲ 3 ▼
– exilde 3 points 5 years ago +3 / -0

I'm just saying that the executive has broad authority on how it rolls out legislation. If it was excluding white males, there'd be a case. If it was prioritizing white males, there'd also probably be a case. I just don't see it, when prioritizing protected classes.

The CRA is hardly meaningless. It's just massively unconstitutional, and no judge would ever touch it beyond the margins.

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